Yesterday, the Third Circuit affirmed a doctor’s conviction for accepting bribes in exchange for referrals to New Jersey based lab Biodiagnostic Laboratory Services (BLS). U.S. v. Thomas V. Savino, No. 18-2223 (3d Cir. 2019). Doctor Thomas Savino allowed BLS to set up a blood drawing station in his solo medical practice in Staten Island, New York. BLS paid Savino approximately $25,000 over the course of the arrangement, which lasted from August 2012 to April 2013.
The government, with the assistance of a BLS recruiter-turned-cooperating witness, alleged that those payments were bribes for Savino’s referrals to BLS for testing services. Savino argued at trial that the money was rent payment for using his space, not bribes. The jury didn’t buy it and convicted Savino in October 2017 of 10 counts relating to the scheme, including violations of the federal Anti-Kickback Statute, Travel Act Bribery, Honest Services Fraud, and related conspiracies.
On September 24, the Third Circuit agreed. The Anti-Kickback Statute in 42 U.S.C. § 1320a-7b(b)(1)(A), it explained, required proof that that Savino (1) knowingly and willfully; (2) solicited or received any remuneration; (3) in return for referring any individual to a person for the furnishing of any item or service for which payment may be made in turn or in part under the Federal health care program. The Court rejected Savino’s claim that evidence was insufficient to show that the payments were for referrals rather than rent. It noted the “ample circumstantial evidence” the government presented at trial showing that Savino intended to accept bribes from BLS, including that:
The Third Circuit rejected Savino’s other arguments as well, namely that as a New York doctor he shouldn’t have been convicted in connection with the New Jersey bribery statute. The Court countered that the scheme clearly had detrimental effects in New Jersey, as BLS was based there, the blood was shipped to and tested there, and the payments Savino received came from the state.
Dozens of other individuals have already been convicted in connection with this scheme, which led to approximately $375,000 in business for BLS and more than $10 million charged to Medicare and private insurers. BLS pled guilty in 2016 to an information charging conspiracy to violate the Anti-Kickback Statute and the Federal Travel Act and one count of conspiracy to commit money laundering.
Pamela Coyle Brecht will be presenting at the Health Care Compliance Association’s 24th Annual Compliance Institute in Nashville, Tennessee on March 30, 2020. The title of Ms. Brecht’s presentation is, “Healthcare Private Equity, Moving Into the Government’s Crosshairs.” Private equity (PE), through mergers and acquisitions, has moved into the healthcare space in a very big… Read more »Read More
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Join Pietragallo Partner Michael A. Morse for a web conference on Wednesday, October 23 at 1:00 pm EST. Hosted by the Health Care Compliance Association, Mr. Morse will discuss: The Supreme Court’s latest FCA decision, which delivered two important victories for whistleblowers The Supreme Court’s active interest in the shaping False Claims Act litigation How… Read more »Read More
Joe Gordon and Leslie Mariotti will be presenting at the Greater Valley Forge HR Summit in Malvern, PA on October 25, 2019. The presentation is titled, “Employee Benefits of the Future – How Legal Developments Will Drive Profound Change.” In this presentation, Mr. Gordon and Mrs. Mariotti will explore cultural pressures and the evolution of… Read more »Read More