The Litigation Reimbursement Act requires federal courts to automatically award attorneys' fees and litigation costs to defendants in criminal cases that go to trial but do not result in a conviction. Currently, courts have discretion to award such fees only when they determine the government's case was frivolous or brought in bad faith; this bill removes that discretion and makes fee awards mandatory in acquittals and cases with not-guilty verdicts. The legislation also expands fee-award requirements in civil cases by changing similar "may award" language to "shall award," making those awards mandatory as well. The bill applies to criminal cases pending on or after its enactment and is effective beginning in fiscal year 2026. The bill aims to shift litigation costs away from defendants when the government does not secure a conviction, potentially protecting individuals from substantial legal expenses even when they prevail in court.
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