Kickbacks are bribes that result from collusive agreements, wherein government or business officials accept something of value in return for steering business toward a second party. It is a crime to be on either end of a kickback scheme – to either issue or accept the illegal payment. Federal rules against kickbacks deal primarily with federal undertakings, such as public works projects that get their financing from the U.S. government. In addition to prohibiting government contractors and subcontractors from issuing or accepting kickbacks, the Anti-Kickback Act of 1986 makes it illegal for employers to force employees to kick back part of his or her compensation.
Similar laws exist at the state level. Generally the source of the funds in the government that investigates the misuse of its funds. Again these cases are often misconstrued and many subjection decisions are made leaving out the true intent of the parties. These cases are defensible. There often is no intent to kickback money for influence but rather poor book keeping or completely legitimate use of a contractor that happens to know one of the parties. What is appears at first blush to be criminal kickbacks often is not. Early and timely representation to forensically decipher the issues is paramount to your defense. Contact Omar Johansson at 954-745-7517 immediately when you learn of an investigation.
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