Eighth Circuit Breaks from Third Circuit, Requiring the Government to Prove “But-For” Causation in Some Anti-Kickback Cases

On July 26, 2022, the United States Court of Appeals for the Eighth Circuit held that “resulting from” under the 2010 amendment to the Anti-Kickback Statute requires the government to prove that “but-for” the illegal kickbacks, the defendants would not have included particular items or services in their claim for reimbursement.