Skilled New York Federal Court Litigation Attorney
Court counsel for civil plaintiffs and defendants as well as criminal defendants
Since most criminal trials and civil lawsuits are prosecuted in state courts, many practicing attorneys never even enter federal court. If you are charged with a federal crime or face a lawsuit where federal jurisdiction applies, you need an attorney who is more than simply acquainted with U.S. law and federal rules of procedure. The Law Office of William Fanciullo has more than 36 years experience litigating cases in the federal court system. Attorney Bill Fanciullo understands the many nuances of federal court, and is able to represent you in all federal matters including:
- Federal criminal defense
- Civil lawsuits filed in federal court
- State court lawsuits where removal to federal court is permissible
Federal prosecution requires an attorney with federal defense experience
If you are accused of a crime that violates a statute passed by the U.S. Congress, you will be tried in federal court. Crimes involving federal agencies such as the FBI, the IRS, the Securities and Exchange Commission (e.g., securities fraud), U.S. Treasury (e.g., counterfeiting), Environmental Protection Agency (e.g., toxic waste dumping), Bureau of Alcohol, Tobacco and Firearms (e.g., gun-running) and Drug Enforcement Agency (e.g., drug trafficking, smuggling) are federal crimes, as are many crimes that cross state lines, such as moving a kidnap victim from one state to another. Crimes that use an interstate facility or federal agency, such as the U.S. Postal Service, to perpetrate an illegal act may likewise be federal (e.g., mail fraud, wire fraud). In fact there are innumerable federal criminal statutes, including in Titles 18 (Criminal Code), Title 26 (tax), Title 21 (controlled substances – drugs), Title 8 (immigration) and other Titles of the United States Code. Bill Fanciullo understands federal criminal law and all aspects of federal criminal procedure, including:
- Federal Bail Reform Act
- Motions to compel discovery
- Motions to suppress evidence
- Federal Sentencing Guidelines
Persons accused of criminal activity have many rights, including those under the Fourth and Fifth Amendments to the United States Constitution, as well as the Due Process Clause. There are caselaw nuances and interpretations of many criminal rights and statutes. Don’t give the federal prosecutor an added advantage. Retain an experienced federal criminal defense attorney – the Law Office of William Fanciullo.
Choosing federal court for your civil lawsuit
Some civil lawsuits must and some can and should be filed in federal court. If you are the plaintiff, you can file in federal court based on various conditions, including the following examples:
- Diversity – If the issue falls under state law, but the parties are from different states, the federal court may hear the case, but apply state substantive law in adjudicating.
- Constitutional question – The case must raise some issue under the U.S. Constitution.
- Civil rights claims – State law may apply, but federal law also permits some such suits.
- Class action cases – Because of their complex nature, federal jurisdiction is granted.
- Environmental regulations – Federal regulations are given primacy over those of the states.
- Federal cause of action – for example, a suit under the Federal Tort Claims Act, a qui tam (whistleblower) action under the False Claims Act, civil RICO (“the Racketeer Influenced and Corrupt Organizations Act”), and numerous others.
A defendant in a state court lawsuit may also remove the case to federal court if federal jurisdiction exists. Attorneys who are unfamiliar with the federal system may be overly wary. Their hesitation may prevent clients from receiving numerous benefits. Depending on the circumstances of your case, federal court may offer a more neutral forum, a broader jury pool, different discovery rules including with respect to expert witnesses, more expansive use of subpoenas, differing precedents, and potentially different rules regarding jury selection, the sufficiency of pleadings, interlocutory appeals and electronic filing. An experienced federal court litigator will fully explain why your case should be filed federally or removed from the state court to the federal.
A client on the “receiving end” of a federal civil case, criminal prosecution, and/or administrative action may be forced to simultaneously navigate and defend all of these – so-called “parallel proceedings.” Bill Fanciullo has experience in this area as well. Such a situation may arise, for example, in the construction context: alleged criminal activity (e.g., alleged false statement), alleged violations of the False Claims Act (civil), and potential suspension and debarment proceedings (administrative). Such situations are increasingly common, and Bill Fanciullo, an experienced federal litigator, is well equipped to handle them.
Feel free to contact an established and successful federal court litigation lawyer
Attorney Bill Fanciullo welcomes your call to discuss your case. Reach him at 518.427.8261.
The Law Office of William Fanciullo is located in Albany and represents clients throughout New York State and the national federal system.