Illegal Kickback offenses often occur when an individual uses health care
program benefits for means other than what is permitted by law, such as
filing for benefits under someone else's name with fake information
with which to base the claim, and then taking a portion of that money
for a use that is inconsistent with the application for benefits. Both
Federal and Florida law include heavy fines and severe criminal penalties,
including potential mandatory/minimum sentences of up to 25 years and
maximum potential sentences of up to LIFE. Mr. Petruzzi has represented
numerous individuals charged with, or under investigation for, Illegal
Kickbacks offenses by both Federal and State authorities. His experience
and knowledge serves as an invaluable asset to his clients.
To arrange for a free and confidential consultation with respect to any
Federal or State Illegal Kickbacks offense, contact our office at (305)-770-6550.
For complete details about Mr. Petruzzi's background, expertise, and
Federal Illegal Kickback offenses are investigated and prosecuted by various
agencies, including the FBI, IRS, and the Department of Justice. Some
common Federal Statutes criminalizing Illegal Kickbacks include:
18 USC Sec. 1347 –
(a) Whoever knowingly and willfully executes, or attempts to execute, a
scheme or artifice -
(1) to defraud any health care benefit program; or
(2) to obtain, by means of false or fraudulent pretenses, representations,
or promises, any of the money or property owned by, or under the custody
or control of, any health care benefit program, in connection with the
delivery of or payment for health care benefits, items, or services, shall
be fined under this title or imprisoned not more than 10 years, or both.
If the violation results in serious bodily injury (as defined in section
1365 of this title), such person shall be fined under this title or imprisoned
not more than 20 years, or both; and if the violation results in death,
such person shall be fined under this title, or imprisoned for any term
of years or for life, or both.
(b) With respect to violations of this section, a person need not have
actual knowledge of this section or specific intent to commit a violation
of this section.
Florida Illegal Kickbacks offenses are investigated and prosecuted by various
State and Local law enforcement agencies. Some common Florida Statutes
criminalizing Illegal Kickbacks include:
817.50 Fraudulently obtaining goods, services, etc., from a health care
(1) Whoever shall, willfully and with intent to defraud, obtain or attempt
to obtain goods, products, merchandise, or services from any health care
provider in this state, as defined in s.641.19(14), commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s.775.083.
(2) If any person gives to any health care provider in this state a false
or fictitious name or a false or fictitious address or assigns to any
health care provider the proceeds of any health maintenance contract or
insurance contract, then knowing that such contract is no longer in force,
is invalid, or is void for any reason, such action shall be prima facie
evidence of the intent of such person to defraud the health care provider.
However, this subsection does not apply to investigative actions taken
by law enforcement officers for law enforcement purposes in the course
of their official duties.