Berg & Androphy

Nationwide Qui Tam Litigation, Healthcare Fraud, Medicaid & Medicare Billing Fraud

Berg & Androphy

120 West 45th Street
Tower 45, 38th Floor

New York - Manhattan, NY 10036

Phone(646) 766-0073
Fax (646) 219-1977

Website www.bafirm.com
E-mail  Contact Joel Androphy

Other Offices: Houston, TX  

Law Firm Overview

Berg & Androphy is a national law firm with offices in Houston, Texas, Manhattan, New York, and other cities throughout the U.S., offering a variety of legal services.
Practice areas encompass bankruptcy, commercial litigation, criminal defense including white collar crimes, financial services litigation, intellectual property, international arbitration, oil and gas, plaintiff’s personal injury, pro bono litigation, sports and entertainment law, product liability litigation, qui tam, false claims and U.S./international corruption, structured products and derivatives litigation, and trusts and estates litigation.

Founding partners David Berg and Joel M. Androphy have decades of legal experience and are widely published in material on legal and political topics. Together, they are admitted to multiple State Courts, U.S. Courts of Appeals, U.S. District Courts, and the U.S. Supreme Court. The firm is comprised of highly skilled and knowledgeable attorneys with substantial education and professional credentials.

Berg & Androphy tries big cases, handles even the most complex matters, and does not hesitate to try a case to verdict. The legal team is dedicated to the highest standards of representation and counsel while also pursuing clients’ rights and best interests with dedicated advocacy.


Languages: English

Areas of Law














Additional Areas of Law: Mail Fraud; Obstruction of Justice; Bank Secrecy Act; Bank Crimes; Securities Fraud; Antitrust Offenses; False Entries; False Financial Statements; Financial Privacy Act; Continuing Criminal Enterprise Offenses; Hobbs Act; Travel Act; National Stolen Property Act; Tax Crimes; Bankruptcy Crimes; Export Offenses; Environmental Crimes; Trademark Violations; Copyright Violations; Import & Export Offenses; Environmental Offenses; Pollution Protection Act; Clean Air Act; Clean Water Act; Toxic Substances Control Act; Compensation and Liability Act; Forfeiture; Federal Contempt of Court; Criminal Trade Secret Violations; Public Corruption; Federal Food, Drug and Cosmetic Act Violations; Attorney Liability; Foreign Corrupt Practices Act; Health Care Fraud; Medicaid / Medicare Fraudulent Billing; Defense Contractor / Military / Government Procurement; Prevailing Wage Act; Education Fraud; Scientific Research; SEC & IRS Whistleblower Cases; Drug Injuries; Exposure to Toxins; Forgery; Forfeiture.


Areas of Law Description

- Qui Tam Litigation

The firm of Berg & Androphy has extensive involvement in prosecuting qui tam cases. The firm represents whistleblowers nationwide in many large 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.

- Appeals

Berg & Androphy has successfully represented parties in civil and criminal fraud cases in federal and state appeals. Joel M. Androphy is the author of a 6 volume treatise on white collar crime and a treatise of civil fraud that cite thousands of appellate cases in all jurisdictions around the country.

- Personal Injury

Personal injury litigation can be broken into three broad categories: negligence, intentional acts and strict liability "torts". The word "tort" refers to a legal cause of action -- the wrongful act of another person which entitled an injured party to seek damages through the courts. The attorneys at Berg & Androphy have represented both plaintiffs and defendants in complex personal injury cases.



Partners

Michael M Fay
Partner


Jenny H Kim
Partner




Lawyers

Christopher P Wershoven
Staff Attorney




Of Counsel

James W Quinn
Of Counsel




Associates

Kurt A Emhoff
Associate


Chris L Sprengle
Associate



Affiliations

  • New York State Bar Association
  • Texas State Bar Association
  • American Board of Trial Advocacy
  • International Academy of Trial Lawyers

More Information on Berg & Androphy

Nationwide Qui Tam Litigation Attorneys
New York, NY Education Fraud Qui Tam Lawyer
New York City Healthcare Fraud Lawyers
Defense Contractor Fraud Lawyer, New York, NY
Tarp Financial Fraud Attorney in New York, NY
New York City IRS Tax Fraud Law Firm
Scientific Research Qui Tam Lawyer, New York
Berg & Androphy Blog
Berg & Androphy News and Publications

