By Joel M. Androphy
Recent Presentations:
Berg & Androphy is proud to sponsor The Criminal Justice Town Hall titled, “Criminal Justice Reform: A Moral Imperative”. Featured panelist Joel Androphy, will be joined by Civil Rights icon Congressman John Lewis. For more information visit: https://www.bafirm.com/publications-presentations/by-joel-m-androphy/criminal-justice-town-hall-forum/
In April 2017, Joel Androphy taught a 1-day course for federal agents at the FBI/DEA offices in El Paso, TX. The topic was “Prosecuting Health Care are Qui Tam (False Claims Act) Cases” and “Practical Advice in Prosecuting White Collar Cases: Pitfalls in Government Prosecutions and How to Become Better Agents.
Joel Androphy serves as co-director and co- lead defense lawyer at the First Annual ABA Foreign Corrupt Practices Act Mock Trial Institute. Joined by Sarah Frazier, this unique event will include a mock trial of former Asian-Pacific sales manager indicted on five counts of violation of the FCPA conducted by skilled and experienced defense counsel and federal prosecutors, aided by jury consultants, and presided over by Gregg Jeffrey Costa, United States Fifth Circuit Judge for the U.S. Court of Appeals and former United States District Judge for the U.S. District Court for the Southern District of Texas.
Learn about the Second Annual National False Claims Act and Qui Tam Trial Institute featuring Joel Androphy held in June 2015 in Denver, CO. Read More
White Collar Crime (Thomson/West 2012) by Joel M. Androphy is the most complete and comprehensive discussion of federal white collar crime ever assembled. Newly updated and released as a 6 volume set with over 950 forms on CD ROM, WCC 2d covers substantive laws, legal procedures, and evidentiary issues in 51 chapters.
Federal False Claims Act and Qui Tam Litigation
(Law Journal Press 2010)
Goals of This Treatise
This treatise will assist the plaintiff’s bar in communicating with the client, and in investigating, filing, and litigating qui tam actions. Plaintiff’s counsel needs information that will guide him through the factual and legal intricacies of pursuing an FCA case, and an objective view of how the case will be handled in the particular venue.
The treatise will also assist the defense bar in preventing, anticipating, and responding appropriately to qui tam filings. Defendants face not only civil litigation, but also criminal consequences for their conduct. The parallel nature of these proceedings mandates specialized expertise.
Finally, this treatise will provide guidance to all parties in developing a beneficial relationship with all departments of government. Sometimes this issue is the most complex. The federal government has its own distinctive agenda about the case in general, the settlement process, and the role of each party. This is even more confusing and conflicting when the states have interests and want to protect their rights.
These differing agendas will substantially affect how the various parties interact. This is where most other “authoritative” works fall short. They view the FCA through a single lens and ignore how the statutes and judicial opinions affect all the players. This treatise remedies these deficiencies.
“Georgia Taxpayer Protection False Claims Act,” www.hg.org, August 29, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh
“Indiana False Claims and Whistleblower Protection Act,” www.hg.org, August 29, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh
“Illinois Whistleblower Reward and Protection Act,” www.hg.org, August 10, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh
“Colorado Medical Assistance Act,” www.hg.org, July 20, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh
“Connecticut False Claims Act,” www.hg.org, July 20, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh
“Delaware False Claims and Reporting Act,” www.hg.org, July 20, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh
“Georgia False Medicaid Claims Act,” www.hg.org, July 20, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh
“Hawaii False Claims Act for False Claims to the State,” www.hg.org, July 20, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh
“The Intersection of the Dodd-Frank Act and the Foreign Corrupt Practices Act: What All Practitioners, Whistleblowers, Defendants, and Corporations Need to Know,”
Vol. 59, The Advocate: Litigation Section of the State Bar of Texas, Summer 2012
www.hg.org, January 31, 2012
By Joel M. Androphy and Kathryn Nelson
“Defense Contractor Fraud,” www.hg.org, January 3, 2012
By Joel M. Androphy and Rachel L. Grier
“Prevailing Wage Laws and the False Claims Act,” www.hg.org, January 3, 2012
By Joel M. Androphy and Rachel L. Grier
“New York City False Claims Act,” www.hg.org, December 8, 2011
By Joel M. Androphy and Rachel L. Grier
“District of Columbia Procurement Reform Amendment Act,” www.hg.org, December 8, 2011
By Joel Androphy and Sarah Frazier
