Joel M. Androphy

Featured Qui Tam Cases

DynCorp International, LLC and Damco U.S.A., Inc. Pay $25.4M to End False Claims Act Suit Alleging Fraud Related to Military Contract

DynCorp International, LLC and Damco U.S.A., Inc. have agreed to pay $25.4 million to resolve a False Claims Act suit alleging that the companies submitted false claims for payment to the Department of Defense related to freight forwarding services provided in Afghanistan as part of the LOGCAP IV program. The settlement resolves a lawsuit against the companies filed in 2014 by two former employees of DynCorp on behalf of the federal government.

$20 MILLION FOR WHISTLEBLOWERS AND THE STATE OF TEXAS

Joel M. Androphy of the Berg & Androphy law firm, along with the State of Texas and other law firms, have reached settlements in Texas Medicaid Fraud Prevention Act litigation against AstraZeneca, which charged that AstraZeneca illegally marketed Crestor and profited from its alleged deception through fraudulently garnered reimbursement from Medicaid.

$4.5 MILLION FOR WHISTLEBLOWER AND GOVERNMENT

Joel M. Androphy and Janis Gorton along with the United States and the State of Texas, have reached a $5 million settlement in a False Claims Act case against Health Services Management, Inc. (HSM) and Huntsville Health Care Center (HHCC) involving billing for poor quality of care and worthless services provided to nursing home patients.

$21 MILLION FOR WHISTLEBLOWERS AND GOVERNMENT

Joel Androphy and David Berg won a settlement to end a False Claims Act case brought by whistleblowers alleging fraudulent Medicaid claims and kickbacks to pharmacies that prescribed an antidepressant drug.

$50 MILLION FOR WHISTLEBLOWERS AND GOVERNMENT

HOUSTON, Sept. 6, 2017 /PRNewswire/ — Joel M. Androphy of the Berg & Androphy law firm, along with the U.S. Department of Justice (DOJ) and 50 state Medicaid programs plus the District of Columbia and the City of Chicago, have reached settlements in False Claims Act (FCA) litigation against Novo Nordisk and their subsidiaries.

WHISTLEBLOWER’S COMPLAINT LEADS BERING STRAITS TECHNICAL SERVICES, L.L.C. AND BERING STRAITS NATIVE CORPORATION TO PAY $2 MILLION TO SETTLE CIVIL FRAUD CHARGES

Whistleblower’s Complaint’s Leads Bering Straits Technical Services, L.L.C. and Bering Straits Native Corporation to Pay $2 Million to Settle Civil Fraud Charges

Bering Straits Technical Services, L.L.C. and Bering Straits Native Corporation have agreed to pay $2 million to settle civil charges involving alleged violations of the False Claims Act. The settlement was finalized April 26, 2016, without an admission of liability…

$240 MILLION QUI TAM SETTLEMENT

Joel Androphy of Berg & Androphy along with Esdaile, Barrett, Jacobs & Mone, represented Ryan Uehling, one of the whistleblowers in a government settlement with Millennium Laboratories, a case that involved multiple qui tam actions in the United States District Court in Massachusetts.

$31 MILLION FOR WHISTLEBLOWERS AND GOVERNMENT

Joel Androphy and David Berg, with Esdaile, Barrett, Jacobs & Mone, won a settlement with drug manufacturer, Organon USA Inc., in two qui tam actions in the United States District Courts in Massachusetts and Texas. Organon agreed to settle allegations that it underpaid rebates to state Medicaid programs for several of its drugs, including Remeron, Remeron SolTab, NuvaRing, Mircette, Cyclessa and Desogen; in addition, it offered improper financial incentives to nursing home pharmacy companies to induce prescriptions of its drugs, Remeron and Remeron SolTab. The settlement netted the clients and government approximately $31 million.

$21 MILLION for Whistleblowers and Government in Settlement of Government Declined Kickback, Medicaid Fraud Suit Against Omnicare

PharMerica Pays $4.9M to End False Claims Act Suit Alleging Kickbacks and Medicaid Fraud

PharMerica Corporation has agreed to pay $4.9 million to resolve a False Claims Act suit alleging that it took kickbacks from a drug maker to promote two antidepressants, according to Berg & Androphy.

