Berg & Androphy

Attorney Joel M. Androphy

Joel Androphy In The News

Practice Areas:
Qui Tam Litigation
White Collar Defense
Commercial Litigation

Joel M. Androphy is a member of the Texas, Colorado and New York Bar Associations and has been a partner in Berg & Androphy since 1985. Androphy began his career as a law clerk to The Honorable Norman W. Black, late Chief Judge, United States District Court, Southern District of Texas. A long-time participant in bar matters, Androphy was formerly a member of the Board of Directors of the State Bar of Texas, and an appointed member of the Texas Commission for Lawyer Discipline.

In September 2009, Houston Press named Joel Androphy the Best Civil Attorney in the 2009 Best of Houston® publication.

CIVIL CASES
Over the years, Androphy has tried dozens of white collar crime cases to verdict, but his practice has always included civil matters, including Qui tam banking, health care, insurance fraud, environmental violations, breach of contract, conspiracy, and personal injury. More details...

CRIMINAL CASES
Androphy has represented many high-profile defendants. More details...

He also has been successful in preventing indictments or obtaining dismissal of charges in the following types of cases:

• securities fraud
• mail and wire fraud
• health care fraud
• antitrust violations
• perjury
• environmental crimes
• public corruption
• governmental procurement

Over the years, Androphy has distinguished himself as a legal scholar. Certified in criminal law by the Texas Board of Legal Specialization, he has written a widely used 4 volume treatise, White Collar Crime (West Group), as a practical guide for both civil and criminal lawyers.

Houston's famed Richard "Racehorse" Haynes has hailed the work as, "A must-read for any lawyer desirous of adequately representing clients charged with white collar crimes. He has also written a book entitled Federal False Claims Act and Qui Tam Litigation (Law Journal Press).

Androphy has written more than 35 articles in numerous legal journals, including the Texas Bar Journal, American Corporate Counsel Journal, Consumer Law Quarterly, and Houston Lawyer .

Androphy's articles include:

• "Whistleblower and Federal Qui Tam Litigation - Suing the Corporation for Fraud," 45 S.Tex.L.Rev. 23, 2004
  
• "General Corporate Criminal Liability"
• "American Corporate Counsel Association," January 1999
• "Health Care Fraud," 33 Houston Lawyer No. 1, July - August 1995

He has participated in more than 80 seminars and presentations for a diverse number of groups which include:

• The American Corporate Counsel Association
• American Health Lawyers Association
• The Pharmaceutical Regulatory & Compliance Congress and Best Practices Forum
• State Bar of Texas
  
• Houston Bar Association
  
• The F.B.I.
  
• Texas Attorney General's Advocacy Institute
• The University of Houston
• South Texas College of Law
  
• Texas Tech University
  

Joel was also invited to speak at a Houston Bar Association program entitled "Great Trial Lawyers Tell Their Secrets." He was formerly an adjunct law school professor at University of Houston Law Center and South Texas College of Law, lecturing on white collar crime. Androphy has won 3 writing awards for best article by the Houston Bar Foundation.

Even before joining the Texas Commission for Lawyer Discipline, Androphy was very active in bar leadership. He was formerly President of the Houston Chapter of the Federal Bar Association, an officer and director of the Houston Bar Association, and editor of the Texas Bar Journal and the Houston Lawyer legal magazine. Joel has received two president's awards for his service to the Houston Bar Association as editor of the Houston Lawyer, and as chairman of the Houston Volunteer Lawyers Program.

He has served on three U.S. District Court Merit Selection Committees for U.S. Magistrates, and a Fifth Circuit Court of Appeals Merit Selection Committee for the Public Defender. Androphy is the legal commentator for ABC - Houston and a frequent commentator for CNBC, MSNBC & Bloomberg.

