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James F. Barger, Jr

“Over the course of eight years, Jim was able to prioritize my case when key points arose, and provided counsel in Texas and the east coast. He made himself available after hours, via text, email, and phone. Jim has also been able to not only navigate issues as they arose, but has consistently been able to anticipate issues prior to them occurring. His networking and track record of successful representation speaks for itself.”  — whistleblower client and healthcare executive, Michael Rehfeldt.

 

“Jim Barger, Jr. is an excellent attorney. I trust him, and I have very much faith in him. I know that he has my best interest at heart. He is extremely knowledgeable and personable as well. I would not hesitate to recommend him to anyone.”

former client Denny Silva, CPA

Jim Barger, Jr. is a nationally recognized trial lawyer who handles complex civil and white collar criminal cases, particularly qui tam whistleblower litigation under the False Claims Act. In less than a decade, Jim has recovered over $200 million for his clients and the United States, achieving his first seven-figure civil result within two years of practice and his first eight-figure civil result within four years of practice – most recently he served as lead trial counsel in the largest home health Medicare fraud case in U.S. history, winning $150 million through settlement with Amedisys in April of 2014.

Jim is one of very few attorneys in the country ever to be tapped to serve as a private attorney general for the United States in a jury trial as part of a Department of Justice trial team. Admitted to the United States Supreme Court and multiple federal trial and appellate courts, Jim has litigated qui tam suits in every region of the United States.

Trial Record & Peer Review

Early in his career, Jim Barger gained national recognition as a bold trial lawyer for his role in the highly-publicized trial of Iranian-American contractor Alex Latifi under the International Arms Export Control Act (AECA) and International Traffic in Arms Regulations (ITAR). In the wake of Latifi’s acquittal, Jim and colleages Henry Frohsin and Elliott Walthall became the only attorneys in Alabama ever to receive an award of legal fees against the federal government in a criminal case.

Jim’s pro bono work includes representing death row inmates on appeal where his appellate advocacy and post-trial cross-examination exposed juror misconduct and resulted in the dramatic reversal of the death penalty conviction of James Allen Harrison.

Among only 2.5% of attorneys nationwide distinguished as first “Rising Star” and then “Super Lawyer,” Jim regularly receives the highest designation by multiple peer-review organizations, and since 2012 has consistently been named by his peers as among Alabama’s top 50 plaintiff lawyers.

Admisssions

  • United States Supreme Court
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court Northern District of Alabama
  • U.S. District Court Middle District of Alabama
  • U.S. District Court Southern District of Alabama
  • U.S. District Court of Colorado
  • U.S. District Court for the Eastern District of Wisconsin
  • Pro Hac Vice in multiple federal courts nationwide
  • Alabama State Courts
  • Georgia State Courts

 

 

Education

  • Furman University, B.A., English and Philosphy, 1994
  • University of Mississippi, M.A., Southern Studies, 1996
  • University of Alabama School of Law, J.D., magna cum laude, 2005
    • Senior Editor, Alabama Law Review
    • John A. Cambell Moot Court Board
    • Alpha Epsilon Lambda Professional Honors Society
    • Bench & Bar Legal Honor Society
    • Public Interest Institute Board

Professional Honors & Activities

  • Adjunct Professor of Law, White Collar Practice, University of Alabama School of Law
  • Fellow, Litigation Counsel of America
  • Trustee, University of Alabama School of Law, Farrah Law Society
  • Former Executive-in-Residence, Samford University, Brock School of Business
  • “Litigation Star,” Benchmark Plaintiff (2012-present)
  • “Top Attorney,” Birmingham Magazine (2012) and “Rising Star”Birmingham Magazine (2009)
  • “Super Lawyer,” Super Lawyers (2012-present) and “Rising Star” Super Lawyers (2010-2012)
  • Named one of “The State’s Outstanding Young Lawyers” by Business Alabama Magazine (2010)
  • Senior Editor, Alabama Law Review
  • Board Member, John A. Campbell Moot Court Board
  • Board Member, University of Alabama Public Interest Institute
  • Member, Bench and Bar Legal Honor Society
  • Member, Alpha Epsilon Lambda Professional Honors Society
  • Member, Outdoor Writer’s Association of America
  • Member, Committee for the Future of Children’s Hospital

