Andrew W. Schilling

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.