Accused of Violating Minn. Stat. § 609.612? A Minnesota Lawyer for Healthcare Professionals Can Protect Your License and Your Liberty.
As a healthcare provider, your reputation is your most valuable asset. You’ve spent years building a practice based on trust, skill, and ethical patient care. Now, all of that is under threat. You’re facing a felony charge for Employment of Runners, an accusation that strikes at the very core of your professional integrity. Perhaps you hired a marketing firm that crossed a line without your knowledge. Maybe a referral arrangement with another professional has been misinterpreted by investigators. Or perhaps a disgruntled former employee is making false accusations about how your clinic in Minneapolis, St. Paul, or Rochester gets its patients. Whatever the path that led you here, you are now facing the fight of your professional life.
This is not a minor regulatory issue; it is a felony. The state will portray you as a greedy opportunist who illegally solicited vulnerable accident victims for financial gain. They will use the full power of their investigative resources to secure a conviction that could send you to prison, cost you hundreds of thousands of dollars, and strip you of the license you worked so hard to earn. As a Minnesota defense attorney who has defended licensed professionals in complex cases statewide—from the suburbs of Bloomington and Plymouth to major centers like Duluth and St. Cloud—I understand the unique pressures you face. You are not just fighting for your freedom; you are fighting for your career, your practice, and your future. You do not have to face this alone.
The Bright Line Between Marketing and Crime: What “Employment of Runners” Actually Means in Minnesota
A charge of Employment of Runners under Minnesota Statute § 609.612 alleges that you, as a healthcare provider, illegally paid someone to directly solicit patients for you, specifically in the context of motor vehicle accidents. The law draws a critical distinction between acceptable public advertising and illegal direct solicitation. You are free to market your practice through “public media”—things like TV ads, billboards, professional directories, and general mailers. Where you cross the line into criminal conduct is when you pay a “runner,” “capper,” or “steerer” for a pecuniary gain to make direct, in-person, telephonic, or electronic contact with specific prospective patients to bring them into your clinic.
This statute is designed to prevent healthcare providers from preying on vulnerable accident victims. A Minnesota charge for employing a runner isn’t about having a robust marketing plan; it’s about an accusation that you created a system to improperly funnel patients to your practice for services that would be billed to auto insurance. The entire case hinges on the state proving you knew about and participated in this illegal solicitation scheme. Facing this accusation means you must build a defense that not only examines your marketing practices but also proves that you never had the criminal intent to violate these strict ethical and legal boundaries.
Minnesota Law on Employment of Runners — Straight from the Statute
The legal authority for the felony charge you are facing is found in Minnesota Statute § 609.612, titled “Employment of Runners.” This law defines what constitutes illegal solicitation and lays out the severe penalties. It is essential to understand the precise language the government will use to try and end your career.
609.612 EMPLOYMENT OF RUNNERS.
Subdivision 1. Definitions.
(c) “Runner,” “capper,” or “steerer” means a person who for a pecuniary gain directly procures or solicits prospective patients through telephonic, electronic, or written communication, or in-person contact, at the direction of, or in cooperation with, a health care provider when the person knows or has reason to know that the provider’s purpose is to perform or obtain services or benefits under or relating to a contract of motor vehicle insurance. The term…does not include a person who solicits or procures clients either through public media…
Subd. 2. Act constituting. Whoever employs, uses, or acts as a runner, capper, or steerer is guilty of a felony and may be sentenced to imprisonment for not more than three years or to a payment of a fine of not more than $6,000, or both. Charges for any services rendered by a health care provider, who violated this section in regard to the person for whom such services were rendered, are noncompensable and unenforceable as a matter of law.
Breaking Down the Legal Elements of an Employment of Runners Charge in Minnesota
To convict you of this felony, the prosecutor cannot just suggest that your marketing was aggressive. They must prove, beyond a reasonable doubt, a specific series of facts—the “elements” of the crime. My entire defense will be built around dissecting the state’s case and showing where they fail to meet this high burden of proof. If we can create reasonable doubt on even one element, you cannot be convicted. Here is the framework of the state’s case against you:
- Employment, Use, or Action: The prosecutor must first prove that you either employed or used a person to solicit patients, or that you yourself acted as a runner. This involves scrutinizing contracts, financial records, and communications between you and your marketing agents or employees to challenge the nature of your professional relationship. We will work to show that your arrangements were for legitimate marketing services, not for illegal patient solicitation.
