Seventh Circuit Reverses Criminal Kickback Conviction, Holds That Government’s Interpretation of AKS Is Too Broad
- April 18, 2025
- Scott R. Grubman , Chilivis Grubman
On April 14, 2025, a three-judge panel of the Seventh Circuit reversed the conviction of Mark Sorensen, the owner of a durable medical equipment (DME) distributor who was convicted of violating the Anti-Kickback Statute (AKS). In doing so, the Seventh Circuit applied the “relevant decisionmaker” test and concluded that, because the payments in question were not made to physicians or other decisionmakers in positions to “leverage fluid, informal power and influence” over health care decisions, the evidence was insufficient to support the jury’s verdict.
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