John P. Fazzio, Esq.

Founder & Managing Attorney

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John P. Fazzio, Esq.

Managing Attorney

jfazzio@fazziolaw.com

John Fazzio is an aggressive young trial lawyer who is a fierce advocate for his clients in and out of the courtroom. He lives for David and Goliath type contests. John is not afraid to go to trial and has gone all the way to verdict on varied cases including foreclosure, bankruptcy, tax, intellectual property, criminal, and personal injury. John has also prosecuted a number of appeals cases. John regularly practices in the State and Federal Courts in New York and New Jersey.

John does not believe in a “no-win” situation and he believes that a lawyer should be as adept and skilled at human relations, negotiation and problem solving as he is at law. While John is a trial lawyer who is ready to engage in battle and loves to present a case, he is eminently practical and steers most cases to a settlement that the client is happy with long before it is time to sound the trumpets of war.

John specializes in foreclosure litigation, tax controversy, entertainment law and trials. As a foreclosure lawyer, he brings the fight to the banks and raises issues of standing, modification fraud, and overcharging to leverage reasonable modification settlements or advantageous short sales. As a tax controversy practitioner, John helps clients settle their tax debts with payment plans or advantageous offers, reducing the balance owed substantially. John’s practice focuses on helping individuals weather these financial storms and he helps to guide clients safely through choppy seas. Often that requires both passionate advocacy and detours into other areas of law, such as bankruptcy, finance or real property. It is in these cases that John’s tough negotiating skills and versatile background are a truly unique asset.

John also has developed an entertainment practice handling contested intellectual property matters in New York Federal Court, assisting with corporate entertainment agreements, distribution agreements and deals in the music industry, acting as in-house counsel for recording companies and handling varied matters for media moguls and entertainers. John also represents several boxing managers on boxing law issues and tax matters, including international taxation of travelling entertainers.

John started his legal career as a Student Assistant at the Burlington County Prosecutor’s Office, then did a Judicial Clerkship with Frederick J. Schuck, J.S.C. in Camden, NJ. After his clerkship, John worked on mergers and acquisitions and corporate litigation matters as a Corporate Attorney for two prominent North Jersey law firms, Scarinci & Hollenbeck, LLC and Archer & Greiner LLP. Then, John worked as a Tax Attorney for the Law Offices of Donald G. Koch, P.C. in downtown New York, resolving Tax Controversy matters for businesses and individuals. While at Scarinci & Hollenbeck, LLC, John prosecuted foreclosures for one of the major banks, gaining valuable insight into the bank’s perspective on mortgage foreclosure matters. John worked for his father’s Environmental Consulting Firm for 5-years prior to law school and did internships with the New York Stock Exchange, Bloomberg, L.P. and the Brooklyn District Attorney’s Office.

John has an L.L.M. in Taxation from NYU School of Law, a J.D. from Brooklyn Law School, and has studied corporate finance at Columbia University Graduate School of Business. Prior to law school, John attended The College of New Jersey and earned a B.S. in Business Management, a B.A. in English, and a minor in Political Science.

During law school, John was a member of the Moot Court Honor Society and the Journal of Law and Policy, the Corporate and Real Estate Clinic and the Prosecutor’s Clinic. John’s Moot Court team won the National Appellate Tax Oral Advocacy competition and both best oralist awards. John also competed nationally with the trial side of the Moot Court program on the school’s TYLA National Trial Advocacy Team, coached by Michael Vecchionne, First Assistant District Attorney at the Brooklyn D.A.’s Office, and one of the most accomplished trial attorneys in the country. At graduation John was awarded both the faculty’s Trial Advocacy Prize and the faculty’s Real Estate Prize.

While at Brooklyn Law School, John saved a large HDFC building from foreclosure, by working out a loan that had been delinquent for more than twenty (20) years and getting the Department of Finance to re-finance the loan, under the tutelage of Debrah Bechtel, who runs the Corporate and Real Estate Clinic at Brooklyn Law School.

John is licensed to practice in New York, New Jersey and Pennsylvania. He is a member of numerous bar associations and committees. John is currently working on completing the requirements to become a New Jersey Certified Civil Trial Attorney.

John’s interests outside the office include running marathons and ultramarathons, writing short fiction and essays, kickboxing, setting up wine tastings for friends and family, and working to be a good steward of whatever he is entrusted with. John is a practicing Christian.

John will be participating in the New York City Marathon and the Philadelphia Marathon this fall. He hopes to take a shot at the Leadville 100 in Leadville, Colorado this coming August, God willing.

