James F. Barger, Jr.

Top rated White Collar Crimes attorney in St. Simons Island, Georgia

Frohsin, Barger & Walthall
James F. Barger, Jr.
Frohsin, Barger & Walthall

Practice Areas: White Collar Crimes, Health Care; view more

Licensed in Georgia since: 2005

Education: The University of Alabama School of Law

Selected to Super Lawyers: 2013 - 2018, 2020 - 2025 Selected to Rising Stars: 2010 - 2012
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Frohsin, Barger & Walthall

100 Main St
St. Simons Island, GA 31522 Visit website

Details

Attorney James F. Barger, Jr., is a partner with the Frohsin Barger & Walthall law firm, which has offices in Birmingham, Alabama, Santa Rosa Beach, Florida, and St. Simons Island, Georgia. Serving clients throughout Alabama and Georgia, Mr. Barger devotes his practice primarily to handling high-stakes, highly complex qui tam whistleblower litigation under the False Claims Act, especially as it relates to Medicare and Medicaid fraud, pharmaceutical fraud, financial fraud, government contractor fraud, and customs and trade fraud.

Over the course of his more than 14-year legal career, Mr. Barger has established himself as a leading authority on qui tam whistleblower claims, and he has recovered millions of dollars in settlements and awards on behalf of his clients. He has worked on some of the largest Medicaid and Medicare hospice fraud cases in the country, obtaining settlements of $150 million and $75 million against two prominent home health care companies, along with many other substantial recoveries.

In addition to maintaining a successful trial practice, Mr. Barger also routinely consults companies on health care fraud liability and compliance to help them mitigate their risk exposure and avoid any potential problems in the future.

Drawing upon his extensive legal knowledge, he has served on the adjunct legal faculty at the University of Alabama School of Law, where he has facilitated classes involving the False Claims Act, white collar crime investigations, health care fraud and other subjects. He has also published several articles in various legal journals and conducted numerous lectures and seminars across the country on a variety of topics. Most recently, he helped author the update to the Health Care Fraud, Enforcement and Compliance treatise.

In recognition for his outstanding professionalism and service, Mr. Barger has earned consistent designation from The Best Lawyers in America©, and Benchmark Plaintiff has named him a "Litigation Star" each year since 2012. He has also received a "Top Attorney" designation from Birmingham Magazine, and Business Alabama Magazine voted him among “The State’s Outstanding Young Lawyers” in 2010. He is also a Fellow with the Litigation Counsel of America, and he is one of a select few attorneys in the nation to serve as private attorney general for the U.S. Department of Justice.

Mr. Barger graduated from Furman University in 1994 and earned his master's degree from the University of Mississippi in 1996. Upon deciding to pursue his legal career, he attended the University of Alabama School of Law, where he obtained his Juris Doctor magna cum laude in 2005. He is admitted to practice before all U.S. District Courts in Alabama, the District of Colorado and the Eastern District of Wisconsin as well as the U.S. Court of Appeals for the 7th and 11th Circuits and the U.S. Supreme Court.

While in law school, he served as senior editor for the Alabama Law Review and was an active member of the John A. Campbell Moot Court Board. He was also a member of the Alpha Epsilon Lambda Professional Honors Society, the Bench And Bar Legal Honor Society and the Public Interest Institute board. He currently serves as Trustee for the University of Alabama School of Law's Farrah Law Society.

