2. Increased Vicarious Liability Damages Are Unnecessary to Adequately
Compensate the Government
Another goal of the amended Anti-Kickback Act is to adequately compen- sate the government in the event kickbacks occur.116 Due to the concern of inad- equate recoveries under the original Act, the current civil liability provision al- lows for increased damages for knowing violations of the Act.117 This inclusion of increased damages, however, should be appropriately limited to direct liability cases.118 A more expansive interpretation allowing increased damages for vicari- ous liability is unnecessary to adequately compensate the government and cre- ates a substantial risk of overcompensation.119
Indeed, the goal of the Anti-Kickback Act is to “adequately” compensate the government, not to compensate the government to the greatest extent possi- ble.120 Allowing increased damages for vicarious liability is likely to overcom-