What are Kickbacks?
A kickback occurs when a commission is paid in exchange for services rendered. Federal law prohibits kickbacks in government contracts and the federal healthcare programs.
Kickbacks for Government Contracts
Under federal law kickbacks involving government officials or public funds provided by the government are illegal. According to federal statute, kickbacks refer to any compensation of any kind (i.e. monetary or thing of value) provided to a prime contractor, sub-contractor, or employee thereof, in order to obtain or reward favorable treatment in connection with a prime or sub-contract, relating to a contract or contractual action entered into by the federal government.
What is the Anti-Kickback Statute?
This statute is designed to protect patients and federal health care programs from fraud and abuse. It inhibits the use of money to influence health care decisions. Anyone who knowingly and willfully accepts or offers payment of any sort and in any manner intended to influence the referral of Medicare and Medicaid services can be charged with a felony.
Penalties for receiving or paying a kickback:
Fines up to $25,000 per violation and/or up to 10 years.
Charged With a Crime Involving Kickbacks?
If you or your company has been accused of receiving or paying kickbacks, a South Carolina Criminal Defense Attorney at the Strom Law Firm, LLC can help. With long standing experience with both state and federal cases, we know what it takes to aggressively defend you. Call a South Carolina Criminal Defense Attorney at the Strom Law Firm today for a free consultation. 803.252.4800.