$1.9 MILLION SETTLEMENT IN WHISTLEBLOWER MILITARY FRAUD CASE

Joel Androphy won a settlement with Frazier Masonry Corporation of Camarillo, California and other entities and individuals, who agreed to pay nearly $1.9 million to settle civil allegations that they conspired to defraud the United States in connection with military construction projects at Camp Lejeune in North Carolina and Camp Pendleton in California.

$2.3 MILLION SETTLEMENT IN WHISTLEBLOWER MEDICAID FRAUD CASE

Joel Androphy won a settlement with Children’s Physician Services of South Texas, Driscoll Genetic Services, Center for Genetic Services, and Radiology Associates, who agreed to pay $2.3 million to settle civil allegations that they engaged in false or fraudulent conduct by double-billing the Texas Medicaid program, TRICARE, and the Federal Employee Health Benefit Program for the professional reading and interpretation of genetic ultrasounds.

$880,000 FOR WHISTLEBLOWERS AND GOVERNMENT

Joel Androphy won a settlement with Baylor University Medical Center, Baylor Health Care System, and HealthTexas Provider Network (collectively Baylor) in a qui tam action in the United States District Court. Baylor agreed to settle civil charges that they engaged in false or fraudulent conduct by improperly billing federal healthcare programs for robotic stereotactic treatment delivery without corroboration of direct physician supervision and overbilling for services associated with stereotactic procedures without the necessary documentation in the medical record or as duplicative claims for services already performed and paid in conjunction with other services. The settlement netted the clients and government approximately $880,000.

JOEL ANDROPHY WON A SETTLEMENT WITH AMERICAN GROCERS IN A QUI TAM ACTION IN UNITED STATES DISTRICT COURT

The case involved the alteration of expiration dates on food products sent to American troops in the Middle East. The settlement netted the client and the government about $13.2 million.

ANDROPHY WINS SETTLEMENT WITH ELI LILLY IN OFF-LABEL MARKETING QUI TAM CASE THAT NETTED THE GOVERNMENT AND WHISTLEBLOWERS $750 MILLION

Joel M. Androphy represented one of the nine whistleblowers and won a settlement with Eli Lilly in a civil qui tam action in U.S. District Court. The case involved off-label marketing of the drug Zyprexa. This civil settlement netted the government and all whistleblowers about $750 million. The government will also receive an additional $600 million in criminal fines.

JOEL ANDROPHY WINS SETTLEMENT INVOLVING BEST PRICE VIOLATIONS NETTING THE GOVERNMENT AND WHISTLEBLOWERS $119 MILLION

Joel Androphy won a settlement with King Pharmaceuticals in a qui tam action in United States District Court. The case involved the underpayment of Medicaid rebates, false claims, and best price violations. This settlement netted the client and government about $119 million.

JOEL ANDROPHY WON A SETTLEMENT WITH PFIZER IN A QUI TAM ACTION IN U.S. DISTRICT COURT NETTING THE CLIENT AND GOVERNMENT ABOUT $46 MILLION.

Joel Androphy won a settlement with Pfizer in a qui tam action in U.S. District Court. The case involved the underpayment of medicaid rebates, false claims and best price violations for the drug Lipitor. The settlement netted the client and government about $46 million. For more information see the Wall Street Journal, Washington Post, National Law Journal and other major news archives for October 29, 2002.

JOEL ANDROPHY WINs QUI TAM ACTION INVOLVING DURABLE MEDICAL EQUIPMENT NETTING 1.78 MILLION TO CLIENT AND GOVERNMENT.

Joel Androphy won a settlement with Rotech Healthcare, Inc. in a qui tam action in United States District Court. Rotech paid $2 million to settle civil charges that it engaged in false or fraudulent conduct in billing Medicare for durable medical equipment. The government declined intervention. This settlement netted the client and government about $1.78 million. The negotiated settlement amount was a reflection of Rotech’s stock price of 34 cents per share at the time of settlement, down from $21 in early 2004 when Ms. Bell-Messier filed suit.

Featured Criminal Cases

JOEL ANDROPHY WITH NORTON A. COLVIN, JR. OF COLVIN, CHANEY, SAENZ & RODRIGUEZ, LLP REPRESENTED ARMANDO VILLALOBOS, THE FORMER DISTRICT ATTORNEY OF CAMERON COUNTY, IN A PUBLIC CORRUPTION TRIAL IN FEDERAL COURT IN BROWNSVILLE, TEXAS.