Jim Barger is often cited in legal sources and consulted by the media and has been quoted and/or had his academic scholarship cited in the following publications:

Law Reviews & Legal Journals

      • Alabama Fellow Jim Barger Wins New Trial in Appeal for Death Row Inmate, 4 Litigation Commentary & Rev. 105 (June/July 2011)
      • Pamala A Bucy, States, Statutes, and Fraud: A Study of Emerging State Efforts to Combat White Collar Crime, 31 Cardozo L. Rev. 1523, 1612+ (2010)
      • Marc S. Raspanti and Palema C. Brecht, The Minnesota False Claims Act: Is it Minnesota Nice?, 14 Bench & Bar of Minnesota (2010)
      • Esther Lee, Cooper v. McClure: The Difficulty of Proving Antitrust Violations and the Need for a False Claims Act, 4 J. Bus. & Tech. 395, 409+ (2009)
      • Michael J. Davidson, VFATA: Virginia’s False Claims Act, 3 Liberty U. L. Rev. 1, 14 (2009)
      • New York State Law Regulations Mandate Effective Compliance Programs for Hospitals, BNA Health Law Reporter (Aug. 6, 2009)
      • Whistleblower Case Involving Turbocharging Goes Forward, BNA Health Care Compliance Guide, Vol 9 (June 15, 2009)
      • Whistleblower-Initiated Enforcement Actions Against Health Care Fraud and Abuse in The United States, 1996-2005, 149 Annals of Internal Medicine 342 (American College of Physicians 2008)
      • Leslie J. Carter, Blowing the Whistle on Avoiding Use Taxes in Online Purchases, 2008 U. Chi. Legal F. 453, 488+ (2008)
      • Raxak Mahat, A Carrot for the Lawyer: Providing Economic Incentives for In-House Lawyers in a Sarbanes-Oxley Regime, 21 Geor. J. Legal Ethics 913 (2008)
      • Leslie J. Carter, Law in a Networked World: Blowing the Whistle on Avoiding Use Taxes in Online Purchases, 2008 U Chi Legal F 453 (2008)
      • Michael Rich, Prosecutorial Indiscretion: Encouraging the Department of Justice to Rein in Out-of-Control Qui Tam Litigation Under the False Claims Act, 76 U. Cin. L. Rev. 1233 (2008)
      • Ryan C. Drake, Corporate Responsibility and State False Claims Acts: Evaluating the Use of Qui Tam Proceedings to Revoke the Charters of Corporate Polluters, 12 Lewis & Clark L. Rev. 267 (2008)
      • A False Claims Act is Finally Enacted in Georgia: What Georgia Lawyers Should Know About the State False Medicaid Claims Act, 13 Ga. Bar J. 12 (2007)
      • Dr. Carl Pacini & Michael Bret Hood, The Role of Qui Tam Actions Under the False Claims Act in Preventing and Deterring Fraud Against the Government, 15 U. Miami Bus. L. Rev. 273 (2007)
      • Dayna Bowen Matthew, The Moral Hazard Problem With Privatization of Public Enforcement: The Case of Pharmaceutical Fraud, 40 U. Mich. J. L. Reform 281 (2007)
      • Geoffrey Christohper Rapp, Beyond Protection: Invigorating Incentives for Sarbanes-Oxley Corporate and Securities Fraud Whistleblowers, 87 B.U.L. Rev. 91 (2007)
      • R. Harrison Smith, A Key Time for Qui Tam: The False Claims Act and Alabama, 58 Ala. L. Rev. 1199 (2007)
      • Pamela A Bucy, Fraud and Federalism: Overlapping Jurisdictions, Overlapping Crimes: Federalism and False Claims, 28 Cardozo L. Rev. 1599 (2007)
      • Christina Orsini Broderick, Qui Tam Provisions and the Public Interest: An Empirical Analysis, 107 Colum. L. Rev. 949 (2007)
      • Pamela A. Bucy, Moral Messengers: Delegating Prosecutorial Power, 59 SMU L. Rev. 321 (2006)