- Pecuniary Gain for the Runner: The person soliciting patients must have done so “for a pecuniary gain.” This means they were paid or received something of value specifically for procuring the patient. If the person was a volunteer, a satisfied former patient making a genuine referral without compensation, or an employee whose salary was not tied to patient recruitment, this critical element may be missing. We will analyze payment structures to delink compensation from solicitation.
- Direct Solicitation: The runner’s contact with the prospective patient must have been direct—in-person, by phone, or through targeted electronic or written communication to a specific individual. This is what separates illegal running from legal advertising to the general public. We will argue that your marketing methods fell under the umbrella of “public media” and were not the kind of targeted, high-pressure solicitation the law was designed to prevent.
- Motor Vehicle Insurance Connection & Intent: This is a two-part element. The solicitation must be for the purpose of providing services that will be billed to auto insurance. Furthermore, the prosecutor must prove that you, the healthcare provider, knew or had reason to know that this was the purpose. This is the “knowledge” element. We will fight to show that you had no knowledge of any improper conduct by your marketers or employees and that your intent was always to provide ethical and lawful care.
Penalties for an Employment of Runners Conviction in Minnesota Are Career-Ending
Make no mistake: a conviction for Employment of Runners is not something you can recover from professionally. The state has made this a felony offense with penalties designed to be so severe that they not only punish the provider but completely destroy their practice. You are facing the possibility of prison, significant fines, and a legal declaration that could render your business insolvent overnight. The stakes could not be higher.
Felony Conviction
This is a serious felony offense that carries life-altering criminal penalties and the permanent stigma of being a convicted felon.
- Maximum Prison Time: Up to 3 years in a state correctional facility.
- Maximum Fine: Up to $6,000.
- Lifelong Consequences: As a convicted felon, you will lose your right to vote, serve on a jury, and possess firearms for the rest of your life. It will appear on every background check, forever branding you.
Forfeiture of All Payments: The Practice Killer
This is the most financially devastating penalty in the statute, and it is unique to this crime. The law states that any charges for services you rendered to a patient who was illegally solicited are “noncompensable and unenforceable as a matter of law.”
- What it Means: You are legally barred from collecting payment for any work you did for that patient. This applies to payments from the insurance company and the patient themselves.
- The Catastrophic Impact: If an investigation reveals a pattern of using runners, you could be forced to repay hundreds of thousands or even millions of dollars to insurance companies for services you already performed. This penalty is designed to bankrupt your practice and is often a greater threat than the prison sentence itself.
What Employment of Runners Looks Like in Real Life — Common Scenarios in Minnesota
These felony charges don’t materialize out of thin air. They typically grow from complex marketing arrangements, employee incentive programs, or referral networks that blurred the line between legal and illegal. A healthcare provider’s well-intentioned effort to grow their practice can be twisted by investigators into a criminal conspiracy. You might recognize the origins of your own predicament in these common scenarios from across the Minnesota healthcare landscape.
The prosecutor will present a simple, damning narrative of a greedy doctor cheating the system. My job is to reveal the full, complicated story—the marketing contracts you thought were compliant, the employee actions you were unaware of, the aggressive tactics of your competitors—to prove you are a dedicated professional, not a criminal.
The Marketing Firm in Minneapolis That Went Too Far
You run a successful chiropractic or physical therapy clinic in Minneapolis. To grow your practice, you hire a marketing agency that promises to connect you with auto accident victims. You pay them a monthly retainer for what you believe are legitimate advertising services. Unbeknownst to you, their employees are getting accident reports and cold-calling victims directly to schedule appointments at your clinic. You only find out when investigators show up at your door, accusing you of employing runners.
The Referral Network in St. Paul
You are a healthcare provider in St. Paul who has a professional relationship with a local towing company and a translation service that works with immigrant communities. You have an informal understanding that they will recommend your clinic to accident victims they encounter. To show your gratitude, you give them gift cards or pay them a “consulting fee” at the end of the year. An insurance company audit flags this financial relationship as suspicious, and the state charges you, claiming this network is a sophisticated runner scheme.
