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News/Compliance & Enforcement/District Court Rejects Anti-Kickback Statute Claim Due to “Conclusory” Assertions of Unlawful Intent
Expert Opinion·Compliance & Enforcement Brief

District Court Rejects Anti-Kickback Statute Claim Due to “Conclusory” Assertions of Unlawful Intent

A court in the District of Maryland recently dismissed a declined qui tam action in which the relator, a bariatric surgeon, alleged that two medical device companies violated the AKS by providing surgeons with free advertising in exchange for physicians using the companies’ LAP-BAND medical devices in bariatric surgeries.  See United States ex rel.

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