Kickbacks Lawyer New Jersey — What Are Your Federal Defense Options?
Federal kickback charges under 41 U.S.C. § 8702 are serious felonies in New Jersey, carrying penalties of up to 10 years in prison and fines. As a kickbacks lawyer New Jersey, Law Offices Of SRIS, P.C. provides immediate legal help for those accused in federal courts like the District of New Jersey.
Federal Kickback Law and New Jersey Jurisdiction
Kickbacks, the illegal exchange of money or favors for referrals of business, are primarily prosecuted under federal statutes like the Anti-Kickback Statute (42 U.S.C. § 1320a-7b) and other related laws such as 41 U.S.C. § 8702, which governs kickbacks in federal contracting. These laws make it a felony to knowingly and willfully offer, pay, solicit, or receive any remuneration to induce referrals of items or services payable by a federal healthcare program or government contract. In New Jersey, these cases are prosecuted in the U.S. District Court for the District of New Jersey, with federal agencies like the FBI, HHS-OIG, and DCIS skilled investigations.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | New Jersey Legislature
External Legal Resources
- 41 U.S.C. § 8702 – Kickbacks (Official U.S. Code)
- U.S. District Court for the District of New Jersey (Official Court Website)
Strategic Defense for Federal Kickback Allegations
Defending against kickback charges requires a detailed understanding of federal intent standards and complex financial records. Prosecutors must prove you acted “knowingly and willfully.” A common defense strategy involves demonstrating a lack of criminal intent—showing that a payment was for a legitimate service, not an illegal inducement. The government’s case often relies on email trails, financial audits, and witness testimony, making early case review critical.
- Secure immediate legal representation upon learning of a federal investigation or subpoena.
- Conduct an internal audit with your attorney to identify and secure all relevant financial and communication records.
- Analyze the government’s evidence to challenge the “willfulness” element required for conviction.
- Negotiate with prosecutors, potentially for a reduced charge or cooperation agreement, if it serves your interests.
- Prepare for trial, focusing on disputing the intent behind the payments and the legitimacy of the services rendered.
Potential Penalties for Federal Kickback Convictions
In New Jersey, a federal kickback conviction can result in felony penalties, including significant prison time, fines, and mandatory exclusion from federal programs.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Kickbacks (41 U.S.C. § 8702) | Felony | Up to 10 years | Up to $500,000 (corporate fines can be higher) | Mandatory exclusion from Medicare/Medicaid; civil penalties up to 3x the kickback amount; debarment from federal contracts. |
| Anti-Kickback Statute Violation | Felony | Up to 5 years | Up to $25,000 | Civil False Claims Act liability; professional license revocation. |
Results may vary. Prior results do not aim for a similar outcome.
Firm Authority in Federal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to federal defense. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of federal court and provide “Advocacy Without Borders” for clients facing complex charges like kickbacks.
Documented Case Results
Our firm has a documented history of achieving favorable results in federal cases. While specific outcomes are unique to each case, our strategic approach focuses on challenging the government’s evidence of intent and negotiating for reduced charges when possible. We have successfully defended clients in the District of New Jersey against various fraud allegations.
Results may vary. Prior results do not aim for a similar outcome.
Kickbacks Lawyer Near New Jersey
Our New Jersey location at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724, is accessible for meetings by appointment only. We serve clients throughout the state, including those in Newark, Jersey City, and Trenton.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-3900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is considered a kickback under federal law?
Yes. A kickback is any payment, in cash or in kind, made to reward or induce the referral of business reimbursable under a federal program, like Medicare or a government contract. It is illegal regardless of whether the referred service was medically necessary or properly performed.
Can I go to jail for a kickback violation in New Jersey?
Yes. Violations of federal kickback statutes are felonies. Conviction under 41 U.S.C. § 8702 can lead to up to 10 years in federal prison. The actual sentence depends on the amount involved, your criminal history, and other factors determined under the Federal Sentencing Guidelines.
What is the difference between a kickback and a referral fee?
The key difference is legality and intent. A lawful referral fee is a disclosed payment for a legitimate service, like a finder’s fee in a real estate transaction. A kickback is a secret or disguised payment made specifically to induce a referral, often for services paid by government funds, and is illegal.
What should I do if I am contacted by a federal agent about a kickback investigation?
It depends. You should immediately seek legal help from a federal criminal defense attorney. Do not speak to agents without your lawyer present. Anything you say can be used against you. An attorney can advise you on your rights and help you handle the investigation.
What are the collateral consequences of a kickback conviction?
Beyond prison and fines, consequences include mandatory exclusion from all federal healthcare programs (like Medicare), loss of professional licenses, debarment from government contracts, and severe damage to personal and professional reputation. A conviction can be career-ending in fields like healthcare.
Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
A kickbacks case is one part of fraud & financial crimes work, and our page on bank fraud lawyer New Jersey covers the wider process.