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However, to prove a violation of the anti-kickback statute, the government must prove that a defendant had a specific intent to disobey the law.
The concern being with the limited partners, and the incentives associated with referrals to Franklin MRI Limited. This issue is specifically troubling, as it provides an opportunity or at least speculation, for unnecessary MRI studies. These unnecessary studies would be for the sole purpose of increasing compensation. Another concern was a comment made by the President of Franklin County Hospital. The comment raises concern as to the intent to disobey the law, he stated " in an effort to save money, he not want to raise the issue with the organizations legal department...
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