These cases are increasingly prosecuted within the healthcare sector, with numerous physicians and doctors facing both civil and criminal charges. The financial implications are staggering, with civil fines reaching thousands of dollars. However, the situation escalates when criminal prosecutors intervene, potentially leading to federal criminal custody time served 85% of the time.
This really has to do with abusing government health care programs. In other words, programs like Medicare, for example, allow patients and doctors to receive money from the federal government.
However, if you abuse that and now offer kickbacks to people related to those programs, that's where the feds will swoop in. Not only are you facing penalties in a criminal court, but you're also facing penalties. The federal Anti-Kickback Statute is defined under 42 U.S.C. § 1320a-7b.
Violating the Anti-Kickback Statute can result in severe consequences, including the loss of your medical license and the ability to participate in federal health benefit programs like Medicare and Medicaid.
A lot of people will try to use what they call a safe harbor, where certain arrangements are lawful under the Anti-Kickback Statute. However, the feds are obviously looking past these safe harbors and attempting to crack down on people who are basically kicking back money tied to a federal program.
These kickbacks can take any form. It doesn't have to just be money. It can be anything of value, which is a very broad definition.
The bottom line is, if you're in the health profession in any way and you're kicking back any money and the government finds out about it, investigates you, takes your files, and starts taking statements from people, you've got a real problem.
Retain a Federal Criminal Lawyer
You should get to an attorney right away. I wouldn't wait because waiting will give them a chance to sink their teeth into the case against you, and you may even do or say something that incriminates you.
With an attorney by your side, the attorney can act as your buffer between the federal agents and even the federal prosecutor and you. So, instead of you answering questions, your attorney will be the one talking to them, answering questions, and obviously doing the best they can not to say or do anything that puts you in any further situations.
If you're a physician or any type of healthcare provider looking at losing your license, your ability to work, or your freedom, you definitely want to get an attorney on the case right away.
So, if you're being investigated or you've already been charged with a violation of the anti-kickback statute, pick up the phone now, and we can start to talk about what can be done proactively to protect your rights, freedom, reputation, license, and everything that's important to you.
Sometimes, there are innocent violations of this anti-kickback statute. Still, you want to make sure you sit down with a trained professional who's handled these types of cases before and make the right decision right from the beginning.
Hedding Law Firm is a federal criminal law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Call (213) 542-0994 for a free case evaluation.
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