Andrew Schilling heads the firm’s New York office and is a leader of the firm’s False Claims Act & 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 by the U.S. Department of Justice (DOJ), United States Attorney’s Offices, the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), state attorneys general, and federal agency inspectors general. Mr. Schilling also regularly and conducts internal investigations into whistleblower claims alleging fraud and other misconduct.
Mr. Schilling is a former Assistant U.S. Attorney (AUSA) and Chief of the Civil Division at the U.S. Attorney’s Office for the Southern District of New York (SDNY). As Civil Chief at the SDNY, he established and led that office’s Civil Frauds Unit, which investigates and prosecutes complex financial fraud cases, and supervised several nationally significant health care fraud and mortgage fraud investigations and lawsuits. As Civil Chief, he also supervised an office of approximately 125 employees, including 57 Assistant U.S. Attorneys. Mr. Schilling also served as Chief of the Civil Rights Unit of the SDNY, supervising and handling both civil enforcement actions, including under the ADA and the Fair Housing Act, and criminal civil rights prosecutions.
Mr. Schilling is an experienced trial and appellate attorney, and regularly defends companies in False Claims Act qui tam litigation and employment litigation, including actions in federal and state court alleging unlawful discrimination and retaliation. As an AUSA, he handled jury trials and bench trials in bankruptcy, civil rights, employment discrimination, retaliation, and law enforcement misconduct cases. He has also argued more than a dozen federal and state appeals.
Noteworthy matters include the representation of:
- Multiple top mortgage lenders and servicers in False Claims Act and FIRREA investigations by the United States Department of Justice and United States Attorney’s Offices, including the representation of PHH Corp. in a multi-district False Claims Act and FIRREA investigation, resulting in a $74 million settlement of all claims; the representation of U.S. Bank, N.A., in United States ex rel. Advocates for Basic Legal Equality v. U.S. Bank, N.A., 816 F.3d 428 (6th Cir. 2017), resulting in a declination by the government and ultimate dismissal of all claims; and the representation of Intercontinental Capital Corp, in a FIRREA investigation by the U.S. Attorney’s Office for the Eastern District of New York., which resulted in a favorable, pre-suit settlement
- Multiple indirect auto finance companies in DOJ and state AG investigations into subprime auto loan origination and securitization practices
- A bank in successive DOJ and CFPB investigations into payment processing practices, resulting in declinations by both agencies
- A university in state and federal court litigation brought by professors and students
- A mortgage lender in a Fair Housing Act (FHA) lawsuit in the United States District Court for the SDNY, resulting in an early, pre-discovery settlement
- A national financial services firm in a False Claims Act qui tam investigation by the U.S. Attorney’s Office for the SDNY, resulting in a declination by the government and voluntary dismissal by the relator
- A committee of the board of directors of a top regional bank in an internal investigation into whistleblower allegations
- A research university in a False Claims Act qui tam investigation relating to grant funding
- Multiple banks in connection with DOJ’s “Operation Choke Point” FIRREA investigation into payment processing, all resulting in declinations
- 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
- An auto finance company in a CFPB investigation into loan servicing practices, resulting in a declination
Mr. Schilling has served as an adjunct professor of law at Fordham Law School and at New York University School of Law. He has also served as a court-appointed mediator for the United States District Court for the SDNY, as a member of the Second Circuit Pro Bono Panel, and as a member of the Local Rules Committee of the SDNY.
Mr. Schilling received his B.A. from the College of the Holy Cross and his J.D. from Fordham University School of Law. After law school, Mr. Schilling clerked for the Honorable Joseph M. McLaughlin of the United States Court of Appeals for the Second Circuit.
