
Andrew W. Schilling
Partner
Biography
Andrew Schilling heads Buckley LLP’s New York office and represents entities and individuals in government investigations, internal investigations, and complex civil litigation. A leader of the firm’s False Claims Act and FIRREA practice, Mr. Schilling regularly represents companies and individuals in responding to civil fraud, civil rights, and consumer protection 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), and state attorneys 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 supervised all federal civil litigation by that office and established that office’s Civil Frauds Unit, which investigates cases in such areas as mortgage fraud, health care fraud, grant fraud, procurement fraud, and customs fraud. Mr. Schilling also served as Chief of the Civil Rights Unit of that office, supervising and handling both criminal civil rights prosecutions and civil enforcement actions, including under the Americans with Disabilities Act (ADA), the Fair Housing Act, the Religious Land Use and Institutionalized Persons Act (RLUIPA), and laws protecting the rights of service members.
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. Mr. Schilling was recognized in 2019 by Benchmark Litigation as one of the nation’s Top 100 Trial Lawyers. He has also been recognized by Legal 500 for his expertise in Financial Services Litigation (2014-2018), and by Super Lawyers for General Litigation in the New York metropolitan area (2013-2020).
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 eight mortgage servicers in U.S. ex rel. Grubea v. Rosicki, Rosicki & Assoc., 318 F. Supp. 2d 680 (S.D.N.Y. 2018), an FCA qui tam litigation in the Southern District of New York, which resulted in a dismissal with prejudice that the American Lawyer called “a big win for a veritable army of outside counsel led by Buckley”; 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 a mortgage lender 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 currently serves as the court-appointed independent monitor overseeing New York City’s compliance with the remedial order entered in resolution of American Council of the Blind of New York, Inc. et al. v. City of New York et al., 18 Civ. 5792 (PAE), a federal disability rights lawsuit relating to the accessibility of the New York City pedestrian grid to blind and low-vision persons. Mr. Schilling has extensive experience in monitorships, having served for several years as lead counsel for the United States in the administration and oversight of the federal government’s historic consent decree with the Teamsters Union. Mr. Schilling is also a member of the International Association of Independent Corporate Monitors.
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 is also a member of the National Association of College and University Attorneys (NACUA).
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.
In The News
Andrew W. Schilling quoted in New York Times article, “Trump administration spares corporate wrongdoers billions in penalties”
Andrew W. Schilling was quoted on November 3, 2018 in a New York Times article, “Trump administration spares corporate wrongdoers billions in penalties,” which discussed the decline in penalties for financial fraud following the change from the Obama administration to the Trump administration. The...
In The NewsBenchmark recognizes Buckley Sandler litigation team; David Krakoff inducted into American College of Trial Lawyers
Benchmark Litigation has recognized Buckley Sandler as one of the nation’s top litigation law firms, awarding it a National Tier 1 ranking for its White Collar practice and deeming its District of Columbia litigation team “Highly Recommended” — Benchmark’s highest...
AnnouncementsThe Legal 500 2018 recognizes five practice areas and 17 attorneys at Buckley Sandler
Buckley Sandler LLP again has been noted as one of the nation’s top law firms by The Legal 500 in its 2018 rankings, with recognition in five practice areas:
- Financial Services: Litigation
- Financial Services: Regulation
- Corporate ...
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
Publications
"The False Claims Act, higher education, and the risks for research universities" by Andrew W. Schilling (NACUA Note)
Andrew W. Schilling wrote an article for the National Association of College and University Attorneys covering the risks these institutions face from Department of Justice enforcement of the False Claims Act. The article summarizes recent FCA cases of relevance to colleges and universities, while...
Articles"5 FCA enforcement predictions after Coronavirus relief bill" by Andrew W. Schilling (Law360)
On March 27, President Donald Trump signed into law the Coronavirus Aid, Relief and Economic Security Act, also known as the CARES Act. Although the False Claims Act is not mentioned in this stimulus bill, the implications of the act on FCA enforcement are likely to be significant. Click here to...
Articles"Cooperation in False Claims Act investigations: The benefits of conducting a proactive internal investigation" by Andrew W. Schilling (Bloomberg Law)
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...
ArticlesAndrew 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...
ArticlesSpecial Alert: Election Results - Preliminary Thoughts and Reactions
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...
ArticlesSpecial 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...
ArticlesA False Claims Act Win for the Banks
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...
ArticlesAmending FIRREA: An Alternative Proposal
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...
ArticlesFannie And Freddie Loans Could Be Next FCA Targets
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...
ArticlesUS v. Heinz May Bolster Expansive FIRREA Interpretation
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...
ArticlesThe RMBS Working Group: Is There Life After Eric Holder?
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...
ArticlesShould FIRREA Whistleblower Bounties Be Higher?
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.[1] While FIRREA has...
ArticlesFHFA Inspector General Emerging as Key Enforcement Player: What to Expect in 2014
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...
ArticlesChallenging FIRREA Subpoenas: The RMBS Working Group Faces Subpoena Fight
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...
ArticlesSpotlight 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...
ArticlesLittle-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...
ArticlesFCA Allows Treble Damages - 'But Treble What?'
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...
ArticlesFinally, 8 Factors Governing FIRREA Civil Penalty Awards
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 &...
ArticlesDodd-Frank Anti-Retaliation Provision May Lead to More Lawsuits That Raise Compliance Issues
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...
ArticlesU.S. Using Subpoenas Under 1989 Act as New Tool to Probe Financial Firms
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...
ArticlesNew York Becoming the Leading Venue for Financial Fraud Whistleblower Suits
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...
ArticlesDOJ Increasingly Pursuing Monetary and Non-Monetary Relief in Civil Enforcement Actions
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...
ArticlesWhistle-Blower Bounties May Encourage Residential Mortgage-Backed Securities Fraud Reporting
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
Awards and Recognitions
Awards & Recognitions
- Benchmark Litigation 2019: Top 100 Trial Lawyers
- Benchmark Litigation 2019: White Collar Crime
- Legal 500 2017-2018: Financial Services: Litigation
- Legal 500 2014-2016: Litigation - White-Collar Criminal Defense
- Super Lawyers 2013-2020: New York Metro: General Litigation
Practice Areas
- Appellate
- Class Actions
- Colleges & Universities
- Complex Civil Litigation
- Consumer Financial Protection Bureau
- Enforcement Actions & Investigations
- Escheatment
- False Claims Act & FIRREA
- Federal Trade Commission
- Inspector General Investigations
- Internal Investigations
- Monitorships
- Pro Bono
- Securities Enforcement
- State Attorneys General
- Unfair, Deceptive, or Abusive Acts or Practices
- Whistleblower
- White Collar
- Workplace Cultural Compliance
Education
- J.D., Fordham University, 1992
- B.A., College of Holy Cross, 1988
Admissions
- District of Columbia
- Massachusetts
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- U.S. Supreme Court
Government Service
- 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