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nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

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Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

What Is the Personal Service Exception under Stark Law?

In 1992, Congress passed a prohibition on physician self-referral. This prohibition is often called the Stark Law. The law was expanded in scope in 1995, and it now rests under the Centers for Medicare and Medicaid Services (CMS). The CMS fraud and abuse laws make healthcare fraud a federal crime. Awareness of the personal service exemption of the Stark law is important for physicians in all geographic and medical areas of practice.

What the Stark Law States

The Stark law prevents doctors from referring patients to the Department of Human Services if the doctor has a financial relationship with the healthcare entity, the doctor’s immediate family member and the healthcare entity. This law defines a financial relationship as any equity, debt or interest in ownership in the facility. It also includes investments in the facility providing the healthcare services. According to the law, financial relationships of compensation are also prohibited. This includes compensation between the doctor or their immediate family member and the healthcare entity. An immediate family member includes the doctor’s sibling, spouse, parent or child. On the surface, this law is broad. However, there are many exceptions to the Stark law. The personal service exception is a common one.

What the Personal Service Exception Is

Federal statute 42 CFR 411.357(d)(1) outlines the personal service exemption of the Stark law. The personal service exemption to the Stark law refers to allowing payments to a physician if they provide specific services to for-profit and nonprofit healthcare centers, such as a nonprofit blood donation center or a private healthcare practice. The personal services must be specified in a written and signed agreement. A list of the physician or their immediate family member and the services they provide must be maintained by the healthcare entity and provided at the request of CMS, the Department of Justice or the Department of Health and Human Services.

How Is the Personal Service Exemption Applied?

The services provided by the doctor or their immediate family member can’t exceed reasonable services for legitimate business reasons. The duration must be at least one year, and the compensation must be set in advance. Compensation can’t exceed fair market value. Compensation can’t take into account the number of referrals made by the doctor. Personal service exemptions don’t include any business arrangements or activities that are illegal under state or federal law. The law also permits a six-month holdover past the end of the contract between the physician and the healthcare entity.

Why Is the Stark Law Needed?

Most physicians and other healthcare providers support the Stark law because it prevents fraudulent or unneeded medical services, tests and referrals. It also prevents doctors from trying to get personal financial gains or equity in facilities that care for their patients. In essence, it prevents conflicts of interest. The Stark law does have some impacts on a doctor’s ability to make healthcare decisions and deliver services. Because of this, some physicians have protested the law. Most doctors can do their jobs without violating the law, but it does take extra time and due diligence for physicians and clinic managers.

Who Investigates Violations of the Stark Law?

The CMS, Department of Health and Human Services and Department of Justice have joint responsibilities in investigating violations of the Stark law. changes to the Affordable Care Act, HIPAA and other healthcare laws have led to tougher applications of the Stark law. Violations of the Stark law may be reported by whistleblowers. They may also be uncovered during audits, billing reviews and other administrative activities at the state or federal level.

The Stark law is considered to be a strict liability law. This means that anyone accused of a crime is responsible for their actions even if they didn’t intend to break the law. Ignorance of the law isn’t an excuse and doesn’t prohibit culpability. If a doctor inadvertently refers a patient to a healthcare entity in which they or their immediate family member has a financial interest, they can be held liable under federal law.
Anyone accused of a violation of the Stark law should meet with an attorney. The personal service exemption covers a lot of situations, and an attorney offers advice about whether or not this exemption could apply to a particular situation.

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Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

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We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
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