Legal Blog
Willfulness: Often-Overlooked in Healthcare Fraud and Kickback Cases
When it comes to healthcare fraud and kickback cases, I believe many attorneys – both prosecutors and defense attorneys – overlook one important element – “willfulness.” There are four main federal criminal statutes covering healthcare fraud (18 U.S.C. 1347, the Anti-Kickback Statute, false statements, and obstruction). All of them require the government to prove beyond a reasonable doubt that the defendant acted “willfully.”