Andrew (“Andy”) Tomback is a partner in the Commercial Litigation Group and is based in the New York office. He focuses his practice on litigations and investigations involving federal securities laws, complex litigation, antitrust violations, and the Foreign Corrupt Practices Act. Andy has over 35 years of experience drawn from business, private practice and government service. He handles a full range of civil and criminal litigation before the courts, SEC, CFTC, and various other regulators.
Before entering private practice, Andy was Deputy General Counsel of the Resolution Trust Corporation, where he managed several hundred attorneys and investigators handling federal savings and loan resolutions. He also served as the Senior Advisor to the Under Secretary for Enforcement at the United States Department of the Treasury. Earlier in his career, he served as an Assistant United States Attorney in the criminal division of the United States Attorney’s Office for the Southern District of New York, where he conducted grand jury investigations and prosecuted criminal cases, concentrating on complex securities frauds, including stock manipulations, insider trading, international tax evasion enterprises, and FCPA violations. He tried 12 cases, all to conviction, and successfully argued over a dozen appeals. Andy also clerked for the Honorable Stanley Sporkin of the United States District Court for the District of Columbia.
Prior to joining McLaughlin & Stern, Andy was Senior Vice President and General Counsel at Scientific Games Corporation (NASDAQ “SGMS”). Andy also was a partner at other global law firms.
RELATED PRACTICES
Education
- Yale Law School (J.D., 1986)
- Yale University (B.A., Phi Beta Kappa, summa cum laude, 1982)
Bar Admissions
- New York State Bar
- US Court of Appeals for the Second Circuit
- US District Court for the Southern District of New York
- District of Columbia Bar
Select Representations:
- Defended construction executive after he was indicted for alleged reckless indifference to human life when a crane fell off a New York City construction site causing serious injuries at the site he was supervising. He was acquitted after a six-month trial.
- Defended parent in “Varsity Blues” investigation after he was indicted for bribing a water polo coach at USC. He defeated all bribery charges after a four-week trial and an appeal.
- Defended a foreign exchange trader for JP Morgan Chase and Royal Bank of Scotland, after he was indicted by the DoJ for allegedly violating the Sherman Antitrust Act by rigging bids and fixing prices in the Dollar/Euro market. He was acquitted after a three-week trial.
- Conducted internal investigation of global medical device company’s operations in India, South Korea, Japan, and Brazil, for alleged accounting misconduct and violations of the FCPA.
- Represented a ride-sharing company in the SEC’s investigation of its securities offerings to drivers. The SEC ended its investigation without imposing any penalty.
- Represented two senior executives of a global telecommunications firm investigated by the FCC and DoJ for alleged false claims in the Lifeline program. No charges were brought.
- Advised the South American Confederation of Football (CONMEBOL) in the EDNY’s FIFA investigation and related civil disputes and commercial contract negotiations.
- Represented board of directors of an international metals fabrication company in criminal investigation of alleged false claims by the DoJ. No charges were brought.
- Advised AIG employees in DoJ and SEC investigations as well as class action lawsuits arising from (i) the departure of CEO Hank Greenberg and (ii) the credit default swap crisis and the downfall of AIG Financial Products (AIGFP) (including the modeler of the CDSs, the principal CDS salesman, and the chief risk officer). No clients were charged or lost any civil suit.
- Represented Skandia Insurance Ltd., the largest Swedish insurance company, in market timing and late trading investigations by the SEC and the New York Attorney General’s Office, an investigation of variable annuities by the Connecticut Department of Insurance, and indemnification litigation against another large insurance company.
- Represented a national pharmacy in multiple civil and criminal matters, including the New York Attorney General’s claim that the pharmacy fraudulently violated Medicaid rules by accepting heavily discounted diverted drugs. The case was resolved without any charges.
- Represented a leading PIPES investor in an investigation by the SEC of insider trading, violation of short sale rules, and securities manipulation. No charges were brought.
- Represented a specialist of the NYSE in an enforcement investigation and successful arbitration regarding a security that it ceased trading during a secondary offering.
- Represented a leading Liechtenstein bank and trust company in an Audit Committee investigation to evaluate compliance with US income tax and money laundering laws.
- Represented a senior executive in a DoJ investigation of the safety parts industry. No charges were brought.
