United States v. Iqbal, No. 16-3065 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's convictions for three counts of soliciting or receiving an illegal kickback related to a federal health-care program and one count of making a false statement to federal agents. The court held that there was sufficient evidence to convict defendant of three charges under the anti-kickback statute. In this case, the district court identified one element of the charges as proof that defendant solicited or received a payment that was paid primarily in order to induce the referral of patients insured by Medicare or Medicaid. Then the district court found that the evidence showed, beyond a reasonable doubt, that defendant solicited kickbacks, represented that he could control the referrals, and actually received money for the few referrals that were made through his efforts. Finally, defendant's challenge to his false statement conviction failed.
Court Description: Colloton, Author, with Gruender and Kelly, Circuit Judges] Criminal case - Criminal law. The evidence was sufficient to support defendant's convictions under the Anti-Kickback Statute, 42 U.S.C. Sec. 1320a-7(b)(1)(A) and for making a false statement to federal investigators. Judge Kelly, concurring in part, and dissenting in part.
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