Nwaokocha v. Illinois Department of Financial and Professional Regulation

Plaintiff was found to have violated Medical Practice Act, based on his guilty plea in federal court, in which he admitted to knowingly and willfully soliciting and receiving kickback for referring a patent to provider for services to be paid for by Medicare. At administrative hearing, evidence was introduced, which Plaintiff did not contest, as to kickbacks other than the single kickback that was the subject of Plaintiff's guilty plea. Hearing focused on appropriate discipline for violations. No error in Department's consideration of additional kickbacks. It was not unreasonable for Director of Department to enter sanction of suspension for minimum 3 years. (BURKE and ELLIS, concurring.)