att name

Andrew W. Schilling

Partner

  • p. 212.600.2330
  • f. 212.600.2405
  • aschilling@buckleysandler.com

Biography

Andrew Schilling heads the firm’s New York office and is a leader of the firm’s False Claims Act and FIRREA practice.  He represents companies and individuals facing government investigations, government enforcement actions, and complex civil litigation. He regularly represents clients in responding to civil fraud investigations and other investigations and inquiries by the Department of Justice, United States Attorney’s Offices, HUD-OIG, FHFA-OIG, the Federal Trade Commission (FTC), the SEC, state attorneys general, and the CFPB.  He also handles complex litigation in the federal and state courts of New York. Mr. Schilling is a former Assistant U.S. Attorney and Chief of the Civil Division at the U.S. Attorney’s Office for the Southern District of New York. As Civil Chief, he established that office’s Civil Frauds Unit, which investigates and prosecutes complex financial fraud cases, including health care fraud and mortgage fraud cases, and directly supervised several nationally significant financial fraud lawsuits against major financial institutions.

As Chief of the Civil Division of the SDNY, Mr. Schilling oversaw an office of approximately 125 employees, including 57 Assistant United States Attorneys and 8 specialized units. The Civil Division represents the United States and its agencies and officials in affirmative and defensive civil litigation in the federal and state courts within the SDNY. As Civil Chief, Mr. Schilling reviewed and approved all civil lawsuits, settlements, press releases, and Civil Investigative Demands; he assigned all cases and investigations; and he coordinated parallel civil proceedings with the office’s Criminal Division. As a member of the office’s senior leadership, Mr. Schilling also served on the United States Attorney’s executive staff, and participated in office-wide policy, personnel, budget, and administrative decisions.

Representative matters include:

  • Representation of top 20 mortgage servicer in connection with False Claims Act (FCA) investigation of its loss mitigation and servicing practices by the Department of Justice, HUD-OIG, and the United States Attorney’s Office for the Northern District of Illinois. Following its investigation, the government declined to intervene and the case was dismissed.
  • Representation of multiple indirect auto finance companies in federal and state investigations into subprime auto loan origination and securitization practices.
  • Representation of mortgage lender in Fair Housing Act lawsuit in the United States District Court for the Southern District of New York, resulting in a favorable, early settlement. 
  • Representation of a national financial services firm in a False Claims Act qui tam investigation by the U.S. Attorney’s Office for the Southern District of New York.   Following investigation, the government declined to intervene in the case and the case was dismissed.
  • Representation of a committee of the board of directors of a top regional bank in an internal investigation into whistleblower allegations.
  • Representation of multiple top 20 banks in False Claims Act and FIRREA investigations by the United States Department of Justice and United States Attorney’s Offices into mortgage lending and servicing practices.
  • Representation of New York mortgage lender in FIRREA lawsuit brought by the U.S. Attorney’s Office for the Eastern District of New York.
  • Representation of U.S. Bank in False Claims Act qui tam litigation in the Eastern District of Michigan, resulting in dismissal of all claims. United States ex rel. Brown v. Five Brothers Mortgage Company Services & Securing, Inc., et al., 15-cv-12590 (E.D. Mi.)
  • Representation of multiple banks in connection with DOJ’s “Operation Choke Point” FIRREA investigation into payment processing.

Mr. Schilling began his career at the Department of Justice as an Assistant U.S. Attorney (AUSA)  for the Southern District of New York in 1997. His significant matters in that office include serving as lead counsel for the United States in the enforcement of the Government's civil RICO consent decree with the Teamsters Union; defending Special Master Kenneth R. Feinberg in consolidated lawsuits challenging the regulations governing the September 11 Victim Compensation Fund; and defending, including at trial before a three-judge panel, the constitutionality of the federal criminal laws banning the transmission of obscenity to minors over the Internet. In 2003, Mr. Schilling was appointed as Chief of the office's Civil Rights Unit, where he supervised and handled both civil and criminal civil rights cases and investigations, and served as that office's chief point of contact for the Justice Department, the FBI, and the EEOC in civil rights matters.

Mr. Schilling is an experienced trial attorney.  As an AUSA, he handled jury trials and bench trials in bankruptcy, organized crime, Fair Housing Act, employment discrimination and retaliation, First Amendment and official law enforcement misconduct cases, and represented the United States in more than a dozen appeals before the United States Court of Appeals for the Second Circuit.

From 2007 to 2010, Mr. Schilling was a litigation partner at a New York law firm, where he represented corporations and individuals in complex financial litigation and government enforcement litigation. From 1994 until 1997, Mr. Schilling was an associate in private practice where he concentrated in product liability, intellectual property, and insurance coverage litigation.

In 2006, Mr. Schilling was awarded the Henry L. Stimson Medal by the Association of the Bar of the City of New York for outstanding service as an Assistant U.S. Attorney. He also received commendations by the Civil Rights Division of the Justice Department for his work enforcing the Americans with Disabilities Act, and by the Civil Division of the Justice Department for his work on the September 11 Victim Compensation Fund litigation.

Mr. Schilling has served as an adjunct professor at Fordham Law School and at New York University School of Law. Mr. Schilling also serves as a court-appointed mediator for the United States District Court for the Southern District of New York and on the Local Rules Committee of the SDNY.

Mr. Schilling graduated from the College of the Holy Cross in 1988 and received his law degree cum laude from Fordham University School of Law in 1992, where he was a member of the Order of the Coif and served as an Associate Editor of the Fordham Law Review. After law school, Mr. Schilling clerked for the Honorable Joseph M. McLaughlin of the United States Court of Appeals for the Second Circuit.

Significant Representations

Publications

In The News

Speaking Engagements & Events

Awards & Recognition

  • Legal 500 2016: Recognized in the Litigation - White-Collar Criminal Defense practice area
  • Legal 500 2015: Recognized in the Litigation - White-Collar Criminal Defense practice area
  • Legal 500 2014: Recognized in the Litigation - White-Collar Criminal Defense practice area
  • Super Lawyers 2013-2016, New York Metro: General Litigation