Anti-Kickback Violations

The most current iteration of the Federal False Claims Act states that a claim for payment submitted to the government that is tainted by a kickback, is a per se violation of the law. If a provider of goods or services to the government pays or receives anything of more than nominal value to increase or gain government business, then we have an illegal kickback. Through a qui tam action, attorney James T. Ratner can help the government recover those lost funds, and see you are rewarded monetarily for your efforts.

Kickbacks as Unlawful Inducement-You can't pay to play

Kickbacks have always been a common but nefarious practice. The False Claims Act has been strengthened to prohibit these inducements which cause overutilization of precious public resources. Some examples are:

  • Payments disguised as sham consulting agreements
  • All-expenses-paid weekend excursions
  • New computers, tablets, or other goods
  • Providing free or discounted rent or services to induce the referral of government business

Common examples prosecuted by DOJ thus far include money or 'freebies' given to physicians for writing prescriptions for certain drugs, or to pharmacies for substituting drugs other than those that the doctor prescribed. Even if the drugs or medical equipment were actually needed by the patient, a False Claims Act violation occurs because the doctor or pharmacy cannot receive a kickback for prescribing that particular product.

Although kickbacks have been rampant in the healthcare industry, they can also be found in other industries where the government is the payor.

If you have knowledge that a government contractor is paying or receiving kickbacks, please contact James T. Ratner or call (845) 688-5222 today to talk about your case.

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