11th National Institute on the Civil False Claims Act and Qui Tam Enforcement: Ethics in Qui Tam Litigation
Andrew Schilling spoke at the 11th National Institute on the Civil False Claims Act and Qui Tam Enforcement on Friday, June 10, 2016 in Washington, DC. His panel was titled "Ethics in Qui Tam Litigation." Click here to learn more about the event.Speaking Engagement
Andrew Schilling and David Baris participated in the ALI-CLE webinar "Defending Bank Directors and Officers from Civil and Criminal Liability," on Wednesday, February 4, 2015. Mr. Schilling was a speaker and Mr. Baris moderated the session. What You Will Learn: Hear nationally recognized former...Speaking Engagement
Buckley Sandler Webcast: Bank Mortgage Servicing & The False Claims Act - Practical Ways Servicers Can Minimize Their Risks
Andrew Schilling, Michelle Rogers and Ross Morrison presented a Buckley Sandler webcast titled "Bank Mortgage Mortgage Servicing & The False Claims Act - Practical Ways Servicers Can Minimize Their Risks" on September 30, 2014. As whistleblowers continue to file False Claims Act (FCA) lawsuits...Webcast
This webinar will examined actions undertaken by the Residential Mortgage-Backed Securities (RMBS) Working Group during its first two years of operations and featured the views of two experienced counsel on possible future directions for the Working Group's investigations. The RMBS Working Group...Speaking Engagement
ACI's Advanced Forum on False Claims and Qui Tam Enforcement: Where Are You Vulnerable? What Types of False Claims Cases Are being Pursued in the Financial Services Arena
Andrew Schilling was a panelist at the ACI’s Advanced Forum on False Claims and Qui Tam Enforcement on January 27 & 28, 2014, in New York, NY. His panel wasl titled “Where Are You Vulnerable? What Types of False Claims Cases Are being Pursued in the Financial Services Arena.”...Speaking Engagement
Andrew W. Schilling Quoted in Inside Mortgage Finance Article, “FHA Lenders Win Big in Seventh Circuit FCA Ruling That Makes It Harder for DOJ, HUD to Argue Cases”
Andrew W. Schilling was quoted on December 21, 2017 in an Inside Mortgage Finance article, “FHA Lenders Win Big in Seventh Circuit FCA Ruling That Makes It Harder for DOJ, HUD to Argue Cases,” which discussed the significant ruling for FHA lenders in United States v. Luce. The article stated, “ In...In The News
Buckley Sandler has again been cited as one of the nation’s top law firms by The Legal 500 in its 2017 rankings, with the recognition of four practice areas: Financial Services: Litigation Financial Services: Regulatory Cyber Law (Data Protection and Privacy) Corporate Investigations and White...Press Releases
Buckley Sandler LLP has again been noted as one of the nation’s top law firms, with recognition of four practice areas by The Legal 500 in its 2016 rankings: Financial Services: Litigation Financial Services: Regulatory Technology: Data Protection and Privacy White-Collar Criminal Defense In...In The News
Andrew Schilling was quoted in Robert Stowe England's article, "The Litigation Factor," on April 1, 2016. Five years ago, federal false claims litigation was a tiny cloud on the horizon. Since then, the clouds have filled the sky and released a relentless deluge of lawsuits and settlements on...In The News
Andrew Schilling Quoted in Bloomberg BNA Article, "Ninth Circuit Blocks False Claims Act Suit, Doesn't Rule Out All GSE-Based FCA Claims"
Andrew Schilling was quoted in Chris Bruce's Bloomberg BNA article, "Ninth Circuit Blocks False Claims Act Suit, Doesn't Rule Out All GSE-Based FCA Claims," on February 29, 2016. The U.S. Court of Appeals for the Ninth Circuit blocked a False Claims Act (FCA) lawsuit that said Bank of America,...In The News
Andrew Schilling Quoted in Inside Mortgage Finance/Inside The GSEs Article, "FCA Targets Could Blur the Lines with Increased GSE Focus"
Andrew Schilling was quoted in Carisa Chappell's Inside Mortgage Finance/Inside GSEs article, "FCA Targets Could Blur the Lines With Increased GSE Focus," on February 19, 2016. The case is currently in the U.S. Court of Appeals, where the Ninth Circuit will make a decision and Schilling said it’s...In The News
Buckley Sandler LLP is pleased to announce that The Legal 500 United States 2015 has recognized the firm and its attorneys in four practice areas. The firm has been recognized in the following practice areas: • Finance - Financial Services: Litigation • Finance - Financial Services: Regulatory •...Press Releases
Andrew Schilling Quoted in Law360 Article, "Attys React To Supreme Court's Wartime Limits To FCA Ruling"
Andrew Schilling was quoted in the Law360 article, "Attys React to Supreme Court's Wartime Limits to FCA Ruling," on May 27, 2015. The Justice Department has been aggressively using the FCA to target banks and mortgage companies for actions leading up to the mortgage crisis. Its novel...In The News
Andrew Schilling was quoted in Stephanie Russell-Kraft's Law360 article, “$1.38B S&P Settlement Cements FIRREA As DOJ Darling," on February 3, 2015. "This latest case is just further evidence that they’re continuing to use this statute in a creative and aggressive way,” said Andrew Schilling,...In The News
Andrew Schilling Quoted in Wall Street Journal Article "Holder Proposes Bigger Rewards for Wall Street Whistleblowers"
Andrew Schilling was quoted in Devlin Barrett's Wall Street Journal article "Holder Proposes Bigger Rewards for Wall Street Whistleblowers" on September 17, 2014. Former Justice Department lawyer Andrew Schilling, now at Buckley Sandler LLP, where he specializes in False Claims Act and Firrea cases...In The News
Congratulations to partner Andrew Schilling for being named to the 2013 New York Metro Super Lawyers list in the category of General Litigation. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and...In The News
Andrew Schilling Quoted in Reuters Article, "Judge Endorses U.S. Use of Fraud Law Against Bank of America"
Andrew Schilling was quoted in Nate Raymond's Reuters article, "Judge Endorses U.s. Use of Fraud Law Against Bank of America," on August 19, 2013. The rulings mean the Justice Department can now use FIRREA to not just go after bank fraud but the banks themselves for defrauding others, said Andrew...In The News
