New York Federal Court Litigation Attorney

William Fanciullo

AV® Preeminent™ Peer Review Rated by Martindale-Hubbell® since 1997.

Member of the National Trial Lawyers Top 100 Trial Lawyers.
Recipient Lifetime Achievement Award – America’s Top 100 Attorneys for Upstate New York.William (Bill) Fanciullo went to the State University of New York at Buffalo Law School. For his first summer during law school he worked at the U.S. Attorney’s Office for the Western District of New York. His second summer was spent working for the U.S. Department of Justice at the Buffalo Strike Force on Organized Crime.  During his senior year he applied for and received a position with the U.S. Department of Justice through the highly competitive “Honors Graduate” program.  He was hired to be a Trial Attorney with the Criminal Division of the Department of Justice in 1979.  While with the DOJ in Washington, D.C., he applied to be an Assistant U.S. Attorney in Albany, N.Y., and commenced work as an AUSA in November 1981.  As an Assistant U.S. Attorney, Mr. Fanciullo litigated criminal and civil cases on behalf of the United States of America. He handled all aspects of cases, including grand jury investigations, motions, hearings, trials and appeals.  As a more experienced AUSA, he handled the most difficult and complex cases.  

In addition to handling his regular caseload duties, he was the forfeiture “specialist” for the Albany Office.  He also conducted training of law enforcement officers on numerous topics.  And, for approximately his last two years as an Assistant U.S. Attorney, he was also responsible for reviewing all briefs of the Albany U.S. Attorney’s Office to the Second Circuit Court of Appeals.

In addition, during the last two years of his tenure at the U.S. Attorney’s Office, he represented all U.S. Attorneys in the country at meetings of the Attorney General’s Asset Forfeiture Policy Advisory Committee, which recommended national forfeiture policy to the U.S. Attorney General. 

As an Assistant U.S. Attorney, Mr. Fanciullo received numerous commendations and the significant Director’s Award for Superior Performance.  Recipients of this award are limited to one percent of the total number of Assistant U.S. Attorneys in the country, per year.  Justification for the award cited Mr. Fanciullo’s “outstanding work in a broad range of cases, both civil and criminal,” and his “creativity, persistence, thoroughness, and superior legal ability.” Other factors — including that Bill maintained one of the highest civil and criminal caseloads in the office — were also taken into account in awarding this honor.  Mr. Fanciullo received letters of commendation from many sources, including the Department of Justice and former FBI Directors Sessions and Webster.  

As a former federal prosecutor with the United States Department of Justice for over ten years in Washington, D.C., and Albany, New York, William P. Fanciullo started his own firm in 1990.  His practice is limited to litigation — civil and criminal — including investigations, trials, hearings and appeals in federal and state courts and agencies.

Mr. Fanciullo offers an emphasis in federal litigation.  He has spent much of his career in federal court.  His many cases are varied and a complete listing is not possible.  Nor is it necessary.  Whatever the case, the facts and law can be ascertained and pursued.  Mr. Fanciullo assesses the needs of the client and acts on his or her (or its) behalf.  This may be commencement of a lawsuit on behalf of an injured client; it may be defending a civil or criminal case; it may be representing a person or corporation subpoenaed or targeted by a prosecutorial or investigative body.  Et cetera.

When you deal with this firm, you deal with Mr. William Fanciullo almost exclusively.  Mr. Fanciullo endeavors to maintain client contact himself in order to fully understand and address the concerns of the client.  All efforts are made to return calls and answer questions promptly.  It is the intention to maintain a caseload which allows personal treatment for all clients.  Representation is not delegated to others having less understanding of the client or the issues, but is handled personally by Mr.  Fanciullo.

Representation may include dealing with investigations, commencing or defending actions, including all motion practice, hearings, trials and appeals, administrative representation, in areas including, but not limited to:

Criminal Law; Criminal Defense; Litigation; Federal Litigation; White Collar Crime; Tax; Public Corruption; Drug Cases; Fraud; Trial Practice; Money Laundering; RICO; White Collar Criminal Defense; Forfeiture Defense; Sentencing including U.S. Sentencing Guidelines; Appeals; representation before investigative and adjudicatory agencies, for example federal and state grand juries, the Office of The New York State Inspector General, and the Joint Commission on Public Ethics (“JCOPE”).

Civil Litigation; Commercial Litigation; Federal Civil Practice; Medical Malpractice; Trial Practice; Serious Personal Injury; Accidents; Catastrophic Injury; Wrongful Death; Civil RICO; Torts; Federal Tort Claims Act; Appellate Practice; Complex and Multi-District Litigation; Constitutional Law; Business Litigation; Discrimination; Negligence; Premises Liability; Forfeiture actions.

Of course, this brief listing of examples is not exhaustive.  There are many agencies and investigative bodies, and many types of investigations and accusations (other examples include OSHA, suspension and debarment, physician disciplinary, etc.).  If it involves factual inquiry and/or accusation and presentation of facts and arguments to assist the client, it is within Mr. Fanciullo’s area.

