Blog
Conspiracy to Accept or Receive Illegal Kickbacks (42 U.S.C. 1320a-7(b)(b); 18 U.S.C. 371)
Last Updated on: 14th March 2025, 12:54 am
CONSPIRACY TO ACCEPT OR RECEIVE ILLEGAL KICKBACKS
If you are someone who was charged with conspiracy to accept or receive illegal kickbacks, you are likely feeling confused, worried, and even angry. I won’t tolerate any excuses from you right now, because this is too serious to downplay. You need to face the facts and build a strong defense. At Spodek Law Group, is a premier, and award winning, New York / Federal criminal defense law firm created by Todd Spodek, we understand how high the stakes are. We are available 24/7 to speak with you about your specific situation and fight to protect your freedom.
WHAT IS A CONSPIRACY TO ACCEPT OR RECEIVE ILLEGAL KICKBACKS?
In simple terms, a kickback is money or something of value that was given to someone in return for a favor or advantage. In many cases, these favors involve steering business, prescribing medications, or awarding contracts. According to the U.S. Department of Justice, illegal kickbacks can occur in healthcare, government contracting, and countless other industries.
A person who was accused of conspiring to accept or receive illegal kickbacks is someone who allegedly worked with others to plan and carry out an arrangement where they profited improperly. When prosecutors see a pattern of two or more people coordinating these activities, they charge conspiracy under laws like 18 U.S.C. § 371 or the federal Anti-Kickback Statute (42 U.S.C. § 1320a–7b(b) for healthcare cases).
Consequences can be life-altering. In federal court, each charge often comes with heavy fines, prison time, and a ruined reputation. Those who were found guilty of conspiracy to accept illegal kickbacks might also lose professional licenses and face permanent bans from certain industries.
WHY THIS CHARGE MATTERS
One major reason that conspiracy to accept illegal kickbacks is harshly prosecuted is the federal government’s commitment to stopping corruption and financial crime. Investigators who are tackling these cases are thorough. They often gather documents, emails, witness statements, and banking records. If evidence that was obtained meets the standard for conspiracy, you could be looking at serious prison time, plus millions in fines and mandatory restitution.
Proof matters. Prosecutors must show an agreement between individuals to engage in this illegal arrangement, and they need to tie you to a plan where something of value was exchanged. If evidence that was illegally obtained is excluded, then the charges might weaken. But if you don’t push back with a serious defense, you risk a guilty verdict. A conviction can create a long-term consequence for you, such as losing your business, your financial stability, and your personal freedom.
POINTS OF VIEW: FEAR, FRUSTRATION, AND HOPE
Right now, you may feel afraid that you’ll lose everything. You might also be frustrated because you think it’s all a misunderstanding. Some of you reading this might even feel resigned, thinking the system is too big to fight. But from our viewpoint, Spodek Law Group believes you can fight back in a constructive way. Here’s the catch: if you lie to yourself or hide behind excuses, you will sabotage your chances. I’m here to remind you that we care about your success, and we will push you beyond your comfort zone to get it.
You must also realize that prosecutors have their own perspective: they believe you broke the law and want to make an example out of you. They focus on your financial dealings, and they don’t care about your personal hardships. They want results. The truth is, you have to take their perspective seriously. That’s why you need a law firm who understands both sides and has over 50 years of combined experience defending individuals like you. In short, we see your fear, but we also see the path out of this mess.
POTENTIAL PENALTIES IF CONVICTED
Conspiracy convictions often mean prison sentences of up to five years, but it can be more if large sums of money are involved. There might be fines reaching into six or seven figures. When judges see repeated fraud, or cases involving government contracts and taxpayer money, they sometimes hand down harsher sentences. This is meant to discourage others from trying the same thing.
Many people ask, “How will it affect my family?” The consequence is huge. A person who was sentenced might lose a home, break family bonds, and struggle to rebuild their life once released. That’s the real cost, beyond just the financial burdens.