The Overzealous Employee in a Rochester Clinic
You own a multi-provider clinic in Rochester. To incentivize your staff, you offer a bonus to any office employee who brings in a new auto accident patient. One of your administrative employees takes this to heart. They start monitoring police scanners and social media for local accidents and then reach out to the victims directly through private messages, offering to schedule a “free consultation” at your clinic. You are charged with employing a runner, even though you never instructed your employee to solicit patients in this illegal manner.
The Ambiguous Online Lead Generation Service
You sign up with a national company that provides patient leads for a monthly fee. Their website promises to connect you with local individuals seeking care after a car accident. You believe these are people who have actively filled out a form online seeking help. In reality, the company operates a call center that makes unsolicited calls to accident victims. Because you are the provider who benefits and pays for the service, Minnesota prosecutors hold you responsible for the illegal acts of a company located a thousand miles away.
Legal Defenses That Might Work Against Your Employment of Runners Charge
As a respected healthcare professional, being accused of a felony can feel like a betrayal of everything you’ve worked for. The government will present what seems like a mountain of evidence—financial records, phone logs, and witness statements. But an accusation is not proof. You have the right to a powerful defense, and my role is to dismantle the state’s case piece by piece. I will scrutinize every document, challenge the credibility of every witness, and expose the holes in the prosecution’s theory.
Building your defense is a meticulous process. We will not just deny the allegations; we will construct an affirmative case that showcases your professionalism and your lack of criminal intent. We will leverage complex legal arguments and detailed factual analysis to fight for the only acceptable outcome: the protection of your license, your liberty, and your good name.
You Lacked Knowledge or Intent
This is often the strongest defense for a licensed professional. The state must prove that you knew or had reason to know that your agent or employee was acting as an illegal runner. We will work to show that you were unaware of their specific tactics and that you acted in good faith.
- Reliance on a Marketing Agency: If you hired a third-party marketing firm, we can argue that you reasonably relied on their assurances that their methods were legally compliant. We would present your contract and communications to show that you hired them for legitimate advertising, not illegal solicitation.
- Rogue Employee: If an employee engaged in illegal solicitation, we can argue they acted outside the scope of their duties and against your clinic’s policies. We would use employee handbooks, training materials, and testimony to prove you never directed or sanctioned their illegal conduct.
The Person Was Not a “Runner” Under the Law
The statute has a very specific definition of a “runner.” If the person who referred the patient does not fit this definition, the charge is invalid.
- No Pecuniary Gain: The state must prove the person was paid for procuring the patient. If there was no payment, or if the payment was for a different, legitimate service (like translation or transportation that was not contingent on a referral), we can argue the person was not a runner.
- Legitimate Professional Referral: The law is not intended to prohibit a doctor from receiving a referral from another doctor or a lawyer. We can argue that the referral came from another licensed professional as part of a legitimate, collaborative patient-care network, which is not a criminal runner scheme.
The Solicitation Was “Public Media”
The law explicitly exempts solicitation through “public media.” The definition is broad and can be used to defend modern marketing techniques.
- Broad Internet Advertising: If your marketing involved general social media advertising, search engine optimization, or other online campaigns that were not targeted to a specific known accident victim, we can argue this falls under the umbrella of public media.
- Permissible Written Communication: The statute allows for mailed or electronically transmitted communications that do not involve in-person contact with a specific prospective patient. We can argue that your email or direct mail campaigns were informational, directed at a general audience, and therefore legal.
Entrapment or Outrageous Government Conduct
In some cases, law enforcement or insurance investigators may go too far in their efforts to build a case. They may use undercover agents who pose as marketers or patients to induce you to commit a crime you otherwise would not have considered.
- Inducement by Law Enforcement: If an undercover agent aggressively pushed you to approve or participate in a marketing scheme that you were hesitant about, we can argue that the government improperly induced you to break the law.
- Creating the Crime: Entrapment occurs when the government doesn’t just provide an opportunity to commit a crime, but actually plants the criminal idea in your mind. We would meticulously review all interactions with investigators to see if their conduct crossed this line.
Minnesota Employment of Runners FAQs — What You Need to Know Now
Will I definitely go to prison if convicted of this felony?
A felony conviction carries a potential sentence of up to three years in prison. While this is a very real possibility, especially in cases with large financial losses, it is not automatic. For a professional with no prior criminal record, a skilled attorney can often argue for alternatives like probation and fines. However, the threat of prison is significant and underscores the need for an aggressive defense.