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Practice areas

Criminal Defense: White Collar, Health Care

Focus areas

Health & Health Care Law

  • 50% Criminal Defense: White Collar
  • 50% Health Care

First Admitted: 2005, Georgia

Professional Webpage: https://frohsinbarger.com/staff/james-barger/

Bar/Professional Activity:
  • Alabama State Courts
  • Georgia State Courts
  • Pro Hac Vice in multiple federal courts nationwide
  • U.S. District Court for the Eastern District of Wisconsin
  • Faculty, American Bar Association, National Insititute on White Collar Crime; Faculty, American Bar Association, National Institute on International Law
  • U.S. District Court of Colorado
  • U.S. District Court Southern District of Alabama
  • U.S. District Court Middle District of Alabama
  • U.S. District Court Northern District of Alabama
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • United States Supreme Court
Verdicts/Settlements (Case Results):
  • Recovered $3 Million in Ground-breaking federal Anti-Dumping Import Duty Circumvention Fraud Action, 2016
  • Won $1.45 Million from Hospital System for Alleged Unlicensed Physician Scheme, 2019
  • Secured $1,000,000 from Hospice Company for False Claims Act Allegations, 2020
  • Recovered $622,000 From Long-Term Care Pharmacy, 2022
  • Won Over $1.3 Million Settlement From Post-Acute Care Corporation for False Claims Act Violations, 2023
  • Obtained confidential settlement in groundbreaking tort of outrage case against national insurance company, 2007
  • Won $2 Million Settlement form Regional Durable Medical Equipment Provider (DME) in Non-Intervened False Claims Act Qui Tam Action, 2012
  • Reported Cases: United States v. Certain Real Prop., 579 F.3d 1315 (11th Cir. 2009); United States v. Certain Real Property, 566 F. Supp. 2d 1252 (N.D. Ala. 2008); United States v. Certain Real Property, 543 F. Supp. 2d 1291 (N.D. Ala. 2008); United States v. Latifi, 2007 U.S. Dist. LEXIS 97554 (N.D. Ala. June 11, 2007); Taylor v. Sanibel, 2007 U.S. Dist. LEXIS 33219 (S.D. Ala. 2007); Pigott v. Sanibel, 508 F. Supp. 2d 1028 (S.D. Ala. 2007); State of Alabama v. Abbott Labs, et al., 2006 U.S. Dist. LEXIS 80446 (M.D. Ala. 2006)
  • Obtained multiple confidential settlements against national product manufacturers and distributors and other joint tortfeasors in catastrophic brain injury case, 2010
  • Won Alabama Supreme Court appeal in death penalty case, reversing judgment and obtaining new trial for death row inmate (pro bono), 2010
  • Won country's first ever jury result in False Claims Act Medicare Hospice trial.  Case remains pending on appeal., 2016
  • Settled $18 Million Medicare Fraud False Claims Act Whistleblower Case, 2016
  • Recovered Nearly $26 Million for His Clients and the United States under the federal False Claims Act Whistbleblower Qui Tam Provisions, 2016
  • Won acquittal at trial in ground-breaking Arms Export Control and ITAR trial and award of attorneys' fees for wrongfully accused Iranian-American defense contractor regarding Blackhawk helicopter parts, 2008
  • Obtained a confidential settlement against a Fortune 500 company regarding large government defense contracts, 2010
  • Obtained $644,000 settlement for parents of murder victim regarding proceeds of life insurance policy, 2009
  • Won Summary Judgment in $2.7 Million Fraud Case, 2011
  • Won largest ever False Claims Act Whistleblower Medicare Hospice Case, Recovering $75 million against Vitas Hospice, superseding his own previous record Medicare Hospice Fraud Recovery, 2017
  • Recovered over $76 million for the United States and his clients under the Federal False Claims Act Whistleblower Provisions, 2017
  • Settled the largest Medicare Hospice Fraud in U.S. history, recovering nearly $25 Million, 2009
  • Obtained summary judgment in Lanham Act and Sherman Act class action suit on behalf of multi-national Fortune 500 corporation, 2007
  • Obtained restitution settlement against the United States for prosecutorial misconduct and alleged Brady v. Maryland violations, 2010
  • Obtained reversal of Honest Services Wire Fraud conviction in high-profile Habeas Corpus Appeal, 2011
  • Won $150 million Settlement against Amedisys Home Health in largest ever Medicare Home Health Fraud False Claims Act Whistleblower Action, 2014
Pro bono/Community Service:
  • Chairman of Board, The Gathering Place, a community non-profit outreach organization serving middle school, high school, and college students in coastal Georgia; Vice Chairman of the Board, St. Simons Land Trust, a land trust alliance accredited non-profit preserving over 1,000 acres of rare ecosystems, maritime forrest, streams, and marshlands along the Georgia coast,  Board member, One Hundred Miles, a non-profit advocacy group, dedicated to preserving and protecting Georgia's 100 mile coastline
