Andrew Tomback is a partner in the Global 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 and the Foreign Corrupt Practices Act. Andrew has over 25 years of experience drawn from business, private practice and government service. He handles a full range of civil and criminal litigation before the courts, US Securities and Exchange Commission and various other regulators.
Before entering private practice, Andrew was deputy general counsel of the Resolution Trust Corporation, where he managed several hundred attorneys handling federal savings and loan resolutions. He also served as senior advisor to the Under Secretary for Enforcement at the US Department of the Treasury. Earlier in his career, he served as an Assistant US Attorney in the criminal division of the US 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 penny stock schemes. He tried 12 cases, all to conviction, and successfully argued over a dozen appeals. Andrew also clerked for the Honorable Stanley Sporkin of the US District Court for the District of Columbia.
Prior to joining White & Case, Andrew was senior vice president and general counsel at Scientific Games Corporation. Andrew also practiced litigation at another global law firm.
summa cum laude, Phi Beta Kappa, 1982
Defended Richard Usher, former 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. He was acquitted after a three week trial before the Honorable Richard Berman (Southern District of New York).
Conducting internal investigation of global medical device company's operations in India, South Korea, Japan, and other countries for alleged violations of the Foreign Corrupt Practices Act ("FCPA") and alleged accounting misconduct.
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.
Investigated target of merger for violations of the FCPA and revenue-related accounting issues.
Represented two senior executives of a global telecommunications firm under investigation by the FCC and Department of Justice of alleged false claims in the Lifeline program. No charges were brought against clients.
Advised the South American Confederation of Football ("CONMEBOL") in multiple government investigations, civil disputes, and commercial contract negotiations arising from the EDNY's FIFA investigation.*
Represented the board of directors of an international metals fabrication company in parallel criminal and civil investigations of alleged false claims by the Department of Justice.*
Advised numerous AIG employees in Department of Justice 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 principal modeler of the CDSs, the principal CDS salesman, the person responsible for the model to value the CDS portfolio for key disclosures and the chief risk officer of AIG FP). No clients were charged or lost any civil suit.*
Advised 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 with 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 against the pharmacy.*
Represented a leading PIPES investor before the SEC regarding claims he committed insider trading, violated short sale rules and manipulated securities.*
*Matters prior to joining White & Case.