Will I lose my professional license if I am convicted?
Almost certainly, yes. A felony conviction, particularly one directly related to fraudulent and unethical professional conduct, is grounds for automatic or discretionary revocation of your license by your professional board (e.g., the Board of Chiropractic Examiners, the Board of Medical Practice). Defending the criminal charge is, in effect, defending your license.
What is the difference between a “runner” and a legitimate marketing employee?
A legitimate marketing employee works to promote your practice to the public through legal means like creating a website, running ad campaigns, or attending health fairs. A “runner” is someone paid to make direct, personal contact with specific accident victims to solicit them as patients. The key difference is the combination of direct solicitation and a payment structure tied to patient procurement.
What does it mean that the charges are “noncompensable and unenforceable”?
This is the financial death penalty for a practice. It means you are legally barred from collecting any money for the services you provided to any patient who was brought to you by a runner. Insurance companies can refuse to pay outstanding bills and can even sue you to “claw back” money they have already paid. This can easily amount to hundreds of thousands or even millions of dollars in losses.
Can I be charged even if the runner was an independent contractor, not an employee?
Yes. The law applies whether the runner is acting “at the direction of, or in cooperation with” the provider. This broad language covers independent contractors, marketing agencies, and anyone working in concert with your practice. Simply outsourcing the solicitation does not protect you from criminal liability if you know or have reason to know what they are doing.
My marketing company told me their methods were legal. Is that a defense?
It is a very important part of your defense. It goes directly to your lack of criminal intent. We would argue that you acted in good faith, relying on the expertise of a firm you hired to handle your marketing. We would use your contract and communications with them to show that you were deceived and had no knowledge of their illegal tactics.
What if I paid a flat monthly fee for marketing, not a “per-patient” fee?
This is a critical fact that helps your defense. The statute requires that the runner act for “pecuniary gain.” While a flat fee is still a gain, it helps us argue that the payment was for a bundle of legitimate marketing services, not a per-head payment for illegal solicitation. It helps to break the direct link between payment and patient procurement.
Can a satisfied patient who refers a friend be considered a runner?
No. An unpaid, word-of-mouth referral from a happy patient is not a runner scheme. A runner must be acting for pecuniary gain. Furthermore, unsolicited referrals are not a crime. The law targets organized, commercial solicitation schemes.
What should I do if investigators from an insurance company or my licensing board contact me?
You should not speak to them or provide any documents without an attorney present. These investigators are not on your side; they are building a case against you. Politely decline to answer any questions and state that your attorney will be in contact with them. Then, call a defense lawyer immediately.
Can this charge be dismissed or reduced?
Yes. An experienced attorney can often find weaknesses in the state’s case—such as a lack of evidence of your knowledge or intent—and use them to negotiate a dismissal or a reduction of the felony charge to a lesser offense. This is often the primary goal, as it can be the key to saving your professional license.
How long will this charge stay on my record?
A felony conviction is on your record for life. While Minnesota has laws for expungement (sealing the record), it is a difficult and lengthy process, and not all felonies are eligible. The best strategy is to prevent the conviction from ever happening in the first place.
Is it illegal to get accident reports from the police?
Minnesota law restricts access to and use of accident reports for commercial solicitation purposes. While it may not be illegal to simply obtain the report, using it to then make direct contact with victims to solicit them for your healthcare practice is a key part of what constitutes an illegal runner scheme.
Does this law apply to lawyers too?
Yes, lawyers are bound by even stricter ethical rules against in-person solicitation and the use of runners. While this specific statute is directed at healthcare providers in the auto insurance context, a nearly identical ethical framework governs the legal profession.
What if the patient was not injured in a motor vehicle accident?
This statute, § 609.612, is specifically written to apply to services billed under a “contract of motor vehicle insurance.” If the solicitation was for a patient injured in a slip-and-fall or a workplace accident, this particular criminal statute would not apply, although other ethical rules or laws could still be at issue.
Why is this a felony? It seems like a business dispute.
The legislature has made this a felony because it is considered a form of insurance fraud that preys on vulnerable people and drives up the cost of insurance for everyone. The state views it not as a simple business dispute, but as a deliberate scheme to corrupt the healthcare and insurance systems for personal enrichment.