Articles Published by Berg & Androphy

 Georgia Taxpayer Protection False Claims Act

The Georgia Taxpayer Protection False Claims Act (GTPFCA) went into effect on July 1, 2012. The GTPFCA models the federal FCA, but also contains some provisions that are unique. - [1]—Liability and Damages Provisions - The liability and damages provisions under the GTPFCA are similar to those under the federal FCA. For example, an individual will be liable for knowingly presenting or causing the presentation of a false or fraudulent claim for payment or approval, or...

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 Indiana False Claims and Whistleblower Protection Act

Indiana passed the Indiana False Claims and Whistleblower Protection Act (IFCWPA) in 2005. The IFCWPA generally models the federal FCA, but contains some differences. [1]—Liability and Damages Provisions - Generally, an individual will be liable under the IFCWPA for the same violations as the federal FCA. For example, an individual will be liable for knowingly or intentionally presenting a false claim to the state for payment or approval, or...

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 Illinois Whistleblower Reward and Protection Act

Illinois passed the Illinois False Claims Act (IFCA), previously called the “Illinois Whistleblower Reward and Protection Act,” in 1991. The IFCA models the Federal False Claims Act (FCA), but is different is some aspects. 1]—Liability and Damages Provisions - Generally, an individual will be liable under the IFCA for the same violations as the federal FCA.

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 Colorado Medical Assistance Act

Colorado’s version of the Federal False Claims Act (FCA)2 is the Colorado Medical Assistance Act (CMAA).3 It is also known as the “Colorado Medicaid False Claims Act.”4

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 Connecticut False Claims Act

The Connecticut False Claims Act (CFCA)2 is Connecticut’s version of the Federal False Claims Act (FCA).3 The federal and state statutes are similar in many aspects, but there are some differences between the two.

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 Delaware False Claims and Reporting Act

The Delaware False Claims and Reporting Act2 generally models the Federal False Claims Act (FCA)3. - 1. Liability and Damages Provisions - The liability and damages provisions under the DFCRA are similar to those under the federal FCA. Generally, an individual will be liable under the DFCRA for the same violations as the federal FCA.

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 Georgia False Medicaid Claims Act

Georgia’s version of the Federal False Claims Act (FCA)2 is the Georgia False Medicaid Claims Act (GFMCA).3 The statute was recently amended to look more like its federal counterpart. The changes became effective on July 1, 2012. Generally, the GFMCA models the federal FCA, although there are some differences.

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 Hawaii False Claims Act for False Claims to the State

Hawaii’s state version of the federal False Claims Act (FCA)2 is the Hawaii False Claims Act for False Claims to the State (HFCAS).3

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 The Intersection of the Dodd-Frank Act and the Foreign Corrupt Practices Act

What All Practitioners, Whistleblowers, Defendants, and Corporations Need to Know

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 Prevailing Wage Laws and the False Claims Act

Prevailing wage laws(1) require that contractors and subcontractors who obtain certain government construction and service contracts pay their employees a local minimum amount, commonly referred to as the “prevailing wage.” By: Joel M. Androphyi and Rachel L. Grier

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 Defense Contractor Fraud

The False Claims Act (“FCA”) is particularly important in the area of defense contracts. In fact, the FCA was enacted due to the sever abuses which occurred at the hands of many defense contractors and corrupt officials who fraudulently procured payment for the necessities of war, such as ships, food, supplies, and weapons, to the detriment of the United States military.(1) By: Joel M. Androphyi and Rachel L. Grier

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 Gathering Evidence in Qui Tam Actions

Qui tam whistleblowers first discover fraud against the government in a variety of different ways; some learn it from a business owner’s own statements while others witness it in caring for a patient who has patently not received a billed-for treatment.

