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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law : Anti-Kickback Statute – False Statement

Criminal Law : Anti-Kickback Statute – False Statement

Where defendant was convicted of federal charges of soliciting or receiving illegal kickbacks and making a false statement to federal agents when he referred patients to a home-health service that was receiving Medicaid and Medicare reimbursements in return for a share of the profits, and the judgment is affirmed because there was sufficient evidence to convict defendant under the anti-kickback statute.

 

Sufficiency of evidence

Concurring in part and dissenting in part, Kelly, J. “I would conclude that insufficient evidence supports [defendant’s] convictions for receiving kickbacks as charged …. because the government failed to establish that he exercised decision-making control over … referrals.”

Judgment is affirmed.

U.S. v. Iqbal (MLW No. 70948/Case No. 16-3065 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from the U.S. District Court, Eastern District of Missouri, Perry, J. (Eric Erfan Vickers, of St. Louis, for appellant) (Gilbert Chester Sison, AUSA, of St. Louis, for appellee).

Read the full text of this opinion. (PDF)