What a Felony Conviction for Employment of Runners Could Mean for the Rest of Your Life
The consequences of a felony conviction for a healthcare provider are absolute and catastrophic. A prison sentence is temporary, but the collateral consequences will follow you forever, effectively ending the professional life you have built and shutting doors you never even thought could be closed. The prosecutor will focus on the prison time; you need to understand the lifelong penalties.
The End of Your Career: Revocation of Your Professional License
For a doctor, chiropractor, physical therapist, or any licensed healthcare provider, a felony conviction is a professional death sentence. Your state licensing board will almost certainly revoke your license to practice. There is no path forward in your chosen profession with this conviction on your record. The years of education, the immense student loan debt, and the practice you built will be rendered worthless. This is the most devastating and unavoidable consequence of a conviction.
Exclusion from Medicare, Medicaid, and Other Health Programs
A felony conviction related to fraud will place you on the OIG (Office of Inspector General) Exclusion List. This legally bars you from participating in any federal healthcare program, including Medicare and Medicaid. No hospital, clinic, or practice that accepts federal funds can employ you in any capacity, not even in an administrative role. This exclusion effectively blacklists you from the vast majority of the healthcare industry in the United States.
Complete Financial Devastation
Beyond the fines and potential prison time, the “noncompensable and unenforceable” clause of the statute is designed to bankrupt you. Imagine having to repay every dollar you ever collected from an auto insurer for every patient deemed to have been illegally solicited. This can easily reach hundreds of thousands or millions of dollars, leading to the seizure of your business and personal assets and forcing you into bankruptcy. It is a financial weapon of mass destruction.
Lifelong Status as a Convicted Felon
A felony conviction strips you of fundamental civil rights. In Minnesota, you lose the right to vote until you are off probation or parole. You lose the right to serve on a jury. And you are permanently banned, for life, from ever owning or possessing a firearm. Every time you fill out a job application, apply for a loan, or seek to volunteer in your community, you will have to check the “felony conviction” box, facing the immediate judgment and suspicion that it carries.
Why You Need a Tough, Experienced Minnesota Attorney for This High-Stakes Felony Charge
When you are a licensed professional accused of a white-collar crime, you are not just fighting a court case; you are fighting for your entire identity. You cannot entrust your defense to just any attorney. You need a lawyer who understands the unique intersection of criminal law, professional licensing, and healthcare regulations. The prosecutor has a team of investigators and the resources of the state. I am the advocate who will stand between you and those forces.
I Defend Professionals. It’s What I Do.
Defending a doctor or chiropractor against a felony charge is fundamentally different from other criminal cases. It requires an attorney who understands the pressures you face, the ethical rules that govern your profession, and the catastrophic consequences a conviction will have on your license. I have dedicated my practice to defending licensed professionals in these high-stakes situations. I know how to speak the language of your profession and how to translate your complex business practices into a compelling legal defense that a judge and jury can understand.
Dissecting the Financial Trail
These cases are won and lost in the details of contracts, bank statements, and marketing agreements. My approach involves a forensic-level analysis of the financial trail. I will work to dismantle the prosecutor’s theory that your payments were for illegal referrals. I will show that your marketing expenditures were legitimate business expenses and that there is no corrupt link between the money you spent and the patients who walked through your door. This meticulous financial investigation is often the key to proving your lack of criminal intent.
Protecting Your License is Goal Number One
While the criminal case is the most immediate threat, I understand that the fate of your professional license is paramount. My defense strategy is always a two-track approach. We will aggressively fight the felony charge in criminal court while simultaneously preparing to defend you before your licensing board. Every decision made in the criminal case will be with an eye toward its impact on your license. My ultimate goal is not just to keep you out of prison, but to ensure you can walk back into your practice with your head held high.
A Statewide Reputation for Defending the Accused
Prosecutors in Hennepin County, Ramsey County, and across Minnesota know that when I take on a case, I am prepared to fight it all the way to trial. This reputation for being a tenacious and thorough trial lawyer is a powerful asset during negotiations. It forces the prosecutor to take our defense seriously and often leads to more favorable outcomes, including dismissals and reduced charges, without ever having to step in front of a jury. They know we will not be intimidated and will not accept a deal that sacrifices your future.