Honors/Awards:
  • Board Member, University of Alabama Public Interest Institute
  • Member, Outdoor Writer’s Association of America
  • Member, Alpha Epsilon Lambda Professional Honors Society
  • Member, Bench and Bar Legal Honor Society
  • Senior Editor, Alabama Law Review
  • Board Member, John A. Campbell Moot Court Board
  • Named one of “The State’s Outstanding Young Lawyers” by Business Alabama Magazine (2010)
  • “Top Attorney,” Birmingham Magazine (2012) and “Rising Star”Birmingham Magazine (2009)
  • “Super Lawyer,” Super Lawyers (2012-present) and “Rising Star” Super Lawyers (2010-2012)
  • “Litigation Star,” Benchmark Plaintiff (2012-present)
  • Fellow of the Litigation Counsel of America, named a Top Attorney by Birmingham Magazine, twice designated a Rising Star by Alabama Super Lawyers, named one of Alabmama's Outstanding Young Lawyers by Business Alabama, and co-founder of firm named the "Litigation Advisory Firm of the Year in Alabama" by CorporateINTL Magazine; Longtime Adjunct Professor of Law at University of Alabama School of Law; Trustee of University of Alabama Farrah Law Society; Senor Editor of the Alabama Law Review and John A. Campbell Moot Court Board, Public Interest Institute, and Bench & Bar Legal Honor Society; Designated an Executive-in-Residence at Samford University's Brock School of Business, 2018
  • Best Lawyers, featured in U.S. News & World Report
  • Former Executive-in-Residence, Samford University, Brock School of Business
  • Trustee, University of Alabama School of Law, Farrah Law Society
  • Adjunct Professor of Law, White Collar Practice, University of Alabama School of Law
Educational Background:
  • University of Mississippi, Oxford, MS, Master of Arts, 1996
  • Furman University, Greenville, South Carolina, Bachelor of Arts in English & Philosphy, 1994
  • University of Alabama School of Law, Juris Doctor, magna cum laude, 2005
Scholarly Lectures/Writings:
  • A two-volume treatise, comprising nearly 2,000 pages, Health Care Fraud: Enforcement and Compliance is considered to be the most complete, essential and up-to-date guide for criminal and civil lawyers, law enforcement officials, health care providers and anyone interested in the health care industry, including the latest anti-fraud initiatives from Congress, enforcement agencies and the private bar; advice on criminal law and procedures that health care lawyers cannot afford to ignore; and point-by-point analysis of key decisions, laws and regulations.  Together with his co-writers and editors, Barger updates this treatise twice a year.  Published by Law Journal Press., Writer/Editor, Health Care Fraud: Enforcement & Compliance, Healthcare, Legal, Judcial, 2023
  • Author, “A First-Hand Look at Effective Defense Trial Strategies in a Criminal Arms Export Case”, White Collar Crime, American Bar Association, 2009
  • Speaker, ABA Internal Law Section Annual Meeting, Washington, DC, 2009
  • Speaker, ABA White Collar Crime Annual Institute, San Francisco, California, 2009
  • Speaker, Intellectual Property Law Update, National Business Institute, 2008
  • Speaker, ABA Export Controls and Sanctions Committee, Washington, DC, 2008
  • Speaker, Intellectual Property Law Update, National Business Institute, 2008
  • Speaker, ABA Intellectual Property Roundtable, Birmingham, Alabama, 2008
  • The first and most-cited empirical survey and study of state false claims acts with comparison and contrast to the federal False Claims Act., Co-Author, "States, Statutes, and Fraud: An Empirical Study of Emerging State False Claims Acts", Tulane Law Review, 2005
  • Author, The Axion Case: How a RareDefense Victory May Shape Future Arms Export Control Act Prosecutions and Defense Trial Strategies, BNA White Collar Crime Report, Bureau Of National Affairs, 2008
  • Government Investigations and Corporations: Three Recent Developments, Presenter, Federal bar Association's 34th Annual Government Acquisition Symposium, Huntsville, Alabama, 2006
  • Author, Spotlight: States, Statutes, and Fraud, False Claims Act & Qui Tam Quarterly Review, 2006

Office location for James F. Barger, Jr.

100 Main St
St. Simons Island, GA 31522

Phone: 205-543-7899

Selections

12 Years Super Lawyers
3 Years Rising Stars
  • Super Lawyers: 2013 - 2018, 2020 - 2025
  • Rising Stars: 2010 - 2012

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