In recent years, whistleblower lawsuits have led to billions of dollars in judgments and settlements, debarment from government contracts, and criminal prosecutions as the government and the public seek to root out fraud and abuse. In 2010, the Dodd-Frank Act created a new Securities and Exchange Commission Whistleblower Program, imposed a three-year statute of limitations on FCA retaliation actions, and expanded protections for whistleblowers.Federal False Claims Act and Qui Tam Litigation book and CD is a unique guide to this vital area. Unlike many treatises that focus solely on the plaintiff whistleblower or “relator,” this book provides detailed, comprehensive coverage of the interests of all the participants in qui tam cases—the relator, the defendant corporation, the federal and state governments, and the courts. It also provides state-of-the-art analysis of the latest cases and whistleblower statutes, federal, state and municipal.
Topics include: evaluating the merits of a potential action; determining whether the relator would be barred or restricted from any recovery for retaliation; for plaintiffs, locating a favorable judiciary and an aggressive prosecutor's office; for defendants, anticipating, preventing and responding to litigation; determining whether a claim is material; theories of liability under the FCA; government indifference or concurrence with erroneous certification; assessing an appropriate relator's share of any recovery; parallel criminal actions; and more.
Each chapter concludes with detailed analysis of the strengths and weaknesses of significant cases for the relator, the defense, the government and the judiciary. This is a book that will help all parties understand and master the challenges of this important and growing field.
Includes a CD-ROM containing forms and pleadings; guidances and government memoranda; U.S statements of interest; and federal and state statutes and forms.
Book #00681; looseleaf, one volume, 991 pages and one CD-ROM; published in 2011, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-133-0.
Joel M. Androphy is a partner in Berg & Androphy in Houston, Texas. He has extensive involvement in prosecuting national qui tam litigation cases. He served as lead whistleblower's counsel in a qui tam settlement with King Pharmaceuticals that netted the government and 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. As lead counsel and without government intervention, he also settled a case with Rotech Healthcare involving Medicare billings for durable medical equipment. He also settled a military case involving the alteration of expiration data on food products sent to American troops in the Middle East. The settlement netted the client and government about $13.2 million. He 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 in civil fines and an additional $600 million in criminal fines for the government. Androphy is also lead counsel in numerous pending national qui tam cases and tax law prosecutions. Androphy also has extensive involvement defending white-collar cases across the country including securities fraud, foreign corrupt practices, health care fraud, environmental crimes, government procurement, and public corruption. A former adjunct law school professor in white collar crime at University of Houston Law Center and South Texas College of Law, Androphy has written more than sixty articles in numerous legal journals, and lectured across the country in over eighty seminars. He is also the author of a six-volume treatise, White Collar Crime, a practice guide for both civil and criminal lawyers. Mr. 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. He has served as the 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. Mr. Androphy has received two presidents awards for his service to the Houston Bar Association, including pro bono work, and has served on federal judicial Merit Selection Committees. He is a past member of the Board of Directors of the State Bar of Texas and the Texas Commission for Lawyer Discipline. He is listed in the publication Best Lawyers in America, and has been selected as a super lawyer by Texas Monthly (the top 100 lawyers in Texas) and a top lawyer by Houston Magazine. In September 2009, the Houston Press named Androphy the Best Civil Attorney in the 2009 Best of Houston® publication. Mr. Androph's cases have appeared in the New York Times, The Wall Street Journal, People Magazine, The National Law Journal, and other major news publications. He is the legal commentator for ABC-Houston, and a frequent commentator for MSNBC, CNBC, and Bloomberg News.