United States, ex rel. Adam Hart, et al. v. McKesson Corporation, et al.

The Anti-Kickback Statute prohibits, among other things, “knowingly and willfully offer[ing] or pay[ing] any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person . . . to purchase . . . any good, facility, service, or item for which payment may be made in whole or in part under a Federal health care program.” 42 U.S.C. § 1320a-7b(b)(2)(B). To violate the Anti-Kickback Statute, a “person need not have actual knowledge of [the Statute] or specific intent to commit a violation of ” it. Id. § 1320a-7b(h). The question presented is: To act “willfully” within the meaning of the AntiKickback Statute, must a defendant know that its conduct violates the law?