Attorney Joel M. Androphy

 
Joel Androphy

Joel Androphy

Partner

3704 Travis
Houston, Texas 77002-9550

Phone: (713) 529-5622
Fax: (713) 529-3785
jandrophy@bafirm.com

Recognized as Best Civil Attorney in the Houston Press' 2009 Best of Houston® publication.

 

News Joel Androphy In The News

Practice Areas:
Qui Tam Litigation
White Collar Defense
Commercial Litigation

Watch Video

Joel M. Androphy is a member of the Texas, Colorado, New York and Washington D.C. 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.

Joel Androphy and Sarah Frazier served as Program Directors for the American Bar Association's National False Claims and Qui Tam Trial Institute in Washington DC, from June 5-7, 2013. Joel and Sarah handled the jury selection, opening argument, and closing argument. To learn more about Joel and Sarah's participation in the Workshop, and phases of the "Trial" please view the False Claims Institute's Program Brochure.

Best LawyersIn 2012 and 2013, Joel Androphy and David Berg were selected as New York Top Rated Attorneys by Martindale-Hubbel® and ALM, the Nation's largest publisher of legal media. More Info Learn more about this achievement.

The firm of Berg & Androphy was awarded, in 2013 and 2014, the prestigious "Best Law Firms" Tier 1 Ranking for Multiple Practice Areas by U.S. News & World Report. More Info Learn more about this achievement.


2014 Pull For Kids ClassicJoel and Sheryl Androphy To Be Honored By Child Advocates At 2014 Pull For Kids Classic.
More Info Learn more about this event
More Info Learn More About Fundraiser Honoring Joel And Sheryl Androphy

In September 2009, Houston Press named Joel Androphy the Best Civil Attorney in the 2009 Best of Houston® publication. In October 2010, Joel was selected as one of the Top 75 Plantiffs Lawyers in the country. View a related article, or the list of the top 75 plantiffs attorneys.

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 Info More details...

Criminal Cases
Androphy has represented many high-profile defendants. More Info 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 6 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 40 articles in numerous legal journals, including the Texas Bar Journal, American Corporate Counsel Journal, Consumer Law Quarterly, and Houston Lawyer .

Qui Tam Articles
Androphy's Qui Tam and White Collar Crime articles include:

Seminars & Presentations
Joel Androphy has participated in more than 80 seminars and presentations for a diverse number of groups which include:

Joel was invited to speak at the Corporate Compliance Summit: FCPA 2014: Trends, Tips and Technology for More Defensible Compliance in Houston on November 5, 2013, where he presented “Inside the Defense of the O’Shea Prosecution: What Recent Cases Reveal About the Future of FCPA Enforcement." He was also a guest speaker 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

Federal Court Bar Admissions:
U.S. District Court Southern District of Texas, 1979
U.S. Court of Appeals 5th Circuit, 1981
U.S. Court of Appeals 11th Circuit, 1981
U.S. Supreme Court, 1982
U.S. District Court Northern District of Texas, 1982
U.S. Court of Appeals 6th Circuit, 1984
U.S. District Court Western District of Texas, 1984
U.S. District Court Eastern District of Texas, 1985
U.S. Court of Appeals 9th Circuit, 2005
U.S. Court of Appeals 3rd Circuit, 2006
U.S. Court of Appeals 2nd Circuit, 2010

State Court Bar Admissions:
Texas, 1978
Colorado, 1990
New York, 2008
Washington, D.C., 2011

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
6 volumes with forms on CD ROM , West Group, 2012 (updated annually)

Federal False Claims Act & Qui Tam Litigation
Law Journal Press, 2010 (updated semi-annually)

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

Major News Publications:
The Government’s Dirty Laundry: How Prosecutors Use Money Laundering Laws to Threaten Prison Time, Impose Fat Penalties, and Extract Pleas, Forbes, April 2008

Articles and Other Publications:

Presentations & Seminars:

  • “Inside the Defense of the O’Shea Prosecution: What Recent Cases Reveal About the Future of FCPA Enforcement." Guest Speaker at Corporate Compliance Summit: FCPA 2014: Trends, Tips and Technology for More Defensible Compliance, Houston, Texas, November 5, 2013. More Info More Information, Press Release and Agenda.
  • Served as Program Director for the ABA's National False Claims and Qui Tam Trial Institute in Washington DC, from June 5-7, 2013.
  • "National Whistleblower Litigation: Qui Tam, False Claims Act, Dodd-Frank and Tax Cases," by Joel Androphy. 4 Video Collection.
    More Info Watch Now.
  • "Inside the Defense of the Lindsey Manufacturing, Africa Sting, and O'Shea Prosecutions: What Recent Cases Reveal About the Future of FCPA Enforcement Against Individuals," 28th National Conference on the Foreign Corrupt Practices Act, November 15, 2012
  • KPMG Anti-Bribery and Corruption Share Forum, Houston, Texas, June 25, 2012
  • "The Whistleblowers Among Us: The Implications of the Dodd-Frank Act and Other Government Whistleblower Programs," ABA National Institute on Internal Corporate Investigations and Forum for In-House Counsel, May 18, 2012
  • "The Trial of a Health Care Fraud Case: Trial Practice Demonstration," ABA National Institute on Health Care Fraud, May 11, 2012
  • "Quality of Care: The New Frontier of Health Care Fraud Enforcement," ABA Webinar, May 3, 2012
  • “Parlez-vous Kickback? – The Application of the Foreign Corrupt Practices Act to the Healthcare Arena," ABA 13th Annual Conference on Emerging Issues in Healthcare Law, San Diego, February 22, 2012
  • "The Trial of a Foreign Corrupt Practices Case," Houston Bar Association Securities Law Section, February 14, 2012
  • "Current Legal Events," North Shore Rotary Club, December 9, 2010
  • "How Will Investigations and Lawsuits Arising Under the Qui Tam Provisions of the False Claims Act Affect You and Your Company," ABA 11th Annual Conference on Emerging Issues in Healthcare Law, February 18, 2010
  • "Qui Tam Prosecutions," United States Attorney’s Office, Southern District of Texas, Federal Prosecutors’ Seminar, September 22, 2009
  • "Qui Tam Claims: The Whistleblower Employee Teaming up with the Federal Government," South Texas College of Law, July 17, 2009 (materials only)
  • "Qui Tam Practice, Emerging Trends in Litigation," State Bar of Texas, Padre Island, May 1, 2009
  • "National Pharma Audioconference: Lessons of Eli Lilly's $1.4 Billion Off Label Zyprexa Settlement," March 24, 2009
  • "Trends in White Collar Crime," Houston Commercial Finance Lawyer's Forum, March 3, 2009
  • "Preventing White Collar Prosecutions: Lost Opportunities," International Association of Defense Counsel Midyear Meeting, February 18, 2009
  • "Real Estate Crimes," Houston Bar Association, January 21, 2009
  • "Battling Health Care Fraud: Criminal and Civil Perspectives," West Webinar, December 18, 2008
  • "False Claims Act and Qui Tam Litigation," Commercial Litigation Program, Texas Trial Lawyers Association, Austin, December 3, 2008
  • "Prosecuting and Defending Qui Tam Cases Under the False Claims Act: What it Takes to be Successful," Law Journal Newsletters and Webinar, November 11, 2008
  • "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
  • "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
  • "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
  • "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:

Professional Associations and Memberships:

American Bar Association
Chair, Health Law Section, Fraud and Compliance, 2013 - current

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, 2012

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