Joseph A. Fazioli

joseph-fazioli

Joseph A. Fazioli

Partner

Silicon Valley | 2440 W. El Camino Real, Suite 700, Mountain View, CA 94040-1499
+1 650 813 4836 | +1 650 813 4848

San Francisco | One Bush Street, Suite 1600, San Francisco, CA 94104-4446
+1 415 262 4529 | +1 415 262 4555

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Joseph Fazioli represents corporations and individuals in high-profile matters involving sensitive white-collar litigation, complex commercial litigation, and investigations before major regulatory bodies. Mr. Fazioli has successfully tried over a dozen criminal and civil cases in federal and state courts in numerous jurisdictions. In addition to having investigated and prosecuted federal crimes involving complex white collar, securities and corporate fraud, Mr. Fazioli also advises clients on a range of other areas, including financial services, health care, life sciences, technology, trade secrets, and administrative law.

Mr. Fazioli served as an Assistant United States Attorney for the Northern District of California from 2004 to 2016. During his tenure as a prosecutor, he tried 11 federal criminal cases to verdict (eight jury trials), including six as lead trial counsel. Mr. Fazioli worked on numerous complex white collar fraud trials and investigations, and obtained victories as lead counsel in four separate white collar jury trials over a 27-month period. He also served as lead counsel on several federal criminal appeals, including making two Ninth Circuit oral arguments.

Prior to joining Dechert, Mr. Fazioli also worked as an associate at a top litigation boutique, where he represented corporations in a variety of civil litigation matters and took three civil cases to trial. His professional experience also includes working as a litigation analyst at Deloitte & Touche Consulting Group, where he conducted corporate fraud investigations, assisted in high stakes civil litigation, and provided management consulting services for both corporations and individuals.

Experience
  • Representing a joint venture and real estate developer in connection with the U.S. Department of Justice’s $1 billion civil forfeiture complaints related to the 1MDB Malaysian sovereign wealth fund scandal. Obtained U.S. Department of Justice and federal district court approval of an agreement allowing client to market the Park Lane Hotel in New York. Successfully defended marketing agreement in litigation both in the district court and the Ninth Circuit. 
  • Representing a former chief financial officer in connection with a U.S. Department of Justice criminal investigation.
  • Represented a major bank’s chief currency trader in connection with U.S. Department of Justice and UK criminal investigations into foreign exchange market.
  • United States v. Albert Hu: Obtained jury guilty verdicts on investment fraud charges against an international hedge fund founder after previously obtaining his extradition from Hong Kong.
  • Taken both criminal and civil trade secrets cases to trial, including serving as the second chair of the first economic espionage/trade secrets criminal jury trial in the Northern District of California.
  • Represented a Fortune 50 corporate executive in a U.S. Department of Justice/Securities and Exchange Commission Foreign Corrupt Practices Act investigation into Eastern European business practices.
  • United States v. Melvin Shields, et al: Obtained jury guilty verdicts after a seven-week trial against the co-founders of a securities fraud scheme involving separate business projects throughout the United States.
  • Represented a private equity fund partner regarding his withdrawal from fund to start new venture.
  • Prosecuted employees who had defrauded various technology and life science corporations including Symantec, Alza Pharmaceuticals, Network Associates, and Gilead Sciences.
  • United States v. David Prince: Obtained jury guilty verdicts on investment fraud charges against a Saratoga attorney after a three-week trial.
  • Represented a South Korean corporation and subsidiary in a U.S. Department of Justice investigation.
  • Represented an individual in connection with the Brazilian Operation Car Wash/Petrobras scandal.
  • United States v. Myra Holmes: Obtained jury guilty verdicts on bankruptcy and bank fraud charges after a three-week trial.
  • United States v. Thomas O’Meara: Prosecuted a Carmel real estate developer for an investment fraud scheme related to his unsuccessful attempt to complete a Jack Nicklaus designed golf course scheduled to host a PGA Tour golf event.
  • United States v. Balakrishnan Patwardhan: Prosecuted the founder of a visa consulting firm who engaged in H-1B high technology Visa fraud.
  • Schwartz v. Qualcomm: Represented Qualcomm in civil trial over engineer employee stock options voided upon sale of company division to Ericsson.
  • Grand Eagle Companies v. ABB: Represented Asea Brown Boveri (ABB) in trade secrets and contract dispute civil trial related to circuit breaker servicing business.
  • DuPont and Bayer AG in antitrust civil litigation.
  • Soros Fund in stock option civil dispute with subsidiary’s former Chief Executive Officer.
  • Morgan Stanley in insurance coverage civil dispute related to the Robert Maxwell scandal.

Includes matters handled at Dechert or prior to joining the firm.

Education
  • Stanford University, A.B., Political Science, 1994, with Distinction and Honors, Junior Election to Phi Beta Kappa, Editorial Board of The Stanford Daily
  • Harvard Law School, J.D., 1999, Notes Editor of the Harvard Journal of Law & Public Policy; Research Assistant to Professors Christopher Edley, Jr. and Todd Rakoff
Admissions
  • California
  • Illinois
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the Northern District of Illinois
Clerkships
  • United States Court of Appeals for the Sixth Circuit, Honorable David A. Nelson
Speaking Engagements
  • Perspectives on SEC and Criminal Enforcement in Silicon Valley: 2015 and Beyond — Silicon Valley Directors' Exchange, (February 12, 2015)
  • Bankruptcy Crimes — San Francisco Bar Association Commercial Law/Bankruptcy Section, (June 11, 2013)
  • Federal White Collar Criminal Prosecutions — Geneva Group International's Annual North American Regional Conference, (May 10, 2013)
  • Prosecuting Complex White Collar Crimes — Association of Certified Fraud Examiners, San Jose, CA (April 25, 2013)