“Gathering Evidence in Qui Tam Actions,”
By Joel Androphy, Sarah Frazier and Rachel Grier
ALM: Medical Malpractice Law and Strategy, April 2012
www.hg.org, December 8, 2011
CafePharma.com, November 18, 2011
“California False Claims Act,” www.hg.org, September 22, 2011
By Joel M. Androphy and Rachel L. Grier
“Florida False Claims Act,” www.hg.org, September 22, 2011
By Joel M. Androphy and Rachel L. Grier
“False Claims Act Damages in Antikickback and Self-Referral Cases”
American Bar, Health Law Section, esource, Vol. 7, No. 10, June 2011
By Rachel L. Grier, Sarah M. Frazier and Joel M. Androphy
“Survey of Penalties and Damages in False Claims Act Cases,” www.hg.org, June 8, 2011
By Joel M. Androphy and Rachel Grier
“Survey of Damages in False Claims Act Retaliation Cases,” www.hg.org, June 8, 2011
By Joel M. Androphy and Rachel Grier
“False Claims Act Penalties,” www.hg.org, June 2, 2011
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier
“False Claims Act Damages,” www.hg.org, May 25, 2011
By Joel M. Androphy, Rachel L. Grier, Sarah M. Frazier and Kathryn E. Nelson
“Best Value and the False Claims Act,” www.hg.org, October 19, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier
“Fraudulent Medical Billing and the False Claims Act,” www.hg.org, October 19, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier
“Pharmaceutical Best Price Obligations and the False Claims Act,” www.hg.org, October 19, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier
“Government Procurement Fraud and the False Claims Act,” www.hg.org, October 18, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier
“Defective Medical Devices and the False Claims Act,” www.hg.org, October 18, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier
“12 Step Guide For Successfully Handling Criminal Maritime Cases,” Maritime Advocate, December 2010
“Honest Doctors Do Not Fear The Aggressive Pursuit of Health Care Fraud,” Westchester NY Guardian, May 2010
“The Government’s Dirty Laundry: How Prosecutors Use Money Laundering Laws to Threaten Prison Time, Impose Fat Penalties, and Extract Pleas,” Forbes, April 2008
“21 Rules Every Corporate Executive Should Know,” 70 Texas Bar Journal No. 6, June 2007
“The Enron Finale: Justice Or Retribution,” 70 Texas Bar Journal No. 1, January 2007
“The Perils of Off-Label Marketing,” Script Magazine, September 2005
“The Modern-Day Government Informant: Corporations,” Texas Lawyer Executive Legal Adviser, July / August 2005
“Whistleblower and Federal Qui Tam Litigation – Suing the Corporation for Fraud,” 36 False Claims Act & Qui Tam Quarterly Review 63, 2005
“Federal Qui Tam: The Government’s Watchdog”
By Joel Androphy and Mark Correro, 42 Houston Lawyer 18 (Jan./Feb. 2005)
“The Modern-Day Government Informant: Corporations,” 20 Texas Lawyer No. 44, January 2005
“Federal Criminal Appellate Update,” State Bar Appellate Advocate Quarterly, 1988-1996, 1998 – 2004
“The Boutique Competitive Advantage,” 19 Texas Lawyer 33, October 2003
“White Collar Crime Update,” 66 Texas Bar Journal No. 1, January 2003
“Bringing Rogues to Justice: The Qui Tam Provisions of the False Claims Act” (PDF)
By Joel Androphy – Sam Snitch walks into your office with a story about fraud against the federal government. Mr. Snitch has evidence that a large government contractor has been billing the government for services not performed, double-billing the government for services rendered, and falsifying documents in order to get paid.
“Criminal Prosecutions of Trade Secret Theft: The Emergence of the Economic Espionage Act” (PDF)
By Joel M. Androphy and Gabriel Berg – “[The EEA] will protect the trade secrets of all businesses operating in the United States, foreign and domestic alike, from economic espionage and trade secret theft and deter and punish those who would intrude into, damage or steal from computer networks.
“Beware of Trade Secret Thieves,” Business Law and Litigation Series, 15 Texas Lawyer No. 32, October 1999
“General Corporate Criminal Liability,” American Corporate Counsel Association, January 1999
“Federal Contempt of Court”
By Joel M. Androphy and Keith A. Byers – The authority of a federal court to hold either an individual (whether a party, witness, spectator, or attorney) or a corporate entity in contempt of court is an effective tool designed to allow the judiciary to maintain order.
“General Corporate Criminal Liability” (PDF)
By Joel M. Androphy – Corporations have been subject to criminal liability for almost a century. In 1909, the Supreme Court found that a corporation could be held responsible for the criminal acts of its employees if the acts occur while in the scope of employment.
“General Corporate Criminal Liability” (PDF)
By Joel Androphy – The general rule is that a corporation will be criminally liable for the illegal acts of its employees if the employees are acting within the scope of their authority and their conduct benefits the corporation.
