News & Analysis as of August 12, 2025

Litigation Strategies

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The Anti-Kickback Statute is a United States federal criminal statute that prohibits the exchange (or the promise to exchange) of anything of value for referrals of federal healthcare program business. The statute aims to prevent situations where government officials channel federal healthcare dollars towards particular providers, who have offered or given the official a personal benefit. Penalties for violation of the Anti-Kickback statute apply to both sides of a prohibited transaction and can include jail time and steep monetary fines. less -

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Anti-Kickback Statute › Causation › Litigation Strategies

First Circuit Requires But-for Causation for AKS-Based FCA Liability, Bolsters Majority View

First Circuit Reins In Broad Theory of Liability Under AntiKickback Statute by Adopting “But-For Causation” Standard

First Circuit Joins Other Circuits in Adopting Stricter Causation Standard in FCA Cases Based on Anti-Kickback Statute

First Circuit Adopts Defense-Friendly “But-For” Causation Standard for AKS-Predicated FCA Claims

First Circuit upholds but-for causation standard for False Claims Act cases premised on Anti-Kickback Statute violations

Anti-Kickback Statute › Causation › Litigation Strategies

First Circuit Requires But-for Causation for AKS-Based FCA Liability, Bolsters Majority View

First Circuit Reins In Broad Theory of Liability Under AntiKickback Statute by Adopting “But-For Causation” Standard

First Circuit Joins Other Circuits in Adopting Stricter Causation Standard in FCA Cases Based on Anti-Kickback Statute

First Circuit Adopts Defense-Friendly “But-For” Causation Standard for AKS-Predicated FCA Claims

First Circuit upholds but-for causation standard for False Claims Act cases premised on Anti-Kickback Statute violations

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