Miami Kickbacks Defense Lawyer

The Federal Anti-Kickback Statute (42 U.S.C. §1320a-7b) is a crucial piece of legislation aimed at preventing fraud and abuse within federal healthcare programs. Specifically, this statute prohibits the exchange or offer of anything of value to induce or reward referrals for services or items reimbursable by federal healthcare programs such as Medicare and Medicaid. Kickbacks can take many forms, including cash, gifts, or discounts, and can involve a wide range of participants including doctors, hospitals, and pharmaceutical companies.

The AKS is a lengthy and highly technical statute, with severe consequences for persons found guilty of violating its provisions. The Baez Law Firm, located here in Miami just minutes from the Florida state and federal courthouses, can help you understand your rights and options and represent you strategically and vigorously for an effective result. Contact our Miami kickbacks defense lawyers today to protect your rights and chart a path toward a successful resolution of the charges against you.

Possible Penalties for Violating the Anti-Kickback Statute

Convictions under the Anti-Kickback Statute carry severe penalties. Violations are classified as felonies and can result in:

• Fines of up to $100,000 per violation
• Imprisonment for up to 10 years
• Exclusion from participation in federal healthcare programs
• Civil monetary penalties up to three times the amount of the kickback

These penalties reflect the serious nature of these offenses and the government’s commitment to maintaining integrity within the healthcare system.

How The Baez Law Firm Can Help

At The Baez Law Firm, we understand the complexities and high stakes involved in defending against allegations under the Anti-Kickback Statute. Our experienced legal team is well-versed in healthcare fraud defense and equipped with the resources and expertise necessary to mount a robust defense.

Our approach to defending against kickback allegations includes a thorough investigation of the facts and meticulous preparation of the case. We leverage our access to top experts in healthcare law and financial forensics to challenge the prosecution’s evidence and provide alternative explanations for the alleged conduct.

Several defenses may be available to individuals accused of violating the Anti-Kickback Statute, including, for example:

• Lack of Intent: Demonstrating that the accused did not have the requisite intent to induce referrals can be crucial, as the statute requires proof of willful conduct.
• Safe Harbor: Certain business practices are exempt under the statute’s safe harbor provisions. We meticulously analyze the specific circumstances of each case to determine if any safe harbor protections apply.
• Statutory and Constitutional Challenges: We may challenge the application of the statute on various legal grounds, including vagueness or overbreadth, to seek dismissal of charges.

In some cases, negotiating a favorable plea agreement may be the best course of action. In addition to our strong courtroom record, our attorneys have extensive experience in negotiating with prosecutors to reduce charges or penalties, aiming to achieve the best possible outcome for our clients. We work tirelessly to explore every option, including pretrial diversion programs, to avoid the harshest consequences of a conviction.

Why Choose The Baez Law Firm?

The Baez Law Firm stands out for its dedication, passion, and proven track record in high-stakes legal battles. Our commitment to going the extra mile means we leave no stone unturned in defending our clients. We understand the devastating impact that criminal allegations can have on healthcare professionals and organizations, and we are dedicated to providing the aggressive and effective representation needed to protect our clients’ rights and livelihoods.

Contact The Baez Law Firm Today

If you or your organization is facing allegations under the Federal Anti-Kickback Statute, it is imperative to seek experienced legal counsel immediately. Contact The Baez Law Firm for a free consultation by calling 800-588-BAEZ or completing our online form. Let our knowledgeable and dedicated team fight for you and help navigate the complexities of your case to achieve the best possible outcome. Our attorneys and staff speak both English and Spanish and can assist you in your language of choice.