Current Employment Position(s):
Partner, since 1983

Certification/Specialties:
Criminal Law, Texas Board of Legal Specialization

Bar Admissions:
U.S. Supreme Court, 1982
U.S. Court of Appeals 5th Circuit, 1981
U.S. Court of Appeals 11th Circuit, 1981
U.S. Court of Appeals 6th Circuit, 1984
U.S. Court of Appeals 9th Circuit, 2005
U.S. Court of Appeals 3rd Circuit, 2006
U.S. District Court Southern District of Texas, 1979
U.S. District Court Western District of Texas, 1984
U.S. District Court Eastern District of Texas, 1985
U.S. District Court Northern District of Texas, 1982

Education:
South Texas College of Law, Houston, Texas, 1978
J.D., Doctor of Jurisprudence

Clark University, Worcester, Massachusetts, 1975
B.A., Bachelor of Arts

Treatises:
"White Collar Crime:" Civil and Criminal Practice Treatise, 4 volumes with forms on CD ROM , West Group, 2006 (updated annually)

“Federal False Claims Act & Qui Tam Litigation,” Law Journal Press, 2006 (updated semi-annually)

Law Reviews:
"Whistleblower and Federal Qui Tam Litigation - Suing the Corporation for Fraud," 45 S. Tex.L.Rev. 23, 2004

Articles and Other Publications:
"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," Vol. 42 Houston Lawyer 4, January / February 2005

“The Modern-Day Government Informant: Corporations,” 20 Texas Lawyer No. 44, January 2005

"White Collar Crime Update," 66 Texas Bar Journal No. 1, January 2003

"The Boutique Competitive Advantage," 19 Texas Lawyer 33, October 2003

"Bringing Rogues to Justice: The Qui Tam Provisions of the False Claims Act," 65 Texas Bar Journal No. 2, February 2002

"Criminal Prosecutions of Trade Secret Theft: The Emergence of the Economic Espionage Act," 38 The Houston Lawyer No. 1, July-August 2000

"Federal Criminal Appellate Update," State Bar Appellate Advocate Quarterly, 1988-1996, 1998 - 2004

"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," 61 Texas Bar Journal No. 1, January 1998

"General Corporate Criminal Liability," 60 Texas Bar Journal No. 2, February 1997

"Health Care Fraud," 33 Houston Lawyer No. 1, July-August 1995

"Informers in Civil Cases: Keeping the Snitch a Secret," 31 Houston Lawyer No. 5, March - April 1994

"Crimes and Campaign Contributions," 30 Houston Lawyer No. 6, June 1993

"Environmental Crimes," 29 Houston Lawyer No. 4, January 1992

"Immunity," 28 Houston Lawyer No. 4, January 1991

"Money Laundering: The Money Laundering Crimes Act," 28 Houston Lawyer No. 1, July-August 1990

"Avoiding Criminal Exposure While Seeking Bankruptcy Relief," 53 Texas Bar Journal No. 6, 1990

"Mitigating Criminal Exposure In The Bankruptcy Court: The Debtor's Perspective," 44 Consumer Law Quarterly Report No. 4, 1990

"Money Laundering: The Bank Secrecy Act," 27 Houston Lawyer No. 6, May / June (cover article) 1990

"Changes in Bank Fraud Statutes," 27 Houston Lawyer No .4, January 1990

"Mitigating A Client's Criminal Exposure In The Bankruptcy Court," 27 Houston Lawyer No.2, September 1989

"Challenging Federal Grand Jury Investigations: What To Do With What is Left," 26 Houston Lawyer No. 5, April 1989

"Imprisonment for Debt: Civil Debt Collection in the Criminal Courts," 26 Houston Lawyer No. 2, September 1988

"Procedure Before Appellate Courts: A Comparative Overview of the Fifth Circuit and Texas Courts of Appeal," 51 Texas Bar Journal No. 5, March 1988

"The Criminal Cloud Over S.E.C. Investigations of Insider Trading," 25 Houston Lawyer No .5, April (cover article) 1988

