The OIG and the Courts have long taken the position that a person who pays an alleged kickback can be sent to prison if the government can prove that merely “one purpose” of the payment of the kickback is to induce the referral of business that is paid for, in whole or in part, by a federal healthcare program.  But what about the recipient of the kickback?  What must the government prove in order to convict the recipient of the kickback?  In a case of first impression, a federal circuit court’s answer to this question is nothing—the recipient’s intent is irrelevant. 

Join HortySpringer attorneys Dan Mulholland and Henry Casale to find out why the court ruled the way that it did and why this decision will make it even easier for the government to enforce this criminal statute that it was before the decision.