December 15, 2020

Eleventh Circuit Holds that the Government Need Not Prove a Payee’s Motivation for Accepting a Payment Under the Anti-Kickback Statute

By Scott R. Grubman, Esq., Chilivis Grubman Dalbey & Warner LLP, Atlanta GA

In United States v. Shah,1 a case involving the federal Anti-Kickback Statute (AKS),2 the defendant attempted to convince the Eleventh Circuit Court of Appeals to get rid of the defense-dreaded and government-friendly “one purpose” rule. The court did so, but appears to have replaced it with an even less defense-friendly “no purpose” rule, at least for AKS payees.

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