"Sentencing Under the New Federal Guidelines," 25 Houston Lawyer No. 4, January 1988

"What Corporate Counsel Needs to Know About Criminal Investigations and Prosecutions," 50 Texas Bar Journal No. 9, October 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

"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

"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

Seminars and Presentations
“Handling State and Federal White Collar Cases including Mail Fraud," University of Houston, September 18, 2008

“A Conversation with the Judges,” Moderator, White Collar Practice for the Business Lawyer and In-House Counsel, South Texas College of Law, July 31, 2008

“Qui Tam Lawsuits and Whistleblowers,” White Collar Practice for the Business Lawyer and In-House Counsel, South Texas College of Law, July 31, 2008

“White Collar Crime and Qui Tam Cases,” State Bar of Texas, In House Counsel Course, July 24, 2008

“White Collar Crime and Qui Tam Cases,” International Association of Defense Counsel, Greenbriar, July 5, 2008

“White Collar Crime and Qui Tam Cases,” State Bar Annual Meeting, June 27, 2008

“White Collar Crime and Qui Tam Litigation,” Federal Bar Association, May 15, 2008

“What Corporations and Executives Need to Know About White Collar Criminal Investigations,” Houston Bar Association, April 10, 2008

“What Corporations and Executives Need to Know About White Collar Criminal Investigations," Eleventh Annual Meeting of the Bar Association of United States District Court for the Eastern District of Texas, October 25, 2007

“What Corporations and Executives Need to Know About White Collar Criminal Investigations,” The Houston Chapter of RIMS Fall Conference, October 19, 2007

“What Civil Lawyers and Corporate Counsel Need To Know About White Collar Crime,” International Association of Defense Counsel Midyear Meeting, February 20, 2007

”Off-Label Promotion,” Food and Drug Law Institute’s Fifth Annual Enforcement and Litigation Conference, February 5, 2007

“Off -Label Qui Tam Lawsuits: How to Avoid Them and What to Do if You Get Sued,“ Fifth Annual Off-Label Usage Conference, Pharmaceutical Education Associates, September 20 - 21, 2006 (Chair of the Seminar and Moderator on several panels)

“The Woman’s Role in the Investigation of Enron,” Houston Woman’s Political Forum, April 3, 2006

“Sentencing Issues,” University of Houston Law School, Houston, February 17, 2006

“Transitions of the Past - Lawyers and Firms that have Survived and Thrived During Past Transitions,” State Bar of Texas, Houston, February 2, 2006

“Conflicts Between Civil and Criminal Investigations,” Mealey’s Environmental Litigation Conference, April 18, 2005

“White Collar Crime,” University of Houston Law School, April 7, 2005

“Bankruptcy Litigation: Advanced Pre-Trial Practice and Procedure Workshop,” University of Texas CLE, January. 20, 2005

“What Pharmaceutical Companies Need to Know About Preventing and Dealing with Qui Tam Cases: Kickbacks, Off-Label Marketing Violations, and Other Crimes,” Pharmaceutical Education Associates, September 21, 2004, Philadelphia, Pennsylvania

“White Collar Crime: What to do When the Government Comes Knocking,” University of Houston - Corporate, Partnership and Business Law, June 10, and 17, 2004, Houston and Dallas, Texas

“White Collar Crime,” University of Houston Law School, March 30, 2004

“White Collar Crime/Qui Tam for Health Care Facilities," Houston Bar Association, Health Care Section, Houston, January 14, 2004

“Whistleblower and Qui Tam Litigation, Advanced In-House Counsel Course," State Bar of Texas, San Antonio, Texas, August 14, 2003

“Qui Tam Litigation, Fraud and False Claims," American Health Lawyer’s Association, San Antonio, Texas, July 1, 2003

“White Collar Crime: What You Should Know if the Government Comes Knocking," Corporate, Partnership, and Business Law Seminar, University of Houston, Houston, Texas, June 19, 2003, Dallas, Texas, June 26, 2003

