Trial Lawyers Prosecuting Qui Tam, SEC, and IRS Whistleblower Cases
$13.7 Million to Whistleblower and Government
Whistleblower’s Complaint by attorneys at Berg & Androphy Leads to Settlement on Fraud Charges that Nets Whistleblower and Government About $13.7 Million.
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.
Qui Tam Litigation
The attorneys at Berg & Androphy have extensive involvement in prosecuting qui tam litigation cases. The firm served as lead whistleblower's counsel in qui tam settlements with King Pharmaceuticals that netted the government and the whistleblower about $119 million, and with Pfizer that netted the government and the whistleblower about $46 million, both involving best price and Medicaid fraud issues. The firm, as lead counsel, settled a case with Rotech Healthcare involving Medicare billings for durable medical equipment. The government declined to intervene. The firm recently represented one of the nine whistleblowers in the record setting Eli Lilly qui tam civil lawsuit, an off-label Medicaid fraud marketing case, that netted the government and all whistleblowers about $750 million. The government will also receive an additional $600 million in criminal fines. Also, in national news stories recently featured on the front page of the Los Angeles Times and the cover of the Houston Press, the firm settled a military case that netted the government and whistleblower about $13.7 million. The allegations involved the alteration of expiration dates on food products sent to our US troops in the Middle East.
The firm represents whistleblowers nationwide in many large Medicaid / Medicare health care fraud cases as well as other types of cases involving fraud against the government. The firm handles all cases on a contingency fee basis, meaning that the firm earns a fee only if it is successful for the whistleblower. The firm also represents individuals in white collar civil and criminal cases. Many whistleblowers with inside information may have civil and potentially criminal exposure, and decisions will need to be made about the risks of pursuing a qui tam case. The firm of Berg & Androphy has expertise in both qui tam and white collar matters. Joel M. Androphy is the author of books on both the False Claims Act/Qui Tam laws and White Collar Crime. Most qui tam law firms do not have this dual expertise.
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Qui Tam Frequently Asked Questions
Some questions often asked by whistleblowers about Federal qui tam cases include:
Defendants often ask:
- What is my civil exposure?
- Do I have criminal exposure?
- What are the risks of litigation?
- What are the defenses?
Qui Tam Articles
In order to assist whistleblowers and corporate defendants with these and other questions about the False Claims Act, Joel Androphy has written a book entitled “Federal False Claims Act and Qui Tam Litigation” published by Law Journal Press (2010). Also, the firm has written several published articles on the qui tam laws.
Qui Tam Presentations, Seminars and Videos
The firm has also been involved in many qui tam presentations, seminars and webinars and Joel Androphy has recently completed a comprehensive video series entitled, "National Whistleblower Litigation: Qui Tam, False Claims Act, Dodd-Frank and Tax Cases.
Do you have any questions about the False Claims Act, Tax Fraud or the Financial Fraud Programs and whether or not you have a case?
Berg & Androphy will be happy to evaluate your potential case. The information you provide will by privileged and confidential. We do not, however, become your attorneys simply because you have emailed us or contacted us by phone. With your permission, we will investigate your case to determine whether we are interested in proceeding. If we are interested, we will send you a written agreement. Until a written fee agreement is agreed to and signed, we do not represent you.
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You should be aware that claims of this nature are subject to a statute of limitations. Claims arising under the False Claims Act (qui tam claims) must be filed within six years of the submission of the false claim, or within three years after the government should have learned of the facts underlying the claim, but in no event longer than ten years, whichever occurs last. The area of limitations periods is complex. There are also first to file rules, public disclosure bars, original source issues, and potentially varying limitations on pursuing retaliation claims. Time is critical.
Under the Tax Fraud Program, Congress requires the IRS to conduct an examination and to collect any underpayment of taxes within 3 to 6 years from the date when a tax return was filed. There is no statute of limitation in cases involving tax fraud or evasion. There are also rules regarding public disclosure bars and original source issues. For restrictions on the Financial Fraud Program, visit the Financial Fraud / Qui Tam Cases section of our site.
Our Commitment to You:
We receive many calls and emails about these fraud issues. Although we have a team of TRIAL LAWYERS reviewing your claims, we do not accept all cases. We spend a considerable amount of time reviewing and analyzing all cases. This process includes an investigation of the facts, the law, and sometimes consultation with experts. When we accept a case, we make a major financial and time commitment in pursuing the case. Unlike many law firms, Berg & Androphy is a TRIAL FIRM, and will litigate False Claims Act cases even if the government declines intervention. Many law firms do not have the resources or expertise to pursue a False Claims Act case without government intervention, and will withdraw from representation if the federal and state governments reject the case. When selecting a law firm you should ask about this commitment and expertise. Although we will consider the federal and state governments’ positions, we have the staff and resources to pursue the case without government assistance. Of course, each case will be evaluated based on the particular facts of each case, and a final and independent determination will be made by the Firm about whether to proceed without government assistance.
If we do not take your case, you should not infer from our decision that you do not have a meritorious claim. We are making no representation in this regard, only that given the constraints placed upon the information available, we are unable to pursue this claim. If we decide not to take the case and you wish to pursue your claims you should promptly seek the opinion of another attorney regarding the merits of your claim and the applicable statute of limitations.
When you provide information to Berg & Androphy, we do not become your attorneys. Although the information you provide is privileged and confidential, we do not become your attorneys and we do not represent you until we sign a written agreement.