1185 AVENUE OF THE AMERICAS
31st FLOOR
NEW YORK,
NY
10036-2603
646.746.8658
212.704.4256 fax
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With 25 years of experience drawn from government service, business, and private practice, Andrew E. Tomback handles a full range of civil and criminal litigation before the courts, U.S. Securities and Exchange Commission (SEC), and various other regulators. He focuses on matters involving federal securities laws, complex litigation, and international arbitrations. His white collar practice has included the defense of individuals facing charges of insider trading, stock manipulation, bank and insurance fraud, violations of the Foreign Corrupt Practices Act (FCPA), inadequate disclosure in derivative transactions, and Ponzi schemes, as well as market timing and late trading. He has represented individuals and institutions in grand jury, SEC, and internal corporate investigations.
Prior to entering private practice, Mr. Tomback was deputy general counsel of the Resolution Trust Corporation, where he managed several hundred attorneys handling federal savings and loan resolutions. Mr. Tomback also held various positions in government agencies, where he was involved in many high-profile and complex cases. The senior advisor to the undersecretary for enforcement at the Department of the Treasury, Mr. Tomback investigated the Waco tragedy and was a principal drafter of the agency’s resulting report. He also played an integral role in the passage of the Brady Bill, the Federal Assault Weapons Ban, and the 1994 Crime Bill.
Mr. Tomback honed his litigation skills as an assistant U.S. attorney in the criminal division of the U.S. Attorney’s Office for the Southern District of New York. He concentrated on complex securities frauds, including stock manipulations, insider trading, international tax evasion enterprises, and penny stock schemes. He tried 12 cases to conviction and successfully argued numerous cases before the U.S. Court of Appeals for the Second Circuit. He previously clerked for the Honorable Stanley Sporkin, U.S. District Court for the District of Columbia.
Mr. Tomback received his B.A. summa cum laude from Yale University and his J.D. from Yale Law School.
Experience
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Defended one of America’s largest insurance companies against substantial Employee Retirement Income Security Act (ERISA) claims.
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Represented numerous AIG employees in DOJ and SEC investigations, as well as in derivative and class action lawsuits arising from the departure of Hank Greenberg, the company’s CEO, the 2008 credit default swap crisis and the downfall of AIG Financial Products.
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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 and in an investigation of variable annuities.
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Represented a leading investor in private investment in public equity (PIPEs) in SEC investigations regarding claims he committed insider trading, violated short sale rules, and manipulated securities.
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Represented a leading Liechtenstein bank and trust company in an investigation by its audit committee to evaluate compliance with U.S. income tax reporting requirements.
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Defended a former hedge fund employee charged with FCPA violations in a scheme to bribe the president of Azerbaijan to obtain an improperly large share of the country’s privatized oil industry.
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Represented a former Bristol Myers-Squibb top executive in a criminal antitrust investigation and as a key witness in a case brought by the Department of Justice regarding alleged false statements by Bristol Myers-Squibb the Federal Trade Commission (FTC) to delay generic drug from competing with company’s highly profitable Plavix.
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Represented the audit committee of a European portfolio manufacturing company (in which a major U.S. bank had a substantial private equity investment) in an investigation of allegations of payments violating the FCPA to municipal officials in Turkey.
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Represented the audit committee of Safety Components, Inc. in an investigation relating to the FCPA and causing it to restate its financial statements.
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Represented the special committee of one of the nation’s largest money management firms (formed due to derivative demand) in an investigation of the closed end funds’ redemption of preferred shares at par after auction markets froze.
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Represented a Bankers Trust controller at the center of an investigation of the company’s large scale and unlawful taking of escheatable funds. The client was not charged, and went on to serve as a key witness at trial.
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Represented the victims in two international Ponzi schemes (commodities fraud) as receiver (at the recommendation of the SEC) for Judge Milton Pollack.
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Represented American Century in its groundbreaking defense of Investment Company Act of 1940 excessive fee claims (where plaintiffs voluntarily dismissed the complaint and recovered nothing despite alleging several hundred million dollars of losses).
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Represented bondholders in a suit against Temple University alleging the university’s medical school and affiliated entities mismanaged a failed nursing home backed by the bonds.
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Successfully represented the Canadian government in a trial regarding an electron beam accelerator.
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Represented the co-owner of AriZona Iced Tea in a multibillion dollar dispute with the other co-owner regarding many disagreements about the transferability of shares and other control issues.
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Represented a prominent South American investor in a successful arbitration against a private Swiss bank.
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Represented a trustee of a leading American museum in an Italian government investigation of the alleged illegal export of antiquities by the museum and its curator.
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Represented a Fortune 100 corporation in a successful “winner-take-all” $350 million arbitration.
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Represented the actor Robert DeNiro in child custody and divorce litigation.
EDUCATION
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Yale Law School,
J.D.,
1986, Editor, Yale Law Journal; Senior Articles Editor, Yale Journal on Regulation
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Yale University,
B.A.,
1982, summa cum laude; Phi Beta Kappa; Branford Award for Distinguished Scholarship
COURT ADMISSIONS
- U.S. Court of Appeals, 2nd Circuit
- U.S. District Court, Southern District of New York
BAR ADMISSIONS
- New York
- District of Columbia
MEMBERSHIPS
- Co-Founder (1987) and Board Member, Jobs for Homeless People
- Board of Directors, Executive Board of Directors, Churchill School
- Board of Directors, CityFirst Community Development Bank
- Board of Directors, Lawyers’ Committee for Civil Rights Under Law
- Board of Directors, West Side Campaign Against Hunger (WSCAH)
- Board of Directors, Appleseed
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PRACTICES
Related Information
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