Paul D. Werner Quoted in Law360 on the Anti-Kickback Statute’s 50-year History

Since its passage in 1982, the Anti-Kickback Statute’s 50-year history is, as reported by Law360 reporter Jeff Overley, “distinguished by recurring themes, including cycles of industry-led legal challenges and circuit court setbacks that are once again jeopardizing the law’s double-prong powers, which threaten prison time as well as staggering civil remedies under the False Claims Act.”

Noting that “After decades of enforcement, Anti-Kickback Statute cases are only becoming more common, and AKS theories are only becoming more diverse,” Law360 sought comment from Buttaci Leardi & Werner Member Paul D. Werner, who serves as defense counsel on matters of complex insurance fraud and False Claims Act investigations. 

Werner told Law360, “Cases that hinge on the medical necessity of the services are not necessarily the most common type of False Claims Act case — a lot of them lately are AKS-based.”

Read the May 10 article, which is the final installment in Law360‘s series about the past, present and future of the Anti-Kickback Statute, here:  FCA Chases ‘Shrewder’ Kickbacks As 50-Year Hunt Intensifies (subscription may be required).

  • Posted on: May 12 2023