Anti-Kickback Defense Lawyer
Defending Clients Against Federal Healthcare Fraud Allegations
If you are a physician, healthcare provider, or medical business executive under investigation or indictment for violating the federal Anti-Kickback Statute, you need an experienced anti-kickback defense lawyer on your side. At Sosinsky Law, we represent clients in New York City and across the country in complex federal healthcare fraud cases, including those involving allegations of illegal kickbacks and referrals.
The federal government has dramatically ramped up its prosecution of Anti-Kickback Statute violations in recent years, often bundling these charges with broader healthcare fraud or conspiracy allegations. These cases can be career-ending and may result in severe penalties, including imprisonment, massive fines, and exclusion from federal healthcare programs like Medicare and Medicaid.
Sosinsky Law provides aggressive, strategic defense for those accused of Anti-Kickback Statute violations, fighting to protect your rights, reputation, and freedom.
What Is the Federal Anti-Kickback Statute?
The Anti-Kickback Statute (AKS) is a federal criminal law that prohibits anyone from knowingly and willfully offering, paying, soliciting, or receiving any form of remuneration in return for referrals or the generation of business involving federal healthcare programs, such as Medicare or Medicaid.
Under 42 U.S. Code § 1320a–7b(b), the statute makes it illegal to:
- Offer or pay anything of value to induce a referral for services or items reimbursable by a federal healthcare program
- Solicit or receive a kickback in exchange for referring patients or services
- Enter into any arrangement or scheme that provides financial incentives in exchange for healthcare-related referrals
Even if no money changes hands—or if the services are medically necessary—the mere intent to exchange something of value for referrals can result in criminal charges under this statute.
Why Anti-Kickback Charges Are So Serious
Being charged under the Anti-Kickback Statute is not a regulatory matter—it is a serious federal crime that carries the risk of:
- Up to 10 years in federal prison per offense
- Fines up to $100,000 per violation
- Mandatory exclusion from Medicare, Medicaid, and other government health programs
- Civil monetary penalties and False Claims Act liability
- Loss of professional licenses and privileges
Moreover, these charges are often added to other allegations like:
- Healthcare fraud (18 U.S. Code § 1347)
- Conspiracy to commit healthcare fraud (18 U.S. Code § 1349)
- Wire fraud or mail fraud
- False claims or improper billing
If you’re a physician or healthcare professional, your entire career may be on the line. That’s why it’s critical to work with a defense lawyer who understands how to combat these charges in federal court.
How Anti-Kickback Cases Commonly Arise
Anti-kickback allegations often stem from broader investigations into healthcare fraud or improper billing practices. The federal government, through agencies like the Department of Justice (DOJ), Health and Human Services Office of Inspector General (HHS-OIG), and Federal Bureau of Investigation (FBI), actively investigates:
- Medical marketing arrangements involving financial incentives for referrals
- Physician-owned distributorships (PODs) or laboratory ownership stakes
- Free samples, speaking fees, or consulting payments perceived as inducements
- Referral relationships between physicians and home health agencies, labs, imaging centers, or pharmacies
- Telemedicine fraud involving payment for referrals or patient recruitment
Even legitimate business relationships can come under scrutiny. Prosecutors may argue that a normal transaction was actually an illegal kickback, even if both parties believed it complied with the law.
Common Defendants in Anti-Kickback Prosecutions
Over the years, Sosinsky Law has seen an increase in anti-kickback charges against a wide range of healthcare professionals, including:
- Physicians and surgeons
- Nurse practitioners and physician assistants
- Chiropractors and physical therapists
- Clinical laboratory owners
- Durable medical equipment (DME) suppliers
- Pharmacy owners
- Marketing companies and healthcare recruiters
- Executives at hospitals or healthcare management companies
Because the statute is broad and complex, even well-meaning professionals can find themselves facing federal prosecution for activities they believed were legal or routine.