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 District of Columbia Procurement Reform Amendment Act

The District of Columbia passed the Procurement Reform Amendment Act (“PRAA”) in 1996.2 In 1997, it passed the Emergency Amendment Act, which increased the penalties of the PRAA’s civil false claims and added qui tam provisions.3 The PRAA models the FCA, but also contains some provisions that are unique.

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 New York City False Claims Act

On May 19, 2005, Mayor Michael Bloomberg signed the New York City False Claims Act (the “NYCFCA”) into law.2 The NYCFCA became effective on August 19, 2005 and will remain in effect until June 1, 2012.3 New York City passed the ordinance because the city distributes funds through “one of the largest budgets in the United States” and the payment of false or fraudulent claims has “considerable impact upon the city’s treasury.”

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 Florida False Claims Act

The Florida False Claims Act was enacted in 1994.(1) The liability and damage provisions of the Florida FCA are identical to its federal counterpart, except for two key differences. This article will explain the key differences in this legislation and the various procedural requirements.

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 California False Claims Act

California has independent qui tam laws and procedures. The California False Claims Act (the “CFCA”) was enacted in 1987, making it one of the oldest state false claims act. Numerous cases have been litigated pursuant to the California False Claims Act (the “California FCA”)1. Thus, California courts have had ample opportunity to interpret provisions of the California FCA.

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 Survey of Penalties and Damages in False Claims Act Cases

Because Section 3729(a) of the FCA requires courts to impose a penalty for each false claim, inevitably cases will exist in which courts must hold FCA defendants liable for substantial penalties even where actual damages to the government are minimal or nonexistent.

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 Survey of Damages in False Claims Act Retaliation Cases

The FCA protects a potential relator from retaliation for “lawful acts done . . . in furtherance of an action under this section, including investigation” and provides “all relief necessary” to make him or her “whole.”

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 False Claims Act Penalties

The 1986 amendments set the range of civil penalties for violations of the False Claims Act (“FCA”) from $5,000 to $10,000, in addition to trebling actual damages.

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 False Claims Act Damages

The FCA was enacted to provide restitution to the Government for losses sustained as a result of fraud. The statute authorizes the award of actual damages and civil penalties to ensure that the Government is made whole for losses caused by fraudulent acts.

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 Best Value and the False Claims Act

Background There are several types of Capital Medical Equipment (“CME”) that are routinely sold to hospitals and healthcare organizations, including Magnetic Resonance Imaging Scanners (“MRI”), Computed Tomography Scanners (“CT Scanners”), and ultrasound equipment. These products represent a major portion of CME purchases that hospitals and healthcare organization make each year.

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 Pharmaceutical Best Price Obligations and the False Claims Act

Federal law proscribes that drug manufacturers pay rebates to the states to insure that the Medicaid program is receiving the best price on covered drugs. When manufacturers determine the best price, they must include cash discounts, free goods, volume discounts, and rebates given on the covered drug. [1]

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 Government Procurement Fraud and the False Claims Act

General Comments Contracts with the Government can encompass a variety of agencies and departments. Many of the reported cases involve contracts with the Department of Defense (“DOD”), the Department of Veterans Affairs (“DVA”), the Department of Housing and Urban Development (“HUD”), the National Aeronautics and Space Administration (“NASA”), and the General Services Administration (“GSA”), among other procuring agencies.

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 Defective Medical Devices and the False Claims Act

Federal and state laws require medical devices shipped and sold in the United States to be safe, effective, and reliable, and to perform as represented and to specifications. Medical device manufacturers are subject to mandatory and stringent controls over product design, manufacture, process changes, rework, specifications, specifications changes, and quality control. [1]

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 The Criminal Cloud over S.E.C. Investigations of Insider Trading

Your client, a respected real estate attorney, receives a subpoena duces tecum from the Securities and Exchange Commission (S.E.C.) requesting all documents relating to her purchase and sale of the stock of X.Y.Z., Inc.

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 Federal Qui Tam Litigation: The Governement's Watchdog

"If there has been any crime, it must be prosecuted. If there has been any property of the United States illegally transferred or leased, it must be recovered. . . . I propose to employ special counsel of high rank drawn from both political parties to bring such actions for the enforcement of the law.” Calvin Coolidge, Statement on the Teapot Dome Scandal.

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