John Fietkiewicz draws on three decades of experience as a federal prosecutor in the District of New Jersey to counsel a wide array of corporate and individual clients in dealing with criminal and civil investigations and litigation. He defends clients in criminal prosecutions and government investigations, conducts internal investigations, counsels on corporate compliance, and litigates complex civil claims. During his career in government and private practice, John has personally handled and supervised a variety of white collar matters from the investigative stage through trial and appeal. These cases have involved bank, corporate, health care, securities, and tax fraud; official corruption; antitrust; money laundering; defense contracting; and cybercrime.
As part of the U.S. Attorney's executive team from 2010 until 2018, John oversaw the full array of criminal and civil cases handled by the approximately 150 attorneys in the Office. Notably, as Counsel to the U.S. Attorney, he created, implemented, and managed an innovative office-wide criminal trial program through which he supervised all criminal trials and provided advice to all trial teams on legal and evidentiary issues, trial strategy and tactics, witness preparation, witness examinations, and jury arguments. In his many years as a supervisor and Senior Litigation Counsel, John trained AUSAs on federal law and practice and in their handling of investigations and prosecutions.
Earlier in his career, John was the Editor-in-Chief of the Fordham Law Review, a Law Clerk to the Honorable Gerard L. Goettel, U.S. District Judge, Southern District of New York, and a civil litigator at a large New York law firm.
John is a frequent lecturer and panelist on numerous topics concerning white collar prosecutions, trial practice, evidence, professional responsibility, and federal criminal practice.
Experience
- BAPS, a major denomination of Hinduism, in an investigation by the U.S. Attorney’s Office for the District of New Jersey and the Civil Rights Division of the Department of Justice involving allegations of visa fraud and forced labor relating to the construction of the largest Hindu stone temple in North America.
- Fuel testing and inspection company in conducting an internal investigation, leading the company's defense to a federal investigation of past billing practices, and successfully arguing that the government should decline prosecution.
- Prominent New Jersey real estate professional in defending him in a federal criminal tax investigation and successfully persuading the government to drop the investigation without bringing any charges.
- New Jersey medical center and its parent health care system in conducting an internal investigation and coordinating the response to multiple enforcement investigations and regulatory reviews following allegations in the national press that patient care in the hospital's heart transplant program was compromised to improve survival statistics.
- The former CEO of a technology staffing company on a felony visa fraud charge that subjected him to a five year prison sentence, convincing the government to drop that charge and allow a plea to a class B misdemeanor that subjected him to a maximum six month sentence, and successfully advocating for a sentence of probation.
- Large New Jersey health care system and three of its hospitals in connection with a False Claims Act investigation by the U.S. Attorney’s Office for the District of New Jersey, the Department of Justice, and the U.S. Department of Health and Human Services, Health Resources, and Services Administration regarding federal COVID-19 Provider Relief Funds.
- Mechanical services company and its principals in defending them in a federal antitrust investigation of alleged price fixing in the mechanical services industry.
- A physician in defending him in a federal criminal tax investigation by the U.S. Attorney’s Office for the District of New Jersey.
- Waste disposal company that also holds a DEA registration as a reverse distributor for the disposal of controlled substance pharmaceuticals, in defending the company in a federal investigation of alleged false statements on DEA forms and negotiating a favorable settlement without any admission of liability.
- Disaster recovery company in investigating possible fraud against the company during the course of work in Puerto Rico after Hurricane Maria in 2017, prosecuting, defending, and ultimately favorably settling related lawsuits in NJ State Court, and Texas Federal and State Courts, and counseling the company on various corporate and tax matters.
- A national New Jersey community bank in counseling it in connection with multiple federal investigations of the bank's clients and coordinating the bank's response to those investigations.
- Former directors of that national New Jersey community bank in defending them in an OCC enforcement action and negotiating favorable settlements without any admissions of liability.
Perspectives
Recognition
Antitrust Law (NJ) (2021)
Litigation: White-Collar Crime & Government Investigations (NJ) (2023)
Anti-Corruption Investigations and Compliance (2019-2022)
Credentials
Education
- J.D., Fordham University School of Law, cum laude
- B.A., Montclair State College, magna cum laude
Admissions
- New Jersey
- New York
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court, District of New Jersey
- U.S. District Court, Southern District of New York
Government & Military Service
- Counsel to the U.S. Attorney; Chief Litigation Counsel; Professional Responsibility Officer; Senior Litigation Counsel, Special Prosecutions Division; Deputy Chief, Fraud Division; Assistant U.S. Attorney, U.S. Attorney’s Office, District of New Jersey
Clerkships
- U.S. District Court, Southern District of New York, The Honorable Gerard L. Goettel
Activities
- Instructor, National Advocacy Center, Basic Criminal Trial Advocacy Program and Evidence for Experienced Criminal Litigators Program
- Instructor, Legal Writing and Research, Fordham University School of Law
- Master of the Bench, C. Willard Heckel Inn of Court
- Member, ABA and Association of the Federal Bar of New Jersey
- Editor-in-Chief, Fordham Law Review