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Second Circuit Expands DOJ Power In Anti-Kickback Statute

By Robert J. Anello and Richard F. Albert and Emily Smit
March 01, 2025

In recent years, the Department of Justice has wielded the Anti-Kickback Statute (AKS) to exact steep penalties from corporate actors and individuals alike for the improper exchange of something of value to generate healthcare business funded by a federal program.

When coupled with the False Claims Act (FCA), the AKS turns into a potent civil enforcement tool that carries many of the same draconian penalties as criminal enforcement, achieved via a less demanding path.

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