“Health Care Fraud,” 33 Houston Lawyer No. 1, July-August 1995
“Informers In Civil Cases Keeping the Snitch a Secret ”
By Joel M. Androphy and Warren W. Harris – ABC, Inc., a designer of computer programs, discovers that terminated employee is selling software developed by the company.
“Crimes and Campaign Contributions”
By Joel M. Androphy and Lawrence D. Finder – Assume that as a judge, commissioner, legislator, or other elected official, you solicit and receive a $1,000 check payable to your campaign for elective office. The check is from a local attorney.
“Environmental Crimes,” 29 Houston Lawyer No. 4, January 1992
“Immunity,” 28 Houston Lawyer No. 4, January 1991
“Money Laundering – Part One: The Bank Secrecy Act” (PDF)
By Joel M. Androphy – Joe Smurf uses $18,000 in currency to buy two $9,000 cashier’s checks at First Confidential Bank on two different days. His counsel assures him that his actions are legal.
“Avoiding Criminal Exposure While Seeking Bankruptcy Relief” (PDF)
By Joel M. Androphy – The Bankruptcy Code requires that a debtor submit to examination at meetings of creditors, file a list of creditors, a schedule of assets and liabilities and a statement of affairs, and surrender to the trustee property of the estate, including any recorded information relating to property of the estate.
“Mitigating Criminal Exposure in the Bankruptcy Court” (PDF)
By Joel Androphy – Responses to statutory bankruptcy requirements may incriminate your client.
“Changes in Bank Fraud Statutes,” 27 Houston Lawyer No .4, January 1990
“Mitigating Criminal Exposure In The Bankruptcy Court: The Debtor’s Perspective,” 44 Consumer Law Quarterly Report No. 4, 1990
“Challenging Federal Grand Jury Investigations”
By Joel M. Androphy – A federal grand jury is investigating your client, the president and sole shareholder of XYZ, Inc. Your client and his corporation have received grand jury subpoenas demanding testimony
“Imprisonment for Debt: Civil Debt Collection in the Criminal Courts” (PDF)
By Joel M. Androphy – During the 18th century, imprisonment for debt became so commonplace that debt led to more imprisonment than any other crime. A century later, the Republic of Texas, and many other jurisdictions, abolished imprisonment for debt.
“Procedures Before Appellate Courts: A Comparative Overview of the Fifth Circuit and Texas Courts of Appeal”
By Joel M. Androphy and Lynne Liberato – The appellate lawyer who usually practices in the Texas Courts of Appeals may be tempted to perfect an appeal by filing a cost bond in the Fifth Circuit within 30 days of the signing of the trial court’s judgment
“The Criminal Cloud Over S.E.C. Investigations” (PDF)
By Joel M. Androphy – Your client, a respected real estate attorney, receives a subpoena duces tecum from the Securities and Exchange Commission (S.E.C.) requesting all documents relating to her purchase and sale of the stock of X.Y.Z., Inc.
“Keeping up with Sentencing Under the New Federal Guidelines” (PDF)
By Joel M. Androphy – Gone are the days when your five-year old could determine the range of punishment for one of your criminal clients.
“Keeping Up With Changes in Bank Fraud Statutes”
By Joel M. Androphy – On August 9, 1989, President Bush signed into law the Financial Institutions Reform Recovery, and Enforcement Act
“What Corporate Counsel Needs To Know About Criminal Investigations and Prosecutions” (PDF)
By Joel M. Androphy – Your client, the president of X,Y,Z, Inc., receives a federal grand jury subpoena requesting records of corporate activity for the past five years. He contacts you as corporate counsel and asks: (1) What does this mean? (2) What can happen? (3) What do we do? (4) Could this have been prevented?
“Whistleblower and Federal Qui Tam Litigation – Suing the Corporation for Fraud” (PDF)
By Joel Androphy and Mark Correro, 45 S. Tex. L. Rev. 23 (2004).
“Federal Criminal Appellate Update,” State Bar Appellate Advocate Quarterly, 1988-1996, 1998 – 2004
“What the Civil Practitioner Needs to Know About RICO and Defense of White Collar Crime: How to Defend Civil and Criminal RICO Cases,” 50 Texas Bar Journal No .2, February 1987
“What the Civil Practitioner Needs to Know About RICO and the Defense of White-Collar Crime: How to Help Your Client Avoid Indictment for White Collar Crimes, Particularly Under RICO; How to Attack Forfeiture of Property and Legal Fees,” 50 Texas Bar Journal No. 1, January 1987
“The Comprehensive Crime Control Act of 1984,” 23 Houston Lawyer No. 4, April 1986
“Commercial Racketeering: What the Civil Practitioner Needs to Know and Understand,” 22 Houston Lawyer No. 5, May (cover article) 1985
“Structuring Transactions in Recessionary Times,” 46 Texas Bar Journal No. 9, October 1983