A kickback is a crime that is similar to a bribe. It involves corruption, however, kickbacks differ from bribes, because they typically involve a pre-negotiated trade of goods and/or services and a quid pro quo style of cooperation. Basically, a kickback is a form of collusion between two parties where mutual illegal gain occurs. Kickbacks don’t usually involve extortion like bribery or other types of corruption. A kickback is exchanged between parties who are both cooperating in illegal activities to further the gain or agenda of either or both of them at any given time. In some cases, there are brokers involved. These brokers essentially negotiate the deal and do the initial exchange.
Kickbacks and Private Sector Corruption
Kickbacks in the private sector are very common. They can be used when making deals, during the hiring process and when parties are looking to collude with other businesses for mutual gain. Kickbacks involve illegal payments, which can come in the form of goods, services or favors. If you’re facing charges involving kickbacks in the private business sector, you need to contact a criminal defense attorney with proven white-collar crime case experience immediately.
A lot of people get kickbacks and bribes mixed up, but they’re actually two different crimes. In the case of bribery, the exchanges are usually one sided. One party may essentially be extorted into performing in a certain way. Where bribes are concerned, there may be only one party that stands to have any real gain. Where kickbacks are concerned, there are usually pre-negotiated deals in which both parties benefit from the illegal exchange. Whether you’re facing bribery or kickback charges, it’s a good idea to contact a lawyer as soon as possible after an arrest.
Fraudulent invoices are a common tactic for making and receiving kickbacks. Essentially, invoices are fraudulently made which over estimate or over inflate the actual amount of goods or services. Basically, the kickback is billed directly into the invoice. This can pull employees and other company members directly into the scheme.
Quid Pro Quo/One Hand Washes The Other
Kickbacks are quid pro quo exchanges. These deals involve a “one hand washes the other” mentality. You do something for me, and I do something for you. Unfortunately, in many business, private and government settings, these deals are unethical and illegal and can land parties in hot legal water. These crimes aren’t usually violent in nature, and typically result in financial gain to both parties involved. These unfair business practices can have harsh legal penalties and consequences, so if you’re facing kickback charges, you need to get with a criminal defense attorney immediately about your case.
Under federal law, government contractors and subcontractors are strictly prohibited from giving or taking kickbacks. Although it’s illegal, kickbacks are a very common form of government corruption. If government entities or contractors and sub contractors enter into quid pro quo relationships involving kickbacks, the consequences can be severe. Public employees engaging in taking or making kickbacks can also be charged with crimes. Kickbacks in the healthcare system, especially where Medicare and Medicaid are involved, are also illegal.
Collusion Between Businesses
Collusion between businesses is a common way that kickbacks take place. In the private sector, kickbacks, bribes and other forms of corruption are illegal. These white-collar crimes do hold stiff penalties though. Convictions associated with private sector and governmental kickbacks can make getting a job difficult after a prison sentence. It’s also possible to lose professional licenses and credibility. Charges associated with kickbacks and bribes should be taken very seriously. The implications of a conviction involving government or private sector corruption can have a long-lasting impact on your freedom, your livelihood and your ability to earn a living after you’ve paid your debt to society.
If convicted of accepting or making kickbacks, you could be facing up to five years or more in a federal correctional facility. Depending upon the unique circumstances in your case and the potential for additional criminal charges, you could be facing up to a decade or longer behind bars, if convicted. The sooner you speak with a criminal defense attorney, the better chance you have at a favorable outcome in your case. As soon as you think you’re under investigation, you need to contact a lawyer. Time is of the essence. If you have been arrested for making or accepting kickbacks or for any kind of corruption crimes in Jackson or in any of the surrounding Metro Area communities, contact the skilled and proven Criminal Defense team at Coxwell & Associates, PLLC at (601) 265-7766 for an immediate case consultation.
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