Chicago Business Owner Acquitted of Federal Kickback Charges

Federal appellate court finds government's evidence insufficient as a matter of law in rare ruling

CHICAGO, June 17, 2025 /PRNewswire/ -- Chicago business owner Mark Sorensen has been acquitted of violating the Anti-Kickback Statute, following a significant appellate court ruling that clarifies the limits of the statute, the Law Office of Stephen Chahn Lee, LLC announced today.

The Seventh Circuit Court of Appeals found the government's evidence insufficient as a matter of law in April 2025, leading to Mr. Sorensen's acquittal on June 12. This was the final step in an ordeal that lasted almost six years. 

"Mark Sorensen tried to do the right thing in running a medical supply business, but he unfortunately listened to business partners who manipulated him and misled him. When those people were caught, the federal government unfortunately relied on them to accuse Mark of crimes that he did not commit. We are glad that a wrongful conviction has been overturned and that Mark can get on with his life," Mr. Lee said.

Background

In 2019, Mr. Sorensen, the owner of SyMed Inc., a Medicare provider that distributed durable medical equipment, was charged with Anti-Kickback Statute violations. The charges focused on SyMed's relationship with a company that was owned by Bernie Perconti and that worked with Craig O'Neil, a marketer. 

Evidence presented during the court proceedings revealed that some patients contacted through this arrangement received braces they did not want or use, though evidence showed Mr. Sorensen was unaware of this and believed patients had legitimately requested equipment ordered by their physicians. Significantly, Mr. Sorensen was not charged with health care fraud—the government's case focused solely on the payment arrangements between SyMed, Mr. Perconti's company, and marketers.

Mr. Sorensen was arrested at his home in front of his family, including two young children. In 2023, he was convicted by a jury, with the government relying heavily at trial on testimony from Mr. Perconti and Mr. O'Neil, who both received reduced sentences in exchange for their cooperation despite admitting to extensive criminal conduct not involving Mr. Sorensen. In 2024, Mr. Sorensen was sentenced to 42 months imprisonment and a forfeiture amount of approximately $1.89 million.

Appellate Acquittal

Mr. Sorensen was represented on appeal by Mr. Lee and by Annie Kastanek, co-chair of Jenner & Block's Appellate and Supreme Court Practice. Ms. Kastanek argued the case before the Seventh Circuit on December 4, 2024.

The Seventh Circuit's April 14, 2025 decision found the government's evidence legally insufficient to support the conviction. When the U.S. Department of Justice chose not to seek further review of the case, the district judge who sentenced Mr. Sorensen granted his motion for acquittal.

"The Anti-Kickback Statute is a powerful tool to deter fraud, waste, and abuse, but the government unfortunately has pushed it in improper ways in cases across the country. We are glad that the Seventh Circuit has clarified the limits on how the Anti-Kickback Statute can be applied, and we hope that both the government and Medicare providers around the country learn from the Seventh Circuit's decision," Mr. Lee said.

Statement by Mark Sorensen

Mr. Sorensen had the following statement:

"I have always maintained my innocence and firmly believe I am a victim of the system. The government's improper charges destroyed businesses that I had built over 25 years. Regaining what I have lost will not be easy. The fallout has been immense, especially for my two children, who were there when I was arrested at my home. My family will feel the effects for generations. 

"The Seventh Circuit's ruling shows how the justice system can ensure fairness and protect individual rights, and it is a reminder about how government overreach can hurt people who are just trying to do their best in a complicated industry.

"My focus is moving forward and rebuilding my life's work to greater heights. One of my goals is sharing the lessons learned throughout this journey for the betterment of the healthcare industry so other people won't have to go through what I did.

"I am deeply grateful to my family, my close friends and everyone who stood by me throughout this difficult time. I am also deeply grateful to my lawyers for their thoughtful understanding of the laws in a complex, nuanced, healthcare environment."

"Regaining what I have lost will not be easy, but I am committed to making the most of my next chapter."

Mr. Sorensen was also assisted by Joseph Stewart of the Peacock Law Group, who focuses on financial aspects of criminal cases. Mr. Lee, Ms. Kastanek, and Mr. Stewart previously worked together as Assistant U.S. Attorneys in the U.S. Attorney's Office for the Northern District of Illinois.

For more information, contact Stephen Lee at [email protected] or 312-436-1790.

SOURCE Law Office of Stephen Chahn Lee, LLC