Annotated Statutes

        • Mass. Ann. Laws ch. 12 sec 5C

Books and Treatises

          • 2010 Health Law Handbook 6:3, The Federal False Claims Act and the Fraud Enforcement recovery Act of 2009 (2010)
          • Medicare and Medicaid Fraud and Abuse s 6:11, Medicaid fraud control units (MFCUs) (2010)
          • 21 Andrews Government Contract Litigation Reporter 2 (2008)
          • 13 Andrews Health Care Fraud Litigation Reporter 10 (2008)

Magazines, Newspapers, Online Sources, Periodicals & Television

Publications & Speaking Engagements

  • Panelist – Taxpayers Against Fraud Education Fund National Conference, Washington DC (September 2016)
  • Author – “Life, Death, & Medicare Fraud: The Corruption of Hospice And What the Private Public Partnership Under the False Claims Act is Doing About it” American Criminal Law Review, Georgetown (February 2016)
  • Panelist – “Business of Being a Lawyer” University of Alabama School of Law (January 2016)
  • Panelist – American Association of Justice, Montreal, Canada (July 2015)
  • Symposium Speaker – Georgetown Law Center “Private Justice in Public Enforcement” American Criminal Law Review, Georgetown University, Washington DC (Feb 2015)
  • Faculty – American Bar Association Health Care Fraud National Institute, San Francisco, CA (May 2014)
  • Faculty – “Blowing the Whistle: Qui Tam Actions” Birmingham Bar Association, Birmingham, AL (Feb 2014)
  • Faculty – 13th Annual Taxpayers Against Fraud Education Fund National Conference, Washington DC (Sept. 2013)
  • Faculty – American Bar Association National False Claims Act & Qui Tam Trial Institute, Washington DC (June 2013)
  • Faculty – 12th Annual Taxpayers Against Fraud Education Fund National Conference, Washington DC (Sept 2012)
  • Faculty – American Bar Association International Law Section, Annual Meeting, Washington DC (April 2009)
  • Faculty – American Bar Association National Institute on White Collar Crime, San Francisco, CA (March 2009)
  • Author – “A First-Hand Look at Effective Defense Trial Strategies in a Criminal Arms Export Case,” White Collar Crime 2009, American Bar Association (2009)
  • Faculty– Intellectual Property Law Update, National Business Institute, Birmingham, AL (October 2008)
  • Faculty – American Bar Association Export Controls and Sanctions Committee, Washington DC (July 2008)
  • Co-Host – American Bar Association Intellectual Property Roundtable, Birmingham, Alabama (June 2008)
  • Author – “The Axion Case: How a Rare Defense Victory May Shape the Future Of Arms Export Control Act Prosecutions and Defense Trial Strategies,” BNA White Collar Crime Report, Bureau of National Affairs (2008)
  • Presenter“Government Investigations and Corporations: Three Recent Developments,” Federal Bar Association’s 34th Annual Government Acquisition Symposium, Huntsville, Alabama (November 2006) (with Henry Frohsin)
  • Author “Spotlight: States, Statutes, and Fraud,” False Claims Act & Qui Tam Quarterly Review (2006) (with Bucy, Eubanks, & Raspanti)
  • Author “States, Statutes, and Fraud: An Empirical Study of Emerging State False Claims Acts,” Tulane Law Review (2005) (with Bucy, Eubanks, & Raspanti)

 

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