Joel M. Androphy

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…

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$31 MILLION FOR WHISTLEBLOWERS AND GOVERNMENT

Joel Androphy, David Berg, Sarah Frazier, 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.

Joel Androphy and Sarah Frazier 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.

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.

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Joel Androphy and Sarah Frazier 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.

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Joel Androphy and Sarah Frazier 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 and Sarah Frazier won an acquittal of a U.S. executive accused of Foreign Corrupt Practices Act (FCPA) violations and payments made to officials of a Mexican state-owned electric utility on January 18, 2012, after a jury trial in Houston federal court.

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Joel Androphy and Sarah Frazier 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 and Kathryn Nelson 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 Androphy and Sarah Frazier 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.

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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.

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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.

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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. 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 JournalWashington PostNational Law Journal and other major news archives for October 29, 2002.

Joel Androphy and Sarah Frazier 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.

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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 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 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 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 won a reversal in state court for a doctor charged with criminal contempt.

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.

Joel Androphy won a reversal in the federal court of appeals for an executive charged with counterfeit trafficking under the Trademark Counterfeiting Act.

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 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 negotiated a $2 million settlement on behalf of a major shareholder claiming fraud in the operation of a local bank.

Joel Androphy won an acquittal in federal court for the president of a mortgage firm charged with bank fraud.

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.

 

Joel Androphy’s client testimonials