$50,000 in Fines & 5 Years in Prison for Compensating Bone Marrow Donor

With $20,000 at stake, the cause did indeed take on new urgency. Instead of just passing on news that Gupta needed help, people started bragging #IswabbedforAmit on Twitter. The money also made for a sexier news story. The website TechCrunch drove new waves of interest with an article headlined, “#IswabbedforAmit Offers Up 20K To Find A Bone Marrow Donor For Startup Founder Amit Gupta.”

There was only one problem. The offer was illegal.

Under the National Organ Transplant Act of 1984, better known as NOTA, it’s a federal crime to give or receive “valuable consideration” for any transplantable organ or tissue, specifically including bone marrow. (Expenses incurred in making a donation, including not only medical costs but also travel and lost wages, are exempt.)

The valuable consideration doesn’t have to be cash. A scholarship, a charitable contribution or even a free movie pass is enough to subject both parties to up to five years in prison and $50,000 in fines. Good intentions -- or fatal consequences - - be damned.