Andrew W. Schilling
Partner
- p. 212.600.2330
- f. 212.600.2405
- aschilling@buckleysandler.com
Biography
Andrew W. Schilling, a partner at BuckleySandler LLP, leads the New York office’s government enforcement practice. Mr. Schilling represents entities and individuals facing government enforcement actions and complex civil litigation, and his practice includes the defense of False Claims Act and FIRREA matters, white-collar criminal matters, and internal investigations. Prior to joining BuckleySandler, Mr. Schilling served as Chief of the Civil Division at the U.S. Attorney’s Office for the Southern District of New York. In that role, 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, 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 Southern District of New York. 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.
Mr. Schilling first joined the U.S. Attorney’s Office for the Southern District of New York in 1997 as an Assistant U.S. Attorney. 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, civil rights, employment discrimination, First Amendment and official 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
CFPB Consumer Complaint Process Examination
Assisting global financial services firm with preparation for joint examination by the OCC and CFPB regarding their customer complaint management process.
Internal Investigation into Whistleblower Allegations
Confidential representation of the board committee of a regional bank in an internal investigation into whistleblower allegations.
Represented FHA Mortgage Lender in Civil Fraud Investigation by DOJ and HUD OIG
Confidential representation of an FHA mortgage lender in a civil fraud investgation by the Department of Justice and the HUD Office of Inspector General.
Representation of a global automobile parts manufacturer in litigation brought against hedge funds and investment banks in the United States Bankruptcy Court for the Southern District of New York alle... MORE
Represented Individual and Trust in SEC Enforcement Litigation
Representation of an individual and trust in SEC enforcement litigation in the United States District Court for the District of New Jersey alleging insider trading and reporting violations.
Represented National Bank in False Claims Qui Tam Lawsuit
Representation of a national bank in a false claims act qui tam lawsuit in the United States District Court for the District of New Jersey.
Publications
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Little-known Statute May Breathe New Life into False Claims Act Cases Against Financial Institutions
Thomson Reuters Accelus, April 18, 2013
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FCA Allows Treble Damages - 'But Treble What?'
Law360, March 26, 2013
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Finally, 8 Factors Governing FIRREA Civil Penalty Awards
Law360, March 12, 2013
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Dodd-Frank Anti-Retaliation Provision May Lead to More Lawsuits That Raise Compliance Issues
BNA's Corporate Counsel Weekly, February 20, 2013
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U.S. Using Subpoenas Under 1989 Act as New Tool to Probe Financial Firms
Reuters Financial Regulatory Forum, January 3, 2013
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New York Becoming the Leading Venue for Financial Fraud Whistleblower Suits
BNA's Banking Report, December 18, 2012
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DOJ Increasingly Pursuing Monetary and Non-Monetary Relief in Civil Enforcement Actions
Westlaw Journal: White-Collar Crime, September 12, 2012
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Whistle-Blower Bounties May Encourage Residential Mortgage-Backed Securities Fraud Reporting
Westlaw Journal: Bank & Lender Liability, August 27, 2012
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Understanding FIRREA's Reach: When Does Fraud "Affect" a Financial Institution?
BNA's Banking Report, July 24, 2012
Knowledge & Insights
In The News
Speaking Engagements & Events
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BuckleySandler Webinar: Whistleblowers 101 - DOJ, SEC, and CFPB Enforcement Trends
April 11, 2013
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False Claims Act: Enforcement and Compliance Issues Explored: Live Webcast
March 13, 2013
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United States v. S&P: Understanding FIRREA's Reach and Limitations
February 21, 2013
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STAGE Network Webinar: The RMBS Working Group - Where Do Things Stand, Today?
January 24, 2013
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November 16, 2012
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Anti-Bribery: The Changing Anti-Corruption Environment in Key Jurisdictions
October 24, 2012
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July 26, 2012
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Civil Enforcement Cases: Emerging Trends and Issues in the Wake of the Financial Crisis
May 24, 2012
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The Civil Frauds Enforcement Landscape: Recent Developments and Trends
March 21, 2012
