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Healthcare Anti-Kickback Violations WHAT IS THE ANTI-KICKBACK STATUTE? The federal Anti-Kickback Statute (AKS) (See 42 U.S.C. § 1320a-7b .) is a criminal law that prohibits people from exchanging things of value, in order to get referrals of business that will be paid for by federal health care programs. Major federal healthcare programs include Medicare, Medicaid, and the Veteran’s Health Administration. Anti-kickback includes receiving financial incentives for referrals, free or excessively cheap rent for office space, or excessive compensation for medical directorships. Another example of a kickback includes waiving copayments. According to the Center for Medicare and Medicaid Services, illegal kickbacks have resulted in higher medical costs, overutilization of medical services, and corruption of medical decision-making. Anti-kickback laws are intended to protect the public from medical decisions that are made based on money instead of health reasons. If you are facing an alleged violation of anti-kickback laws, then it is important to speak to an experienced hea lthcare fraud attorney as soon as possible. WHAT ARE THE CONSEQUENCES OF ANTI-KICKBACK VIOLATIONS? If you are alleged to have violated federal anti-kickback laws, then you face the potential of both a criminal and civil claim. If you are criminally charged, then you face the potential of up to five years in federal prison, along with fines of up to $50,000 per offense. Further, a conviction will result in you being excluded from doing any future business with a federal health care program. The Office of Inspector General is required by law under the Exclusion Statute (See 4 2 USC § 1320a -7 ) to exclude anyone convicted of specific health care fraud crimes from doing any future participation in any federal health care programs. Federal anti-kickback laws apply to any referral source, the referral does not have to come from a physician for a criminal charge to be filed. A referral under the anti-kickback law is “any item or service for which payment may be made in whole or in part under a federal health care program.” This means that anyone who is shown to purposely send a medical provider clients with the expectation of payment that involves a federal healthcare program can result in federal anti-kick back criminal charges. HOW CAN ANTI-KICKBACK APPLY TO HEALTHCARE FRAUD CASES? If it can be shown that there was a willful payment to someone to induce or reward medical patient referrals involving a federal healthcare program, then anti-kickback charges can be part of a larger federal healthcare fraud case. In other industries, referral fees are permitted and even encouraged. In federal health care, paid referrals are against the law. Other related healthcare fraud activities include billing for services not rendered, administering medically unnecessary treatment, and falsifying diagnoses. Violations of the federal anti-kickback statute can result in a civil claim under the False Claims Act (See 31 USC §§ 3729-3733 ). The False Claims Act is a law that protects the federal government from being falsely billed or sold inferior goods or services. The civil penalty for a False Claims Act violation can be up to three times the value of the loss suffered by the federal government plus $11,000 per claim filed. A violation does not require actual knowledge, and an individual can be convicted for deliberate ignorance or having a total disregard for the truth of relevant information. Another related federal healthcare fraud statute is the Physician Self-Referral law (See 42 USC § 1395nn ). This law, also known as the Stark Law, outlaws physicians from referring patients to medical providers with whom the physician or an immediate family has a financial relationship. This only applies to designated health services that are payable by Medicare or Medicaid. There are exceptions that exist to allow self-referrals. HOW DOES THIS AFFECT ME? Hopefully, none of this affects you. But if you are currently being investigated for an alleged anti-kickback violation, or have already been charged, then this can affect you directly. Investigation and enforcement related to different variations of healthcare fraud are a high priority for federal prosecutors across the country. If you need legal help, then be sure to speak to an experienced attorney right away. FREE AND CONFIDENTIAL CONSULTATION At Bajoka Law we are proud to offer consultations that are both FREE and CONFIDENTIAL. We realize that anti-kickback cases require the proper discretion, and we will treat your situation with the utmost care and caution. It’s time you started to retake control of your life. Feel free to contact us anytime at 1-844-4BAJOKA (1-844-422-5652). You can also contact us online he re . We have three statewide offices to service you in Detroit, Lansing, and Warren MI. Your freedom could be a phone call away, but it is up to you to make that call. Our attorneys at Bajoka Law are available now to take your call and your case.

