llegal Kickbacks Fraud Defense Lawyers and Anti-kickback Attorneys
Stark Law Anti-Kickback Fraud Attorneys, Bribes, and Health Care and Government Contract Defense Lawyers
Engaging in illegal kickbacks or bribes related to government contracts or healthcare can lead to severe civil and criminal consequences under the federal and state Anti-Kickback regulations. Stark law submissions to the federal government that involve kickbacks contravening these laws are deemed false claims as per the Federal False Claims Act (FCA). Watson & Associates, LLC anti-kickback attorneys represent government contractors and health care firms charged or indicted for illegal kickbacks.
Through these regulations, Congress emphasizes that manipulating business dealings via kickbacks for government contracts undermines the federal procurement mechanism and is strictly prohibited. The False Claims Act is a legal tool to combat such fraudulent actions by government contractors or healthcare professionals.
WE HELP TO FIGHT UNSUPPORTED GOVERNMENT ALLEGATIONS – CALL OUR ANTI-KICKBACK LAWYERS TODAY AT 1.866.601.5518
False Claims Act 31 USC 3729-3733
The Civil False Claims Act protects the Government from being overcharged for medical services or government contracts for goods or services. It is illegal to submit claims for payment to Medicare or Medicaid that are false or fraudulent. Filing false claims under. 31 USC 3729-3733 can result in civil fines of up to three times the amount of the program’s loss plus $11,000 per claim filed. When a claim results from a kickback under Start law you can be subjected to civil and. criminal liability.
Defendants in a criminal case can also be subject to criminal penalties under 18 USC 287. Criminal penalties for submitting false claims include jail time and criminal fines. Physicians can find themselves facing criminal exposure for false health care claims.
What are Kickbacks?
Are Kickbacks Illegal? Under Stark law, In legal terms, a “kickback” encompasses any form of monetary or non-monetary compensation, such as money, gifts, favors, or any item of tangible value, given directly or indirectly to prime contractors, subcontractors, or employees or even government employees. Under Stark law, kickbacks are illegal if done to gain undue advantage or favoritism with a prime contract or its associated subcontracts. Examples include meals, monetary gifts, event tickets, or even invitations to sporting or recreational events.
Illegal bribes: Bribing present or past government officials is equally frowned upon. Presenting or promising any form of value to such government officials, aiming for preferential treatment on a government contract, is unethical and holds legal ramifications under the FCA. Bribes are diverse in nature, spanning from tangible gifts to services, travel facilities, accommodations, and even advanced payments or subsequent reimbursements.
What Legal Intent is Needed to Prove Intent for Anti-Kickback False Claims Cases?
To prove Stark Law intent when asking for referrals or to purchase, lease, order, arrange, or recommend any good, facility, or service, an illegal intent with remuneration must occur in order to violate the statute when a federal healthcare program could pay for it.
- Under the Patient Protection and Affordable Care Act (PPACA), federal prosecutors are not required to show that you knew the behavior was illegal. (United States v. Mathur, 2012 WL 4742833 (D. Nev. 2012)).
- You do not need actual knowledge of the Anti-Kickback Statute, nor have a specific intent, in order to commit a violation of stark law. (42 U.S.C. 1320a-7b(h)). The statute lowers the standard making it easier for the government to prove illegal intent. Judges or juries will determine if the intent is clear. (U.S. v. Bradford Regional Medical Center, Civil No. 04-186 Erie, 2013 U.S. Dist. LEXIS 141835 (W.D. Penn. Sept. 30, 2013)).
Stark Law Penalties
The Stark Law (42 U.S.C. § 1395nn) focuses on patient referrals. It forbids a physician self-referral. A physician can’t obtain personal or financial gain from referring a Medicare or Medicaid patient to a specific healthcare entity.
Criminal penalties and administrative sanctions for Stark Law Violations for violating Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)) include huge fines, jail terms, and suspension and debarment from participation in the Federal health care programs. In addition, Physicians who pay or accept kickbacks also face penalties of up to $50,000 per kickback plus three times the amount of the remuneration.
If you are facing criminal charges or under a DOJ or OIG investigation for Stark Law violations, our defense attorneys are here to help. At Watson & Associates, LLC, our team of DOJ and OIG OIG stark law attorneys and anti-kickback attorneys specialize in whistleblower and qui tam defense cases. If you are investigated for kickbacks, bribes, and health care illegal bribes, call our government contractor anti kickbacks defense lawyers at 1.866.601.5518.
Why Choose Watson & Associates, LLC for Government Contractor Federal Criminal Defense Cases?
Theodore P. Watson, Esquire. Practice Group Lead. At Watson & Associates, with law offices in Colorado and Washington, DC, our top rated federal criminal defense attorneys have experience actually working for federal government contracting agencies. We understand the nuts and bolts of the investigation and how the DOJ or even the SBA OIG develops a civil or criminal case against you.
A crucial aspect of our practice lies in the fact that many of our federal defense stark violation attorneys possess extensive experience as government contracting officials. As anti-kickback violation defense lawyers, we also understand how trial lawyers in federal agencies like the DOJ and the U.S. Attorney’s Office operate. Drawing on those valuable insights, our job is to deconstruct the government’s case and develop a legal defense that can create leverage in the event of litigation.
Walter H. Foster, Of Counsel, is a seasoned attorney and former Army colonel with deep experience orchestrating teams, imparting clarity and counsel, and executing on behalf of both private enterprise and the federal government. From managing technical construction in Iraq to prosecuting terrorists for the Pentagon, Walter brings mission focus to every challenge.
Moving to the Pentagon as Lead Trial Counsel, Walter was tapped to spearhead the high-profile prosecution of an Al Qaeda operative who had been detained at Guantanamo Bay. Walter established and managed a busy practice in Tampa, working the entire case lifecycle for 3,000 bench trials and 80 jury trials over nine years. While focusing largely on criminal defense, civil litigation.
Wise D. Allen, Esquire , Counsel is a former Veteran Lieutenant Commander Judge Advocate for the United States Military. He also has extensive knowledge of Stark laws and anti kickback rules and experience in resolving corporate defense and litigation in vast international and national legal issues.
As an anti-kickback fraud attorney, he brings a wealth of successful experience to government contractors seeking defense counsel in the various areas of procurement fraud, Anti Corruption law, illegal kickbacks, international contracting, False Claims Act defense, BAA and TAA compliance and more.
Mr. Allen’s federal litigation experience as a former appellate attorney representing the United States and federal attorney for defendants in trials that led to his clients receiving overwhelming favorable outcomes in contested issues and obtaining non-contested resolutions. Read more..
Hire Top Government Contracts and OIG Stark Law Attorneys and Healthcare Fraud Kickback Lawyers
Healthcare stark violation attorneys: Receiving kickbacks and money for awarding a government contract in violation of the Anti-kickback in the bidding process can become a serious nightmare. Watson & Associates, LLC offers government contractor fraud and Stark Law illegal kickbacks defense lawyers who work with local counsel to defend in government investigations and criminal cases aggressively.
Call Watson & Associates’ anti-kickback attorney today for immediate help and a confidential, free initial consultation at 1.866.601.5518. Speak to Theodore Watson.