“Whistleblower and Qui tam Litigation: Suing the Corporation for Fraud," White Collar Crime Conference, State Bar of Texas Annual Meeting, June 13, 2003, Houston, Texas

“Criminalization of Corporate Conduct - Do Gucci’s Go with an Orange Jumpsuit," Texas General Counsel Forum, April 23, 2003, Houston, Texas

“Whistleblower and Qui tam Litigation: Suing the Corporation for Fraud," Business Crimes and Civil Responsibility, South Texas College of Law, April 11, 2003, Houston, Texas

“Are You Working for Free? Payment of Attorney Fees For Criminal Counsel When in Bankruptcy,” Bankruptcy Law Conference, South Texas College of Law, April 10, 2003, Houston, Texas

“Discovery and Strategies in Accounting Fraud and Corporate Malfeasance,” State Bar of Texas, Dallas, March 3, Houston, May 2, and San Antonio, May 23, 2003

“Criminal Liability for Corporations, Executives, and Employees: Strategies, Prevention, Responsibility, Mitigation, and Consequences,” American Corporate Counsel Association, January 10, 2003, San Antonio, Texas

”Lifting the Veil of Sarbanes-Oxley,” NASDAQ sponsored program along with Jackson Walker and PricewaterhouseCoopers, December 5, Houston, Texas, December 6, Dallas, Texas

“Business Crimes in Civil Litigation: Issues in Parallel Proceedings,” Litigation and Trial Tactics, University of Houston Law Center, November 22, 2002, Dallas, Texas, December 6, 2002, Houston, Texas

“Qui Tam Litigation,” Pharmaceutical Regulatory and Compliance Congress and Best Practices Forum, November 15, 2002, Philadelphia, Pennsylvania

“Qui Tam Litigation - Suing the corporation, a Whistleblower’s Jackpot,” White Collar Crime for the Civil Practitioner, State Bar of Texas, November 14 - 15, 2002

“Criminal Liability for Corporations, Executives, and Employees: Strategies, Prevention, Responsibility, Mitigation, and Consequences, Advanced In-House Counsel Course,” State Bar of Texas, July 27, 2002

“White Collar Crime and Enron,” University of Houston Law Center, February 2002

“Environmental Prosecution and Defense in Texas and Louisiana,” American Bar Association, Houston, Texas, January 1, 2001

“White Collar Crime Update,” Federal Practice Seminar, Federal Bar Association, Houston, Texas, September 14, 2000

“Handling Fraud Investigations,” Certified Fraud Examiners, Houston, Texas, September 12, 2000

“Handling Grand Jury Subpoenas, Search Warrants and Law Enforcement Agents," South Texas College of Law White Collar Crime Conference: Business Crimes in State and Federal Court,” South Texas College of Law, May 11, 2000

“Presentation of the Case: Plaintiff’s Perspective," The University of Houston Law Foundation, Advanced Civil Litigation Under the New Rules, Dallas, April 2000

“Admiralty and Maritime Conference at Royston, Razor, Vickery & Williams: Handling Subpoenas, Search Warrants, and Interrogations,” October 16, 1999

“Admiralty and Maritime Law Conference: Recognizing and Defending Against Criminal Liability,” The University of Texas at Austin, Houston, Texas, September 17, 1999

“White Collar Crime: What Every Business Lawyer Needs to Know,” University of Houston Dallas, Texas, August 6, 1999

“White Collar Crime,” American Corporate Counsel Association, Houston, Texas, May 11, 1999

“White Collar Red Flags: What Every Civil Lawyer and Corporate Counsel Should Know,” White Collar Crime Conference, South Texas College of Law Affiliated with Texas A & M University, May 6-7, 1999

“So You Want To Be a Judge,” Texas Women Lawyers Seminar, Houston, Texas, March 26, 1999

“Criminal Exposure for Executives,” BDO Seidman Executive Series of Seminars, March 1999