The government charged Villalobos with twelve counts of racketeering, conspiracy to commit racketeering, extortion, and honest services fraud.

JOEL ANDROPHY WON AN ACQUITTAL OF A U.S. EXECUTIVE ACCUSED OF FOREIGN CORRUPT PRACTICES ACT (FCPA) VIOLATIONS

Joel Androphy won an acquittal of a U.S. executive accused of foreign corrupt practices act (FCPA) violation payments made to officials of a Mexican state-owned electric utility on January 18, 2012, after a jury trial in Houston federal court.

JOEL ANDROPHY OBTAINED 4 ACQUITTALS OF A PROMINENT CANCER DOCTOR ACCUSED OF INSURANCE FRAUD BY FOUR MAJOR INSURANCE COMPANIES.

The trial involved billing for the drug Herceptin.

JOEL ANDROPHY OBTAINED A DISMISSAL OF ALL ENVIRONMENTAL CRIMINAL CHARGES AGAINST A SPANISH MARITIME COMPANY.

Joel Androphy obtained a dismissal of all environmental criminal charges against a Spanish maritime company. The international maritime company rejected all attempts by the federal government to obtain corporate pleas.

JOEL M. ANDROPHY OBTAINED AN ACQUITTAL OF A GREEK MARITIME OFFICER

Joel M. Androphy obtained an acquittal of a Greek maritime officer accused of environmental charges by the Department of Justice in a “magic pipe’ pollution trial. There are only 2 other reported acquittals in the history of these prosecutions.

Additional Criminal Cases

Joel Androphy, along with Pat Cooney of Houston’s Royston Razor, has recently successfully defended an international maritime company from environmental criminal charges. The Department of Justice decided to conclude a year long investigation without filing any criminal indictments. The international company rejected all attempts by the federal government to obtain corporate pleas.
Joel Androphy obtained a dismissal of a federal indictment for computer crimes after the court suppressed evidence obtained pursuant to an unlawful search warrant.
Joel Androphy obtained a federal jury acquittal on 11 counts of mail fraud and money laundering for a Dallas chiropractor accused of participating in an insurance fraud.
Joel Androphy won a reversal and acquittal on appeal to the 5th Circuit Court of Appeals in Melawer, et al. v. United States; 5th Cir. No. 98-20758.
Joel Androphy won a reversal in state court for a doctor charged with criminal contempt.
Joel Androphy won a reversal in the federal court of appeals for an executive charged with counterfeit trafficking under the Trademark Counterfeiting Act.
Joel Androphy won an acquittal in federal court for a bankruptcy auctioneer accused of defrauding bankruptcy estates.
Joel Androphy won an acquittal in federal court for two brothers accused of money laundering and currency violations.
Joel Androphy won an acquittal in federal court for the president of a mortgage firm charged with bank fraud.

Featured Civil Cases

Joel Androphy obtained a substantial confidential settlement in a pipeline explosion case.
Joel Androphy obtained a judgment in a breach of contract suit in federal court.
Joel Androphy defeated the Securities and Exchange Commission in a federal fraud suit for injunctive relief.
Joel Androphy obtained a confidential settlement, including a public apology, in four cases filed against the Catholic Church, on behalf of four men who alleged they had been sexually molested by a priest when they were minors.
Joel Androphy obtained a confidential settlement in a case alleging negligent treatment of an 88 year old woman at a nursing home.
Joel Androphy obtained a dismissal in state court of a multi-million dollar fraud, conspiracy and breach of contract suit against his client, a temporary employment service.
Joel Androphy obtained a substantial, confidential settlement for the survivors of a young father who, Androphy alleged, was beaten to death in the Pasadena city jail.
Just before trial, Joel Androphy obtained a settlement from the City of Houston for the estate of a teenager who died while in police custody. The settlement netted the client about $240,000.
Joel Androphy obtained a $179,000 verdict in a case he tried pro bono on behalf of a dying AIDS victim whose assets had been swindled by a caregiver, the first case of its kind in Houston.
During trial, Joel Androphy negotiated a substantial settlement for a former NASA official who was falsely arrested and incarcerated by U.S. marshals.
Joel Androphy negotiated a $2 million settlement on behalf of a major shareholder claiming fraud in the operation of a local bank.
Joel Androphy negotiated a settlement on behalf of a major shareholder claiming fraud in the operation of a local bank. The settlement netted the client about $1,965,000.