AV® Preeminent™ Peer Review Rated by Martindale-Hubbell® since 1997.
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. 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, 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.
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 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 justifying the award.
Mr. Fanciullo received letters of commendation from many sources, including the Department of Justice and former FBI Directors Sessions and Webster.
Mr. Fanciullo went into private practice in 1989. His practice is limited to litigation — civil and criminal — including trials, hearings, appeals and disciplinary and charge avoidance in federal and state courts and investigative and adjudicatory agencies.
Mr. Fanciullo offers an emphasis in federal litigation. He has spent much of his entire career in federal court. The many cases are varied and a full listing is not possible. Nor is it necessary. Whatever the case, the facts and law can be ascertained and pursued.
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.
Mr. Fanciullo assesses the needs of the client and acts on his or her 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 subpoenaed or targeted by an investigative agency.
When you deal with this firm, you deal with Mr. William P. 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. Most tasks are not delegated to others having less understanding of the client or the issues, but are handled personally by Mr. Fanciullo himself.
Representation may include commencing or defending actions, including all motion practice, hearings, trials and appeals, 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; 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 listing of areas is not exhaustive. There are many agencies and investigative bodies, and many types of investigation and accusation (other examples include OSHA, suspension and debarment, etc.). If it involves factual inquiry and/or accusation and presentation of facts and argument to assist the client, it is within Mr. Fanciullo's area.
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 a civil settlement agreement, or as a result of a successful effort at "charge avoidance" in the criminal arena. But, some cases are published, and here is a partial listing of some of Bill Fanciullo's published decisions.
A partial listing of cases follows:
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);
US. 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);
Michelson v. Daly, 590 F.Supp. 261 (N.D.N.Y. 1984);
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).
Mr. Fanciullo has conducted legal education seminars 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 is included in Who's Who in American Law.
American Bar Association
National Trial Lawyers Top 100 Trial Lawyers