- Advised a Trustee of, and major donor to, the Getty Museum, in an investigation of the alleged illegal export from Italy of antiquities by the museum’s curator. No charges were brought.
- Advised a former Omega Advisors hedge fund employee alleged to have violated the FCPA and anti-money laundering laws by bribing the Azerbaijan President to gain an improperly large share of privatized oil industry. No charges were brought.
- Represented a Bristol Myers-Squibb top executive in a DoJ criminal investigation of antitrust violations and false statements to the FTC to delay a generic drug from competing with BMS’ highly profitable Plavix. No charges were brought.
- Advised the Audit Committee of a German portfolio company of a major US bank in an internal investigation and a DoJ FCPA inquiry regarding improper payments to Turkey officials.
- Represented a registered options trader in an SEC investigation of alleged insider trading – matter settled for nominal amount and no sanctions for client.
- Represented a stockbroker in an alleged insider trading conspiracy involving trading based on not-yet released issues of Business Week. No charges were brought by the SEC or DoJ.
- Represented a Controller at center of Bankers Trust’s unlawful taking of escheatable funds not belonging to the bank. Client was not charged.
- Represented four targets of a Federal Reserve/SEC probe of Bankers Trust derivatives sales to Procter & Gamble and other corporations. None were charged or sanctioned.
- Represented victims in two international Ponzi (commodities fraud) cases as Receiver for Judge Milton Pollack.
- Represented Executive Director of Mexico’s BITAL against SEC charges of insider trading. Obtained summary judgment.
- Represented a national healthcare corporation before New York State Inspector General. No charges were brought.
Civil
- Represented American Century Investment Management; defeated ’40 Act excessive fee claims.
- Represented the Canadian government in successfully resolving a dispute against E-BEAM Services regarding the performance of an electron beam accelerator.
- Represented Citibank as bondholders against Temple University for the Medical School’s and affiliated entities’ mismanagement that caused the failure of nursing homes.
- Represented a Swiss bank against charge by pharmaceutical fortune heir of fraudulent self-dealing when it made multiple failed private equity investments.
- Represented a gaming company in a $500 million civil dispute relating to alleged bid interference in a major New York State auction of video lottery terminal rights.
- Represented national insurance company in its defense of substantial ERISA claims.
- Represented a pharmaceutical company in a patent royalty dispute.
- Represented David Rockefeller in his recovery of the funds he paid a prominent gallery owner to purchase a painting that purportedly was a Bierstadt but in actuality was not.
- Represented the co-owner of AriZona Iced Tea in a multibillion-dollar dispute with the other co-owner regarding control.
- Represented an individual with substantial claims against an intermediary fund that failed to disclose its investment with Bernie Madoff.
- Represented an estate of in a successful US Tax Court trial against the IRS regarding the valuation of a substantial publishing business.
- Represented South American investor in a AAA arbitration involving substantial losses against a private Swiss bank. The arbitrator awarded 100% of client’s claim, attorneys’ fees, and substantial punitive damages.
- Represented Suisse Security Bank & Trust’s receiver; recovered substantial estate assets.
- Represented board member in New York Stock Exchange’s lawsuit against Richard Grasso.
- Represented Robert DeNiro in a successful child custody and divorce litigation.
- Represented pro bono, a class of homeless persons to obtain the minimum wages wrongfully denied by their employers, New York City Business Improvement Districts; received 2001 Pro Bono Service Award from the New York State Bar Association.
Community Service
- Learning Through an Expanded Arts Program (“LEAP”) (NYC) — Co-chair of board of non-profit provider of children’s arts programs to NYC underserved communities (2014-present)
- West Side Campaign Against Hunger (WSCAH) (NYC) — Serve on board of WSCAH, leading New York City food bank; recipient of 2014 Social Justice Award (2010-Present)
- Harlem Success Academy Charter School (NYC) — Taught 7th graders History at charter school in Harlem (2012-2014)
- Churchill School (NYC) — Served on board of Churchill, a school for students with language-based disabilities. Co-chair for $10 million endowment campaign (2005-2016)
- Lawyers’ Committee for Civil Rights Under Law — Board member (1998-present)
- Jobs for Homeless People (“JHP”) (Washington, D.C.) — Co-founder, first President, and current board member of JHP, a national leader in job placement, retention, and provision of housing assistance to homeless people (1987-present)