Andrew Schilling was quoted in Max Stendahl's article, "Prosecutors Unleashed as $5B S&P Action Rolls On," on July 17, 2013, on Law 360. "The government had not used FIRREA as a significant weapon in its financial fraud arsenal until relatively recently, so there was little precedent on how far...In The News
Buckley Sandler LLP is pleased to announce that seven of its partners have been named to the Super Lawyers list and one has been named to the Super Lawyers Rising Stars list for 2013. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-...In The News
"Cooperation in False Claims Act investigations: The benefits of conducting a proactive internal investigation" by Andrew W. Schilling (Bloomberg Law Reports)
Most companies that receive a civil investigative demand (CID) in a False Claims Act (FCA) investigation decide early that they will ‘‘fully cooperate’’ with the government’s investigation. That’s an easy decision because there really is no alternative: Failure to cooperate with the Justice...Articles
"The False Claims Act seal: Does it bind and gag the defendant?" by Andrew W. Schilling and Megan E. Whitehill (Business Crimes Bulletin)
A company that finds itself the target of a federal fraud investigation often faces the fraught question of whether it may, or even must, disclose the existence of that investigation to third parties, such as its investors, shareholders, major creditors, or insurers. The question can be even more...Articles
Andrew W. Schilling and Megan E. Whitehill Authored a Law360 Article, "Revisiting Bishop In Light Of Escobar"
Last year, the Second Circuit Court of Appeals in New York handed the banking industry some much-needed ammunition to fight back against False Claims Act suits premised on broad certifications of compliance. Specifically, in Bishop v. Wells Fargo & Co ., the court affirmed the dismissal of a...Articles
As a result of last Tuesday’s election, Republicans will control the White House and both houses of Congress in 2017. It is likely there ultimately will be some significant changes affecting financial services regulation and enforcement, but they will take time to implement. The President-elect has...Articles
Special Alert: Second Circuit Rules Fraud Claim Based on Contractual Promise Cannot Support FIRREA Violation Without Proof of Fraudulent Intent at Time of Contract Execution
On May 23, in an opinion delivered by Circuit Judge Richard Wesley, the Second Circuit Court of Appeals reversed the District Court for the Southern District of New York’s (SDNY) July 30, 2014 judgment ordering a bank and its lender subsidiary to pay penalties in excess of $1.2 billion for alleged...Articles
In the years following the financial crisis, the U.S. Department of Justice and the relators bar have aggressively used the False Claims Act to target banks and nonbank mortgage lenders and servicers, using increasingly creative theories of liability to hold these companies responsible for failing...Articles
Near the end of his tenure, Attorney General Eric Holder publicly raised the prospect of amending FIRREA—the Financial Institutions Reform, Recovery, and Enforcement Act of 1989—to increase the incentives for blowing the whistle on financial fraud. FIRREA is the federal statute the Department of...Articles
By now, lenders that make loans insured by the federal government are well acquainted with the False Claims Act. Following the financial crisis, the U.S. Department of Justice has aggressively used the FCA to collect billions of dollars in settlements from mortgage lenders whose loans are backed by...Articles
The U.S. Department of Justice’s aggressive use of the Financial Institutions Reform, Recovery, and Enforcement Act to sue banks for fraud just received an unexpected boost, and from an unlikely source: In a criminal case decided last week,the Second Circuit endorsed an expansive approach to the...Articles
Financial institutions are asking what Attorney General Eric Holder’s resignation means for the future of the U.S. Department of Justice’s financial fraud enforcement program generally, and the Residential Mortgage-Backed Securities (RMBS) Working Group specifically. Launched in 2012 “to...Articles
On Sept. 17, U.S. Attorney General Eric Holder raised the prospect of amending FIRREA — the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 — to increase its whistleblower awards with the goal of further incentivizing cooperation in financial fraud cases. While FIRREA has...Articles
These days, there is certainly no shortage of investigators, auditors, regulators, and prosecutors inundating the financial services industry with audits, inquiries, civil investigative demands, and subpoenas. Some of these inquiries, such as audits by an entity’s regulator, are familiar territory...Articles
As the Justice Department has stepped up its pursuit of financial institutions, there has been a surge of civil fraud lawsuits brought by the government under FIRREA — the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 — a law that allows the government to sue for civil...Articles
Spotlight on the False Claims Act: Wartime Suspension of Limitations Act Suspends Statue of Limitations in False Claim Act Cases
The False Claims Act (FCA), which allows both the government and whistleblowers to seek treble damages for claims of civil fraud on the United States, is a powerful tool. In the past two years, the government has aggressively used the FCA to target financial institutions for claims of reckless...Articles
Awards & Recognitions
- Legal 500 2017: Recognized in the Financial Services: Litigation practice area
- 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 2013-2017, New York Metro: General Litigation
- Class Actions
- Complex Civil Litigation
- Consumer Financial Protection Bureau
- Enforcement Actions & Investigations
- False Claims Act & FIRREA
- Federal Trade Commission
- Internal Investigations
- Pro Bono
- State Attorneys General
- Unfair, Deceptive, and Abusive Acts and Practices
- White Collar
- J.D., Fordham University, 1992
- B.A., College of Holy Cross, 1988
- New York
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Supreme Court
- Assistant U.S. Attorney and Chief of the Civil Division at the U.S. Attorney's Office for the Southern District of New York
- Law Clerk, Hon. Joseph M. McLaughlin, U.S. Court of Appeals, Second Circuit