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), the Securities and Exchange Commission (SEC), state attorneys general, and federal agency inspectors general.
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, including health care fraud and mortgage fraud cases, and supervised several nationally significant financial fraud lawsuits against major financial institutions. 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 and criminal civil rights prosecutions.
Mr. Schilling is an experienced trial and appellate attorney. As an AUSA, he handled jury trials and bench trials in bankruptcy, civil rights, employment, 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 banks in False Claims Act (FCA) and Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) investigations by the United States Department of Justice and United States Attorney’s Offices into mortgage lending and servicing practices
- Multiple indirect auto finance companies in federal and state 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 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 FCA 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 mortgage lender in a FIRREA lawsuit brought by the U.S. Attorney’s Office for the Eastern District of New York, resulting in a favorable pre-suit settlement
- Multiple banks in connection with DOJ’s “Operation Choke Point” FIRREA investigation into payment processing
- 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
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
The Department of Justice recovered $3.3 billion in lawsuits filed by whistleblowers in FY2012 under the False Claims Act (FCA), and awarded more than $400 million to whistleblowers. Record-breaking lawsuits filed under the recently reinvigorated Financial Institutions Reform, Recovery and...Webcast
Andrew Schilling was a panelist on the “False Claims Act: Enforcement and Compliance Issues Explored,” a Knowledge Congress CLE webcast, on March 13, 2013. This event presented an overview of the False Claims Act and address regulatory updates and enforcement developments, key takeaways...Speaking Engagement
This week, the United States launched a $5 billion civil fraud suit against McGraw Hill and S&P, the latest and largest of a series of fraud lawsuits brought by the government under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), a financial fraud statute that...Webcast
Overview: The Residential Mortgage-Backed Securities (RMBS) Working Group, established a year ago, has recently filed several high-profile lawsuits against mortgage securities issuers and has indicated it will continue to do so. The recent surge in the Group's efforts provides the background for...Speaking Engagement
Buckley Sandler Webcast: Updates on the SDNY's Latest Financial Fraud Suits - Evolution of False Claims Act and FIRREA Enforcement
Buckley Sandler LLP hosted a webcast on Friday, November 16, 2012, from 1:00 – 2:15 PM ET, focused on the Government’s most recent financial fraud enforcement actions, an overview of recent False Claims Act (FCA) cases and the Government’s increasing use of the Financial Institutions Reform,...Webcast
Commerce and Industry Group's Seminar: Anti-Bribery: The Changing Anti-Corruption Environment in Key Jurisdictions
David Krakoff, James Parkinson, Andrew Schilling, and Tom Sporkin spoke at the Commerce and Industry Group's seminar, "Anti-Bribery: The Changing Anti-Corruption Environment in Key Jurisdictions" on October 24, 2012, in London. The panel examined recent developments in anti-corruption enforcement...Speaking Engagement
From False Claims Act to FIRREA: The Government's Expanding Enforcement Arsenal Against Financial Institutions
Matthew Previn and Andrew Schilling presented a one-hour PLI telephone briefing entitled "From False Claims Act to FIRREA: The Government's Expanding Enforcement Arsenal Against Financial Institutions" on July 26, 2012 at 1:00 pm. Mr. Previn and Mr. Schilling was joined by Pierre G. Armand, Deputy...Webcast
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
Andrew Schilling Quoted in Reuters Article, "U.S. Turns to Thrift-Era Fraud Law to Tackle Money Laundering"
Andrew Schilling was quoted in Aruna Viswanatha's Reuters article, "U.S. Turns to Thrift-Era Fraud Law to Tackle Money Laundering" on April 4, 2013. The Justice Department is "actively trying to use FIRREA in a variety of creative contexts," said Andrew Schilling, a partner at the law firm Buckley...In The News
Andrew Schilling Quoted in Compliance Week Article, "Old Law, New Relevance for Financial Crisis Cases"
Andrew Schilling was quoted in Jaclyn Jaeger's Compliance Week article, "Old Law, New Relevance for Financial Crisis Cases," on April 2, 2013. Where the government lacks overwhelming evidence to pursue a criminal enforcement action—which has been a major sticking point in many financial crisis-...In The News
Andrew Schilling was quoted in Joe Palazzolo's Wall Street Journal article, " Back from the Dead: A Law Called FIRREA," on February 5, 2013. The Financial Institutions Reform Recovery and Enforcement Act, a 1989 law passed in the wake of the savings-and-loan crisis, is fashionable among Justice...In The News
Partner Andrew Schilling was quoted in the February 5, 2013 Reuters article, "U.S. Government Hits S&P with $5bln Fraud Lawsuit." "It's rare but not unprecedented for the Justice Department to bring a civil fraud suit where the government itself is not the victim of the fraud," said Andrew...In The News
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
Little-known Statute May Breathe New Life into False Claims Act Cases Against Financial Institutions
The False Claims Act (FCA) is a powerful tool that allows both the government and whistleblowers to seek damages for claims of civil fraud on the United States. In the past two years, the government has aggressively used the FCA to target financial institutions for claims of reckless lending and...Articles
The False Claims Act authorizes the United States — and whistleblowers suing on its behalf — to seek civil penalties plus “treble damages” for a violation of the FCA. The ability to seek treble damages is a key feature of the law, and one that makes the statute particularly attractive to the...Articles
In recent years, the U.S. Department of Justice has made increasingly aggressive use of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) to target allegations of financial fraud, most notably in its recent, multibillion dollar civil fraud case against Standard &...Articles
Much attention has been focused on the increasing role of whistleblowers in the government’s pursuit of financial fraud. Several federal statutes create bounty programs, allowing whistleblowers who bring fraud to the government’s attention to recover significant sums. The Dodd-Frank Wall Street...Articles
The U.S. Department of Justice has increased its use of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) to prosecute wrong-doing by financial firms. Accordingly, more institutions may find themselves having to deal with a subpoena under the act, including those that are...Articles
Prolific bank robber Willie Sutton reportedly once said he robbed banks because "that's where the money is." Judging by recent trends, whistleblowers might now give the same reason for filing their financial fraud suits in New York, which has quickly become the venue of choice for financial fraud...Articles
In a significant but largely overlooked development, the Department of Justice recently signaled that it would increasingly pursue “innovative, non-monetary measures” when settling civil fraud cases. In addressing the American Bar Association June 7, Stuart F. Delery, acting assistant attorney...Articles
The False Claims Act, 31 U.S.C. § 3729, which has been around since the Civil War, permits whistle-blowers with information about fraud perpetrated upon the U.S. government to bring civil fraud suits on behalf of the United States and share in the recovery. While much attention is paid to the...Articles
Recently, the Justice Department has made increasing - and increasingly aggressive - use of FIRREA, a civil penalty statute that it had all but ignored for more than two decades. Enacted in response to the S&L crisis, the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA)...Articles
Special Alert: DOJ Increasingly Pursuing Monetary and Non-Monetary Relief in Civil Enforcement Actions
Last month, in a potentially significant but largely overlooked development, the Department of Justice (“DOJ”) signaled that it would “increasingly” pursue “innovative, non-monetary measures” when it settles civil fraud cases. In remarks to the American Bar Association on June 7, 2012 , Stuart F...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
- 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