The federal “Anti-Kickback Statute,” found at 42 U.S.C. § 1320a prohibits the knowing and willful solicitation or receipt of any remuneration in return for referring an individual to another to receive goods or services that will be paid for by a federal health care program.
Mr. McKellar has been selected as a member of “America’s Top 100 Criminal Defense Attorneys” in 2019.
The Government must satisfy the following 4 elements to succeed in a prosecution under this statute:
1) existence of remuneration (which can include anything of value, such as cash, free goods or services, elimination of debt, or bartering);
2) the remuneration was offered, paid, solicited, or received;
3) the defendant acted knowingly and willfully; and
4) the defendant acted to induce federal program referrals or in exchange for them.
If found guilty under the Anti-Kickback Statute, a defendant can be imprisoned for up to 5 years and face a fine up to $25,000 for each count. Further, a defendant could be barred from participation in any federal health care programs such as Medicare, Medicaid, and Social Security.
Protect Your Rights And Freedom
The federal government takes allegations of accepting kickbacks and referrals seriously. It will prosecute an individual if it believes it has evidence of a federal crime.
If you’re facing prosecution or the threat of an investigation because of a referral you made to a patient for a particular medication, talk to the lawyers at our firm, McKellar, Easter & DeVore, Attorneys at Law. We have experience handling these types of federal cases and know how to defend your rights and freedom.
Contact McKellar, Easter & DeVore, Attorneys at Law, by calling 865-566-0125 or filling out this contact form to schedule a free initial telephone consultation with one of our lawyers. Appointments are available at any of our three offices: Knoxville, Tennessee; Nashville, Tennessee; and Atlanta, Georgia. We accept credit cards.