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June 2015 Archives

More on the Anti-Kickback Statute

In a recent post, we mentioned the Anti-Kickback Statute as being one of the federal statutes under which physicians and other health care providers can face penalties for fraudulently billing. As we mentioned, the Anti-Kickback Statute is one of the federal statutes that provides for the possibility of criminal penalties. To be charged under the statute, though, the defendant must have had the requisite intent. The defendant, specifically, must have knowingly submitted a false health care claim.

Federal law and health care fraud charges, P.2

We’ve been discussing the issue of fraud in our last several posts, particularly the issue of intent in health care fraud cases. We left off discussing the Anti-Kickback Statute, and noted that when prosecutors are not able to provide sufficient evidence to satisfy the intent requirement under the statute, they are not able to obtain a fraud conviction.

Federal law and health care fraud charges

In our last post, we spoke a bit about proving fraudulent intent in criminal cases and the importance of working with an experienced criminal defense attorney to make sure that prosecutors are doing their job when it comes meeting their burden of proof. This, of course, is true not only of proving criminal intent, but with all the elements of any criminal charge. Without providing reliable evidence supporting each and every element of a criminal charge, a defendant cannot rightly be convicted.

Issue of fraudulent intent an important one in criminal defense, P.2

In our last post, we wrote about a Florida ambulance company’s refusal to participate in a settlement involving fraud charges on the grounds that the company denied fraudulent intent in submitting inappropriate claims to Medicare. While the settlement involved civil fraud charges, it is worth pointing out that the issue of fraudulent intent is an important one in criminal fraud cases.

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