“Inside Story: Great Texas Trial Lawyers Tell Their Secrets, Trying the High-Profile Case,” Houston Bar Association, January 15, 1999

“Barratry,” Texas District & County Attorneys Association, Elected Prosecutor Conference, Laredo, Texas, December 3, 1998

“Closing Arguments,“ State Bar of Texas 21st Annual Advanced Civil Trial Course, Dallas, Texas, September 4, 1998

“Grand Jury,” Advanced Criminal Law Seminar, Legal Assistants Division, State Bar of Texas, Houston, Texas, May 15, 1998 (article only)

“What Every Civil Lawyer and Corporate Counsel Should Know Representing Individuals," White Collar Crime Conference, South Texas College of Law Houston, Texas, April 24, 1998

"Legislative Update Institute," Criminal Law, Houston Bar Association, September 5, 1997

"Harris County Criminal Lawyers' Association Defender Advocacy Workshop," Opening Statement and Jury Argument, Houston, Texas, April 2, 1997

"White Collar Crime," Houston FBI Legal Conference, Houston, Texas, March 26, 1997

"Corporate Criminal Liability," Advanced Business Litigation Seminar, University of Houston Law Foundation, Houston, Texas, April 25, 1996; and San Antonio, Texas, May 2, 1996

"Criminal Law Issues & Civil Litigation," Mainland Bar Association, League City Merchant's Bank, League City, Texas, April 26, 1996

"Ethics and Maritime Law: Criminal Law Aspects," State Bar of Texas Admiralty and Maritime Law Course, League City, Texas, March 14 - 15, 1996

"Criminal Law Issues in Civil Litigation," State Bar of Texas 18th Annual Advanced Civil Trial Course, Houston, September 1, 1995; Dallas, September 29, 1995; and Austin, Texas, October 13, 1995

"Defending Federal White Collar Crimes," Federal Public Defender Tenth Annual Staff Conference and Seminar, Houston, Texas, August 25, 1995

"Representing a White Collar Client," Houston FBI Legal Conference, Houston, Texas, February 24, 1995

"White Collar Crime," Houston Bar Association, Continuing Legal Education, Houston, Texas, February 17, 1995

"Public Corruption," Houston FBI Conference, Houston, Texas, January 11, 1995

"Parallel Civil and Criminal Proceedings," Northeast Harris County Bar Association, November 17, 1994

"Advanced Evidence and Discovery," Seminar State Bar of Texas, Houston, Texas, November 11, 1994; and South Padre Island, Texas, October 28, 1994

"Aids and the Law," Houston Bar Association, HIV/AIDS Round Table Seminar, Houston, Texas, April 16, 1994

"Ethical Considerations in Preparing for and Defending a Criminal Antitrust Case," Houston Bar Association, Houston, Texas, April 26, 1994

"Grand Jury and Indictments," Advanced Criminal Law Short Course, University of Houston Law Foundation, Dallas, Texas, October 1993

"Bank Fraud," Advanced Criminal Law Seminar, San Antonio, Texas, July 1993

"Criminal Law Issues in Bankruptcy: Mitigating Criminal Exposure in Bankruptcy Court," Eleventh Annual Advanced Business Bankruptcy Course, State Bar of Texas, May 1993

"Criminal Aspects of Discharge ability Proceedings," State Bar of Texas Advanced Bankruptcy Seminar, Houston, Texas, May 1993

"Grand Jury and Indictments," University of Houston, Houston, Texas, November 1992

"Federal Motions," Harris County Criminal Lawyers Association, Houston, Texas, October 1992

"Criminal Law Issues in Civil Litigation," Advanced Civil Law Seminar, State Bar of Texas, San Antonio, Texas, September 1992; and Dallas, Texas, September 1992

"Parallel Civil and Criminal Litigation," Advanced Criminal Law Seminar, State Bar of Texas, Houston, Texas, July 1992

