Federal Anti-Kickback Statute Defense Lawyer
Defense Against 42 U.S.C. § 1320a-7b Healthcare Fraud Charges
Allegations under the Federal Anti-Kickback Statute are serious felony matters that can threaten your medical license, your livelihood, and your freedom.
The Anti-Kickback Statute, codified at 42 U.S.C. § 1320a-7b, makes it a federal crime to knowingly and willfully offer, pay, solicit, or receive remuneration in exchange for patient referrals or services reimbursed by federal healthcare programs.
These cases are aggressively investigated and prosecuted by federal authorities. If you are under investigation or have been charged, immediate representation by an experienced federal defense attorney is critical.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at the Hedding Law Firm in Los Angeles. To schedule a consultation, call (866) 986-2092 or use the contact form here.
What Is the Federal Anti-Kickback Statute?
The Anti-Kickback Statute prohibits:
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Paying for patient referrals
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Receiving payment for referrals
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Offering financial incentives tied to federal healthcare services
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Arranging purchases of services or goods reimbursable by federal programs
The law applies to services reimbursed through programs such as:
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Medicare
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Medicaid
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TRICARE
To secure a conviction, prosecutors must prove:
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Remuneration was exchanged, and
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The defendant acted knowingly and willfully with improper intent.
Remuneration includes more than cash. It may involve:
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Gifts
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Consulting fees
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Discounts
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Free rent
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Marketing payments
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Percentage-based referral fees
What Triggers a Federal Investigation?
Federal Anti-Kickback investigations are typically initiated by:
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Federal Bureau of Investigation
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Department of Health and Human Services
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Office of Inspector General
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Department of Justice
Investigations may arise from:
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Whistleblower complaints
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Audit findings
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Billing irregularities
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Suspicious referral patterns
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Financial transaction reviews
Cases frequently involve:
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Physicians
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Pharmacists
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Durable medical equipment providers
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Laboratory operators
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Healthcare marketers
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Business executives
Examples of Anti-Kickback Violations
Common scenarios include:
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Paying a marketer per patient referred
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Receiving payment for steering Medicare patients to a facility
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Providing financial incentives to physicians for ordering certain products
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Kickbacks tied to durable medical equipment or prescription drugs
However, not all compensation arrangements are illegal.
The statute contains safe harbor provisions that protect certain legitimate arrangements, including properly disclosed discounts and structured employment relationships.
Determining whether your case falls within a safe harbor requires careful legal analysis.
Penalties for Anti-Kickback Violations
A violation of 42 U.S.C. § 1320a-7b is a felony.
Potential penalties include:
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Up to 10 years in federal prison per count
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Substantial criminal fines
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Civil monetary penalties
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Restitution
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Asset forfeiture
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Exclusion from federal healthcare programs
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Loss of professional licenses
Federal sentencing guidelines consider:
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Total financial impact
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Number of patients involved
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Duration of conduct
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Role in the scheme
Federal defendants must serve at least 85 percent of any prison sentence imposed.
Why the Government Targets Kickback Schemes
The federal government prioritizes Anti-Kickback enforcement to:
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Protect patients from financially motivated referrals
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Prevent inflated healthcare costs
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Preserve integrity in federally funded programs
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Eliminate corruption in medical decision-making
Authorities argue that illegal referral payments distort patient care decisions and increase taxpayer-funded healthcare spending.
Because of this policy focus, prosecutors often take aggressive positions in these cases.
Defenses to Anti-Kickback Charges
Every case requires a customized strategy.
Potential defenses may include:
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Lack of criminal intent
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Legitimate business arrangement
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Safe harbor compliance
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No connection to federal reimbursement
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Insufficient evidence of remuneration
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Misinterpretation of financial relationships
In some cases, early intervention may prevent indictment.
In others, a mitigation strategy may reduce exposure by:
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Presenting compliance efforts
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Demonstrating corrective action
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Negotiating restitution
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Avoiding program exclusion
The right strategy depends on the strength of the government's evidence.
Frequently Asked Questions
What is considered remuneration under the Anti-Kickback Statute?
Remuneration includes anything of value, not just cash payments.
Can a legitimate consulting agreement violate the statute?
Yes, if it disguises payment for referrals rather than legitimate services.
What are safe harbor protections?
Safe harbor regulations protect certain structured arrangements that meet strict legal criteria.
Can I lose my medical license?
Yes. Convictions or exclusions can trigger disciplinary action by medical boards.
Should I speak to federal investigators?
No. Always consult a federal defense attorney before making any statements.
Los Angeles Federal Anti-Kickback Defense Attorney
Allegations of healthcare fraud and kickbacks can destroy professional careers and reputations.
Hedding Law Firm represents healthcare professionals and business owners throughout:
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Los Angeles
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Southern California
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Federal courts nationwide
Our approach includes:
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Early investigation response
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Review of financial arrangements
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Compliance evaluation
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Strategic mitigation packages
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Aggressive courtroom defense when necessary
If you are under investigation or charged with violating the Federal Anti-Kickback Statute, contact our office immediately for a confidential consultation at 866-986-2092.
Early action can significantly influence the outcome of your case.
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