U.S.A .v. Krawczyk, No. 19-519 (U.S.D.C.). A CEO of a medical equipment company was charged with the payment of 鈥渒ickbacks鈥� in violation of the Medicare Anti-Kickback Statute simply because he used digital marketing which involved payment for each completed order placed. The defendant was facing a 6-8 years sentence of imprisonment, following his guilty plea. Ms. Lefeber successfully proved at sentencing that the statute, that the Medicare Anti-Kickback Statute, which has not been amended since 1977, was antiquated and had not kept pace with the internet age. At sentencing she offered the testimony of a renowned Wharton professor who testified that her client鈥檚 digital marketing business practices were universally accepted and that it was only under the Medicare Anti-Kickback Statute that payment per completed order was a crime. Ms. Lefeber used this testimony to get a huge downward variance, arguing that her client fell in between the crosshairs of technology and the law. She also proved that his case was extraordinary in many ways and that her client exercised good faith in his reliance upon others. Ms. Lefeber also presented a forensic psychiatric expert who testified to the multiple stressors in her client鈥檚 life and underlying medical/psychiatric conditions that influenced his judgment.

Convinced by Ms. Lefeber鈥檚 presentation, the Judge sentenced the defendant to a sentence of 1 Day imprisonment. The defendant was released at 4:00 pm, on the day of sentencing.