DEFENSE STRATEGIES THAT WE USE
At Spodek Law Group, we create defense strategies that cut to the heart of the government’s allegations. Here are some approaches that were effective in similar cases:
- Challenging Evidence: We review every document, transaction, and witness statement. If evidence that was seized violates your constitutional rights, it may be thrown out. When evidence is discarded, prosecutors might lose the backbone of their case.
- Arguing Lack of Knowledge: Some people who were named in a conspiracy genuinely had no idea they were part of a kickback scheme. If you didn’t know the arrangement was illegal, we can present that to the court.
- Absence of Illegal Agreement: Even if you accepted money, there could be a valid explanation. We explain why the alleged “agreement” never rose to the level of a criminal conspiracy.
- Mistaken Identity: In some instances, a person who was accused was dragged into an investigation because of rumors or confusion. We emphasize evidence that clears your name.
If we see even the smallest detail that destroys the prosecution’s theory, we use it. We don’t sugarcoat anything, and we don’t let you hide from reality. We leverage every fact to either get the case dismissed or significantly reduce the charges.
OUR BOLD, DIRECT APPROACH AS YOUR STRATEGIC ADVISOR
Let me be brutally honest. If you think you can handle this alone, you are fooling yourself. The prosecutors are building a story that shows you knew exactly what you were doing. You need a firm who was tested in battle against federal agencies and powerful prosecutors. We are that firm.
I will call out any rationalizations you cling to. If you keep saying, “It’s not my fault,” you’re wasting your time. We believe in focusing on solutions, not blame. Our role is to design an action plan that addresses your biggest risks and leverage the facts that support your defense. We do this nationwide, coast to coast. If you’re dealing with accusations in any state, we can help you.
KEY STEPS TO TAKE RIGHT NOW
Below is a quick-reference table. Keep in mind, these are general guidelines. Everyone’s situation is different, and this is not formal legal advice. It’s meant to push you to take bold and immediate action.
Action | Why It Matters |
---|---|
Stay Silent | When you talk freely, you risk incriminating yourself. The right to remain silent is a powerful shield. |
Gather Documents | Financial records, communications, and agreements that were relevant may show you never intended wrongdoing. |
Contact an Attorney Fast | Early involvement by a defense lawyer can prevent serious mistakes in how you respond to investigators. |
Stay Off Social Media | Things you post can be used against you in court. Prosecutors comb through social networks for evidence. |
HOW WE HELP YOU SUCCEED
Spodek Law Group invests significant time in understanding the details of your case, your background, and your goals. We look at your weaknesses and strengths, then call out the flaws that could kill your defense. We do not coddle you, and we certainly do not offer false hope. Instead, we fight, we innovate, and we strategize for the best possible outcome.
On a practical level, our law firm conducts in-depth investigations, files motions to dismiss, negotiates with prosecutors, and takes cases to trial if needed. Our attorneys have been recognized on major media outlets, showcasing our ability to handle high-profile matters. If there is a path to victory, we will find it. If we see a chance to get charges downgraded, we explore it. If you have potential defenses that were overlooked, we bring them to light.
CALL US FOR A FREE CONSULTATION
We know this is a frightening time. Our team is available 24/7 for a risk free consultation, so you can discuss your options and next steps. We believe that every person who was charged deserves honest guidance—and that starts with a real conversation about your case.
If you want a law firm that cares about your future but won’t tolerate your excuses, reach out now. We’re direct, we’re effective, and we stand by our clients nationwide.
Disclaimer: This content is intended for general informational purposes only, and it may not reflect the most recent legal developments. Viewing this text does not create an attorney-client relationship between you and Spodek Law Group. To get legal advice that is tailored to your unique circumstances, consult a licensed attorney in your jurisdiction. We are not guaranteeing a particular outcome in any case. Every situation is different, and the best way to protect yourself is to speak with an experienced legal professional.