Anti-Kickback Statute (AKS)

Understanding the Federal Anti-Kickback Statute (AKS) in Criminal Defense

What Is the Anti-Kickback Statute (AKS)?

The Anti-Kickback Statute (AKS) is a federal law designed to prevent fraud and abuse in federally funded healthcare programs, including Medicare and Medicaid. Found under 42 U.S.C. § 1320a-7b, the statute criminalizes knowingly and willfully offering, paying, soliciting, or receiving any form of remuneration to induce or reward referrals for services or items covered by federal healthcare programs.

Key Elements of an AKS Violation

To prove a violation of the Anti-Kickback Statute, the government must establish:

1. Knowing and Willful Conduct – The defendant must have knowingly and intentionally engaged in the prohibited conduct.
2. Remuneration – Any form of payment, including cash, gifts, rebates, discounts, or other financial incentives.
3. Inducement for Referrals – The remuneration must be intended to induce referrals or generate business reimbursable by federal healthcare programs.
4. Involvement of a Federal Healthcare Program – The referral or service must involve a program such as Medicare, Medicaid, or TRICARE.

Criminal Penalties and Consequences

Violations of the Anti-Kickback Statute carry severe criminal and civil penalties, including:

• Criminal Penalties: Up to 10 years in federal prison per offense and fines of up to $100,000.
• Civil Penalties: Exclusion from federal healthcare programs, False Claims Act liability, and potential treble damages.
• Asset Forfeiture: The government may seize illicitly obtained assets connected to the scheme.

Common Defenses in AKS Cases

A skilled federal criminal defense attorney can challenge AKS charges by arguing:

• Lack of Intent: The defendant did not knowingly or willfully engage in wrongdoing.
• Safe Harbors: Certain transactions are protected under regulatory safe harbors issued by the Department of Health and Human Services (HHS) and the Office of Inspector General (OIG).
• Absence of Remuneration: There was no improper exchange of value.
• Statutory Exceptions: Some payment arrangements, such as bona fide employment relationships, do not constitute AKS violations.

Why You Need an Experienced AKS Defense Attorney

Federal prosecutors aggressively pursue AKS violations, often linking them to broader healthcare fraud investigations. If you are under investigation or facing charges, securing an experienced federal criminal defense attorney is critical. With extensive experience in complex financial crimes, fraud, and federal healthcare laws, Robert Almonte provides strategic defense tailored to your case.

Contact a Federal Criminal Defense Lawyer Today

If you or your business is being investigated for an Anti-Kickback Statute violation, do not wait. Contact us today for a confidential consultation to protect your rights and build a strong defense against federal charges.