Published decisions
Of course, not nearly all of the cases an attorney works on are published. In fact, some of the best results may go unnoticed by the public as a result of a sealed settlement agreement preventing disclosure of the civil settlement agreement, or as a result of a successful effort at “charge avoidance” in the criminal arena.  But, some cases are made public, and here is a partial listing of some of Bill Fanciullo’s public cases / decisions:

  • U.S. v. Ford, 435 F.3d 204 (2d Cir. 2006) (conviction vacated);
  • U.S. v. Johnson, 221 F.3d 83 (2d Cir., 2000), cert. denied, 533 U.S. 953;
  • U.S. v. Hernandez-Fundora, 49 F. 3d 848 (2d Cir. 1995), amended, 58 F.3d 802, cert. denied, 115 S. Ct. 2288, conviction vacated and indictment dismissed, 896 F.Supp. 276 (N.D.N.Y. 1995);
  • U.S. v. Jaswal, 47 F. 3d 539 (2d Cir. 1995);
  • U.S. v. Davis, 967 F.2d 84 (2d Cir. 1992), cert. denied, 113 S. Ct. 356;
  • U.S. v. Ritchey, 949 F.2d 61 (2nd Cir. 1991);
  • Town of Fenton v. Dole, 792 F.2d 44 (2d Cir. 1986);
  • Friends of Shawangunks, Inc. v. Clark, 754 F.2d 446 (2d Cir. 1985);
  • Albert and Frances v. Watkins Glen International, Inc., No. 10-CV-6613-CJS, 2010 U.S. Dist. LEXIS 136031 (W.D.N.Y., decided 12/23/10) (Dismissal of opponents’ case);
  • Gates, et al. v. Comfort Direct, Inc., et al., 2008 U.S.Dist. LEXIS 73752 (N.D.N.Y. No. 03-cv-0763, Sept. 8, 2008) (Order for default judgment of $170,745,000);
  • U.S. v. Ren Ai Li, No. 04-cr-0543, 2006 U.S. Dist. LEXIS 61919 (N.D.N.Y., decided August 15, 2006) (Denial of government motion for reconsideration of district court decision vacating pre-trial seizure orders);
  • U.S. v. Chiochvili, 81 F.Supp.2d 393 (N.D.N.Y. 1999) (suppression of statements);
  • U.S. v. Chiochvili, 103 F.Supp.2d 526 (N.D.N.Y. 2000) (suppression of statements – government motion for reconsideration denied);
  • Lawrence v. Egger, 1986 WL 533, 42 Fair Empl.Prac.Cas. (BNA) 281 (No. 81-CV-1385, N.D.N.Y. 1986) (alleged racial discrimination – involuntary dismissal of opponent’s case);
  • Perales v. Heckler, 611 F.Supp. 333 (N.D.N.Y. 1984), aff’d., 762 F.2d 226 (2d Cir. 1985);
  • Michelson v. Daly, 590 F.Supp. 261 (N.D.N.Y. 1984);
  • Matter of Does, 541 F.Supp. 213 (N.D.N.Y. 1982) (IRS summons enforcement);
  • County of Delaware v. J E D Distributing and Manufacturing, Inc., 161 A.D. 2d 1083, 557 N.Y.S. 2d 642 (3d Dept. 1990).
  • Secretary of Labor (OSHA) v. Burt Crane & Rigging, Docket No. 89-1754, Final Order Date Jan. 11, 1991, 14 O.S.H. Cas. (BNA) 2045 (O.S.H.R.C.A.L.J.), 1991 O.S.H.D. (CCH) P 29202, 1991 WL 477373 (proposed penalties of over $11,000 reduced to $810 after hearing before ALJ, alleged willful violation vacated.)

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Mr. Fanciullo has conducted legal education seminars and been chosen to speak and spoken in his field on many occasions, including:

2007, Local Chair, Moderator and Panelist, Zealous Representation: Ethical Limits and Trial Techniques, NYSBA Seminar

2000, Lecturer, Federal Civil Discovery Practice for Experienced Litigators, NYSBA Seminar, Discovery 2000–for Experienced Litigators

1998, Co-Overall Planning Chair, Local Chair and Lecturer, NYSBA Seminar, The Federal Sentencing Guidelines

1996, Local Chair, NYSBA Seminar, Juries, Grand and Petit, In New York State Criminal Cases

1995, speaker, NYSBA Seminar, Practical Skills – Basic Criminal Law

1994, Local Chair, The Trial of a Drug Case, NYSBA Seminar, and speaker, Federal Considerations – Frequently Charged Offenses, Federal Sentencing Guidelines Issues, Appeal

1994, speaker, When the Feds Come Knocking at Your Client’s Door [representing clients in federal criminal investigations], Albany County Bar Association

1989, scheduled speaker, White Collar Crime NYSBA Seminar

1997, participant in Panel, Inside the Jury Room, Albany Law School

1996, participant in Panel, Options in the Practice of Law, Albany Law School

April 1995 and November 1995, participant in Panel, The Criminal Justice System, Albany Law School

March 1995, participant in Panel, Solo and Small Firm Practice in the Capital District, Albany Law School

In addition, Mr. Fanciullo was the author of the Federal Criminal Law column in the Albany County Bar Association Newsletter for 1999.

Mr. Fanciullo has been included in Who’s Who in American Law and Who’s Who in America.

Bar Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • New York State Courts, admitted 1980

 

Feel Free to Call

Attorney Bill Fanciullo welcomes your call to discuss your case.

The Law Office of William Fanciullo is located in the Albany, New York area and represents clients throughout New York State and the national federal system.

 

  • The National Trial Lawyers