Sixth Circuit Joins Eighth Circuit and Widens Circuit Split by Requiring “But-For” Causation in Some Anti-Kickback Cases

In a step much-welcomed by the defense bar, on March 28, 2023, the United States Court of Appeals for the Sixth Circuit became the second federal appellate court to hold 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.