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Goodwin Procter Photo Credit: Diego M. Radzinschi/ALM

In 2010, Congress amended the anti-kickback statute (AKS) to confirm that claims “resulting from” illegal kickbacks are false and thus actionable under the federal False Claims Act (FCA), 42 U.S.C. § 1320a-7b(g). Congress did not specify, though, what it means for a claim to result from an illegal kickback. The question does not matter for a criminal AKS case, because the offer or receipt of the payment completes the crime. No referral or claim need result. But a civil FCA case requires more: the submission of a false claim to a federal health care program. What then links the submitted claim to the illegal kickback for purposes of showing falsity?

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