Why Sosinsky Law Is the Right Choice for Your Defense
When you’re facing the possibility of a federal indictment, prison time, and the loss of your medical career, you need more than just a healthcare lawyer—you need a seasoned federal criminal defense attorney who knows how to fight in federal court. At Sosinsky Law, we offer:
- Over 25 years of federal criminal defense experience in New York and nationwide
- A proven track record of representing physicians and healthcare professionals in high-stakes cases
- In-depth knowledge of healthcare law, regulatory compliance, and federal investigative tactics
- Strategic defense focused on getting charges dismissed or reduced before trial
- Trial-readiness if your case must go to court
We understand the complex interplay between federal law, medical ethics, and your professional obligations—and we use that knowledge to aggressively challenge the government’s case.
Strategic Defense Against Anti-Kickback Charges
A successful defense against Anti-Kickback Statute allegations requires a deep understanding of both the law and the facts of your case. At Sosinsky Law, we will:
Conduct a Comprehensive Case Review
We begin with a detailed analysis of the evidence against you, including emails, contracts, billing data, financial transactions, and witness statements. We’ll identify weak points in the prosecution’s case and prepare a targeted defense strategy.
Challenge the Government’s Evidence of “Intent”
The Anti-Kickback Statute requires proof that you knowingly and willfully violated the law. If we can show you lacked criminal intent—or that the arrangement was in compliance with a safe harbor provision—the charges may not stand.
Invoke Safe Harbor Defenses
There are specific regulatory safe harbors that protect certain payment and referral arrangements, including:
- Bona fide employment relationships
- Personal services and management contracts
- Office space and equipment rentals
- Group purchasing organizations
- Independent contractor arrangements
We assess whether your arrangement falls under one of these protections, which could be a key factor in your defense.
File Motions to Suppress Evidence or Dismiss Charges
If federal investigators violated your rights—such as through illegal searches, wiretaps, or subpoenas—we may be able to exclude that evidence from trial or move to have your charges dismissed entirely.
Negotiate with Prosecutors When Appropriate
In some cases, it may be in your best interest to negotiate a favorable resolution. Our firm has a strong track record of negotiating non-prosecution agreements, civil settlements, or reduced charges that avoid jail time or preserve your medical license.
Don’t Wait Until You’re Charged — Call Sosinsky Law Today
If you’re being investigated or have already been charged under the Anti-Kickback Statute, time is not on your side. Early intervention by a skilled federal criminal defense lawyer can make all the difference.
At Sosinsky Law, we are committed to protecting our clients with discretion, integrity, and tenacity. Whether you are a physician accused of receiving kickbacks, or a business executive caught up in a federal probe, we can provide the experienced legal counsel you need to navigate the complex legal system and fight for your future.
Frequently Asked Questions About Anti-Kickback Defense
What is the penalty for violating the Anti-Kickback Statute?
A violation of the Anti-Kickback Statute can lead to up to 10 years in federal prison, $100,000 in fines per offense, and exclusion from Medicare and Medicaid programs. Civil penalties and False Claims Act liability may also apply, potentially resulting in major financial losses and damage to your professional reputation. These charges can also trigger the loss of medical licenses or board certifications.
Can I be charged even if I didn’t receive money?
Yes. The law criminalizes not just the receipt of payment but also the offer, solicitation, or agreement to exchange anything of value for referrals. That could include gifts, free services, or other financial perks. Prosecutors only need to show there was intent to induce or be induced—actual payment isn’t required.
What’s the difference between the Anti-Kickback Statute and the Stark Law?
The Stark Law is a civil statute focused on physician self-referrals and doesn’t require proof of intent. The Anti-Kickback Statute is criminal and targets any kind of improper remuneration in exchange for referrals. Violations of the Anti-Kickback Statute carry much harsher penalties, including prison time.
What should I do if I receive a target letter or subpoena?
Receiving a target letter or subpoena means you may be involved in a federal investigation. Do not speak to agents or prosecutors without legal representation. Contact Sosinsky Law right away to protect your rights and develop a legal strategy before charges are filed.
Contact a Trusted Anti-Kickback Defense Lawyer in NYC
If you’re facing Anti-Kickback allegations, don’t go it alone. Sosinsky Law is here to help you understand your rights, evaluate your options, and mount a powerful legal defense. These are serious federal crimes with life-changing consequences—but with the right legal representation, you can protect your reputation and your livelihood.
Call Sosinsky Law today for a confidential consultation. Don’t wait until federal agents come knocking—take action now.