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Pandemic Fraud Convictions Mount Across United States FEDERAL PANDEMIC RELIEF PROGRAMS The COVID-19 pandemic led to an economic crisis that was felt strongly by most Americans. In an effort to help keep the economy afloat during the early stages of the pandemic, Congress authorized various forms of financial assistance that went directly to people and businesses across the country. In addition to stimulus payments that many Americans received, Congress authorized money for small businesses to help pay for expenses such as rent, payroll, and other overhead. The main source of financial assistance is found within the CARES Act (Coronavirus Aid, Relief, and Economic Security Act. Nearly $3 trillion dollars was set aside for individuals and small businesses in the form of forgivable loans through the Small Business Administration (SBA). The Paycheck Protection Program (PPP) within the CARES Act served to cover payroll expenses while other expenses could be covered through the Economic Injury Disaster Loan (EDIL) or the Unemployment Insurance (UI) programs. Unfortunately, many people saw these federal funds as an opportunity to defraud the government into giving out free money for nonexistent businesses and expenses. Many individuals have faced federal prosecution for defrauding the government through the submission of fake payroll statements, fake business documents, and other forms of dishonest behavior. If you are facing prosecution for allegedly defrauding a federal pandemic relief fund, then it is important to get in touch with an experienced federal criminal defense attorney immediately, as both the Department of Justice (DOJ) and federal judges are in favor of harsh sentences for individuals that are convicted. EXAMPLES OF HARSH PRISON SENTENCES FOR PANDEMIC FRAUD CONVICTIONS Federal prosecutors across the country are asking federal judges for harsh prison sentences for defrauding the CARES Act, and many federal judges are imposing them. Two examples of cases that resulted in harsh prison sentences include: A man from Texas was convicted of several forms of white-collar crime including wire fraud and money laundering for his actions defrauding the CARES Act through the submission of fraudulent PPP loan applications. He admitted to submitting applications to two different lenders for three non-existent businesses. In these applications, he made untrue statements about his employee and payroll expenses and even submitted false tax returns to obtain relief money. He allegedly received $1.6 million through his efforts, which led to a nine-year prison sentence by a federal judge. A California family of three was convicted of conspiracy to commit bank fraud, conspiracy to commit wire fraud, conspiracy to commit money laundering, several counts of wire fraud, and several counts of bank fraud for their actions in defrauding the PPP and EIDL program. Two of the family members were also convicted of aggravated identity theft. The family allegedly received more than $20 million for their efforts, which led to each member being sentenced to up to 17 years in federal prison by a federal judge. These are just two examples of many that involve harsh sentencing by federal judges for cases that involve defrauding the CARES Act. There are many other examples just like this with the increased focus and attention that the Department of Justice and Federal Bureau of Investigation (FBI) are putting into investigating and prosecuting these cases. It is expected that these cases will continue to be investigated and prosecuted for the foreseeable future. FEDERAL FOCUS ON PANDEMIC FRAUD ENFORCEMENT The FBI and federal prosecutors have directed many resources towards the investigation and prosecution of those who they suspect of defrauding and federal pandemic relief programs. It is important to understand that federal judges are not viewing these cases in the same lens as most typical federal fraud or other white-collar crime cases. Judges are taking an increasingly harsh stance against those who are accused of violating the trust of the U.S. government during the pandemic and defrauding a pandemic financial relief fund. Make sure you have the legal help you need so you don’t face unnecessary prosecution and punishment. If you are being investigated or have already been charged with an offense related to defrauding the CARES Act, then call us at Bajoka Law so we can help!

Federal Criminal Charges Alleging a “Crime of Violence” ORIGINAL CASE DETAILS In 2003, Justin Taylor was a marijuana dealer, and with a co-conspirator, set up a drug deal where they planned to rob Taylor’s customer, another marijuana dealer named Martin Sylvester. During the attempted robbery, Sylvester suffered a fatal gunshot wound when a semiautomatic pistol discharged that was brought by Taylor’s co-conspirator. Taylor and his co-conspirator then fled the scene, never taking any of Sylvester’s money. Taylor was then charged with seven federal felonies that included Conspiracy to commit a Hobbs Act robbery Attempted Hobbs Act robbery Using a firearm in furtherance of a crime of violence Taylor later pled guilty to conspiracy to commit a Hobbs Act robbery and the use of a firearm in furtherance of a crime of violence. He was sentenced by the court to 240 months for the conspiracy conviction and 120 months consecutively (to run after the 240 months are completed) for using a firearm in furtherance of a crime of violence. Taylor’s total sentence for both charges equaled 360 months. Taylor later appealed on the basis that the case of Johnson v. United States substantially narrowed the definition of what a “violent felony” is under federal law and that a collateral review of his case was necessary. Taylor contended that under Johnson, the crimes of an attempted Hobbs Act robbery and conspiracy to commit a Hobbs Act robbery should no longer be considered crimes of violence and that his convictions should be vacated. His appeal has made its way to the United States Supreme Court. Oral argume nts took place before the court in early December. THE LAWS THAT ARE AFFECTED BY THIS CASE This case affects two different federal statutes simultaneously, the Hobbs Act (18 USC § 1951), and 18 USC § 924(c). These statutes are described as follows: Hobbs Act – This federal statute makes prohibits committing or attempting to commit a robbery that affects interstate commerce in some way. Robbery is defined under the Hobbs Act as an unlawful taking “by means of actual or threatened force.” 