"White Collar Crime and Money Laundering," Advanced Criminal Law Seminar, Texas Criminal Defense Lawyers Association, Cayman Islands, June 1992

"White Collar Crime: Money Laundering," Attorney General's Advocacy Institute, Houston, Texas, March 1992

"Frayed-Collar Crime: Financial Fraud," Advanced Criminal Law Seminars, January 1991

"Houston Bankruptcy Conference: Mitigating A Client's Criminal Exposure In The Bankruptcy Court," Texas State Bar Committee on Minimum Continuing Legal Education, November 1990

"Advanced Consumer Bankruptcy: Working With Criminal Counsel," State Bar of Texas, September 1990

"Bankruptcy Crimes," Houston Bar Association, April 1990

"Civil and Criminal Forfeitures Under Federal and State Law: New Developments," Texas Young Lawyers Association, June 1990

"Advanced Creditor Rights: 5th Amendment," State Bar of Texas, April 1990

"Mitigating Criminal Exposure In Bankruptcy Proceedings," Federal Bar Association, 1989

"The Grand Jury and Your Client," Houston Bar Association, Continuing Legal Education Seminar, May 1989

"Ethics in Criminal Law," American Inns of Court, South Texas College of Law, March 1989

"Criminal Law Institute," Program Co-Chairman, Houston Bar Association, 1987 - 1989

"White Collar Crimes," South Texas College of Law, Criminal Law institute, November / December 1988, Dallas and Houston

"Criminal Law and RICO Issues in a Banking Context," 11th Annual Banking Law Institute, Texas Tech University, April 1988, General Chairman of Federal Practice Institute, Federal Bar Association: How To Prepare For Civil Litigation, How To Deal With Federal Agencies, How to Defend a Criminal Case, June 1987

"Civil RICO," Federal Bar Association, Houston Chapter, Federal Practice Institute, Professional Development Program, June 1987

"What the Civil Practitioner Needs to Know About White Collar Crime," Houston Bar Association, Continuing Legal Education Seminar, December 1986

"Pre-Trial Motion Practice-Injunctions/Extraordinary Relief," State Bar of Texas, Litigation Section, Professional Development Program, April 1983

Honors and Awards:
Houston Press' Best Civil Attorney in the Best of Houston® publication, 2009

Distinguished Alumnus of the Year, 2002

Best Lawyers in America

Super Lawyer, Houston Magazine and Texas Monthly

Outstanding Legal Article, Houston Lawyer, 1985, 1996, 2006

President's Award, Outstanding Service to Houston Bar Association as Editor of the Houston Lawyer, 1990

President's Award, Outstanding Service to the Houston Bar Association as Chairman of the Houston Volunteer Lawyers Program, 1994

President's Citation, Outstanding Service to the State Bar as Chair/Editor of the Texas Bar Journal, 2001

Professional Associations and Memberships:
Commission for Lawyer Discipline, 2001 - 2004

U.S. Fifth Circuit Court of Appeals
Host Committee, 55th Judicial Conference

U.S. Fifth Circuit Court of Appeals
Merit Selection Committee for Public Defender, 1993

United States District Court
Merit Selection Committee for U.S. Magistrates, 1989, 1992, 1997

Houston Bar Association
Editor, Houston Lawyer, 1988 - 1990

Houston Bar Association
Chair, Continuing Legal Education Committee, 1992 - 1993

Houston Bar Association
Officer, Director, 1989 - 1996

Texas Young Lawyers Association
Chairman, Criminal Law Section, 1989 - 1990

Federal Bar Association
President, Houston Chapter, 1986 - 1987

South Texas College of Law
Adjunct Professor, White Collar Crime, 1998 - 1999

Houston Volunteer Lawyer Program
Chairman, 1993 - 1994

University of Houston Law Center
Adjunct Professor, 1994 - 1996

State Bar of Texas
Board of Directors, District 4, Place 6, 1997 - 2000