18 USC § 924(c) – prohibits the use of a firearm during the commission of a “crime of violence.” Under the “elements clause” of this statute, a crime of violence is defined as any felony that “has an element of the use, attempted use, or threatened use of physical force against a person or property of another.” Under the “residual clause” of this statute, a crime of violence is also any felony that by nature includes a “substantial risk” of physical force. This definition in the residual portion of the statute was str uck dow n by the US Supreme Court in 2019 as unconstitutionally vague, leaving only the elements clause to define what a crime of violence is. Here, the Court will determine whether an attempted robbery under the Hobbs Act is considered a “crime of violence” under 18 USC § 924(c). There is no dispute whether a completed robbery under the Hobbs Act is considered a crime of violence, as a robbery under the Hobbs Act, in itself, requires the use of actual or threatened force. The Court will determine how narrowly to interpret the definitions of the federal statute. HOW DOES THIS AFFECT ME? If you are facing a federal criminal charge where you are alleged to have committed a “crime of violence,” then this can affect you directly. The definition and interpretation of what an attempt is can be argued and defended in several ways. If the Supreme Court sides with Taylor , it means that courts will have to interpret cases more narrowly to determine if they meet the definition of a “crime of violence” under the residual clause of 18 USC § 924(c). If the Court sides with the Government, then cases can be interpreted more broadly to be considered crimes of violence which can lead to harsher punishments handed down by federal judges across the country. If you have specific legal questions about the Hobbs Act or what a crime of violence is, then call us at Bajoka Law today so we can help!

WHAT IS A SERVICE DEPOSIT ADDRESS ON A CRYPTOCURRENCY NETWORK? A deposit address is found on a cryptocurrency network to link deposits to user wallets. When someone wants to send cryptocurrency from one wallet to another, they do so by depositing the money through a deposit address. The deposit addresses found on cryptocurrency networks are not actually owned by the users but work to link deposits to specific users. Users can have multiple service deposit addresses and can generate new ones through their cryptocurrency network. These addresses can be used to conduct all types of business, as they are simply where crypto money can be deposited. Service providers use deposit addresses so people they are doing business with have a place to deposit their cryptocurrency. If you have legal questions related to cryptocurrency, then it is important to speak to an experienced attorney who can best help you. HOW IS A SERVICE DEPOSIT ADDRESS USED FOR MONEY LAUNDERING? Money laundering is a major part of any criminal activity that is financed by cryptocurrency. Those who use cryptocurrency to finance criminal activity do so because of its anonymity and would like to be able to convert the money to cash or other legal, usable funds. To help make this happen, cybercriminals use service providers to help them launder their money. Service providers that help cybercriminals launder money do so by using services like high-risk cryptocurrency exchange portals, online gambling, cryptocurrency mixing services, and financial entities that operate in high-risk areas. Users then transfer their laundered cryptocurrency to cash that can be used for legitimate activities or simply deposited into regular bank accounts since the money is now “clean.” IMPORTANT 2020 CRYPTOCURRENCY MONEY LAUNDERING STATISTICS In 2020, 270 service deposit addresses accounted for an estimated 55% of the cryptocurrency laundered, at an estimated value of $1.3 billion. A wider view looking at the top 1,867 service deposit addresses related to cryptocurrency money laundering in 2020 shows that these service deposit addresses accounted for 75% of cryptocurrency laundering in 2020, with an estimated value of $1.7 billion. Many of these deposit addresses are operated by third-party service providers who use “nested services” to help launder money. Nested services operate within larger financial exchanges, using over-the-counter brokers and other services to help cybercriminals launder their money through multiple exchanges. Illicit cryptocurrency funds that are laundered come from crimes such as ransomware, darknet markets, scams, child abuse material, terrorist financing, and stolen funds. The top countries that are estimated to receive illicit funds include the United States, Russia, the United Kingdom, Ukraine, Vietnam, Turkey, South Africa, South Korea, and China. Russia dominates the darknet markets by share through Hydra, the world’s largest online darknet market. Interestingly, Hydra only serves Russia and other Eastern European countries that speak Russian. These are just some of the statistics that stood out from the Chainalysis annual cryptocurrency crime report .  WHY IS THIS IMPORTANT? Cryptocurrency analysts including Chainalysis believe that this concentration of cryptocurrency money laundering service providers puts those involved at a greater risk for takedown by authorities. Analysts believe there is a greater concentration of users to few service provider addresses in 2020 due to reliance on a small group of money laundering brokers. A few major crypto money laundering takedowns could cripple the industry (at least temporarily) and force those remaining to look towards other means, potentially away from cryptocurrency altogether. If you have legal questions about cryptocurrency-related fraud or have questions about your own case, then give us a call at Bajoka Law so we can help.