John’s publications, editorial positions and speaking engagements include:

Pharmaceutical Patent Settlements: Fault Lines at the Intersection of Intellectual Property and Antitrust Law Require a Return to the Rule of Reason, 11 Fla. J. Tech. L. & Pol’y 1 (2006).
Financial Innovation Patents: The Future of the Futures Markets, or Old Wine in New Bottles, 10 Computer L. Rev. & Tech. J. 41 (2005).
Editorial Board: New Jersey State Bar Association, Young Lawyer’s Division Bi-Monthly Magazine – DICTUM

REPRESENTATIVE DECISIONS

Foreclosure

Dismissal of Burlington County Foreclosure Action due to bank’s inability to produce the original Note on the eve of trial.
Negotiated a 40 year 2% interest foreclosure modification as a settlement of Counterclaims alleging standing defects, modification fraud and excess overcharges to the homeowner, on a Hudson County Foreclosure matter.
Overturned a 2006 Judgment of Foreclosure by Order to Show Cause in a Westchester County, New York foreclosure matter that was heard in 2012.
Tax/Tax Court

Overturned a New Jersey State Regulation applying the Realty Transfer Tax to related corporations, on argument to the New Jersey Tax Court.
Negotiated an IRS Offer-in-Compromise of $6,220 on a debt of over $150,000.
Negotiated an IRS Offer-in-Compromise of $59,000 on a debt of over $1,000,000 spanning back 3 decades.
Successfully defended an IRS audit where the original examination showed amounts owed totaling approximately $490,000, and the final underpayment amounted to $40,000.
Overturned a NYS Sales Tax Audit of a Pizza Chain that was botched by the company’s accountant by filing a Claim for Refund and receiving a six-figure refund.
Bankruptcy

$252,000 Judgment for Plaintiff in a Newark, New Jersey Bench Trial in an Adversary Proceeding on behalf of a sister whose brother fraudulently stole title to her home, in a scheme where he purported to be saving her from foreclosure.
Entertainment

Judgment of Dismissal After Bench Trial for one Defendant and Judgment of $6,000 of damages against another Defendant in a Southern District of New York Federal Copyright case against a hip hop mogul and his producer who were accused of sampling a song without a license.
Successfully obtained a Temporary Restraining Order freezing all royalties in a dispute between a well-known band, and their producer, who the band claimed had abandoned them, thus relinquishing his rights.
Pursuing Cross Claims against a major record company that hired an artist out from under an indy label.
Chancery

Judgment for Plaintiff after Bench Trial awarding her a house worth over $250,000 and zeroing out her co-tenant’s interest on proof of waste and neglect in a Bergen County, NJ Partition matter.
Criminal

Not Guilty Verdict in a Criminal Case in which Defendant was charged with serious accusations that he led a ring of Bayonne car thieves, in Hudson County, NJ.
No Bill at Grand Jury proceedings for a Marine who served in the Fallujah campaign and was licensed to carry in Virginia, but was facing 5 years with 85% for unlicensed carry in New Jersey.

John J. Boulton, Esq.

Attorney, Senior Associate

Caitlin Gibbons

Office Manager, Criminal Investigations

Caitlin Gibbons is our Office Manager and she runs the show at Fazzio Law Offices.

For our criminal clients, Caitlin conducts investigative services, reviews police reports and examines the evidence presented by arresting officers, detectives and the Prosecutor’s Office. Caitlin assists with developing evidence in support of our client’s defense and interviews defense witnesses and works with our experts to prepare exculpatory reports and testimony for trial.

Caitlin Gibbons is also a tax paralegal who is sitting for the IRS Enrolled Agents exam, so she can represent taxpayers before the federal and state tax authorities. Caitlin supports all of the firm’s practice teams, is our billing administrator, and is the main paralegal for the Tax Group at Fazzio Law Offices.

Caitlin, being good with numbers, also works with our Tax Group and will be a point of contact who you can reach out to for an update on your case or to provide additional documents that need to go out to the appropriate taxing authorities.

Before joining Fazzio Law Offices Caitlin worked as a teacher at the Center for Family Resources in Ringwood, NJ. In that role, Caitlin was responsible for aiding students with early childhood development, and liaising and collaborating with various state and local agencies. Prior to that, Caitlin interned at Children’s Hospital of New Jersey at Newark Beth Israel Medical Center in Newark, New Jersey, where she worked variously in the Pediatric ICU, Pediatric Unit and Outpatient Cancer Center both assisting healthcare providers with completing charted goals and with minimizing child anxiety of upcoming procedures by instilling a positive attitude in patients through rapport and play. Caitlin also had prior experience at several other pediatric care and childhood service institutions.

At Fazzio Law Offices, we believe that a positive attitude is fundamental to achieving positive outcomes, and we appreciate Caitlin’s uplifting spirit, which we believe contributes to successful case outcomes.

Caitlin graduated Cum Laude from Montclair State University with a Bachelor of Arts Degree in Family & Child Studies.

In addition to her work with children, Caitlin worked part-time over the past four years for Ringwood Regional Fire Protection on general office management tasks, accounts receivable/payable and inventory and purchasing.

At Fazzio Law Offices, Caitlin assists Mr. Fazzio with filing Powers of Attorney, assembling form 433-A, Collection Information Statements for individuals and form 433-B, Collection Information Statements for Businesses, corresponding with Revenue Officers, Settlement Officers, and State Collection agents. Caitlin brings her success mentality and positive attitude to her interactions with federal and state authorities and helps the tax team to fiercely advocate on the client’s behalf.

Kimberly Protocollo

Junior Paralegal

Kimberly Protocollo is a paralegal with Fazzio Law Offices in our Hoboken, New Jersey Office.

Kim supports all of the Firm’s practice teams. Kim has experience with criminal defense, having previously interned with a criminal defense practice while attending college in Massachusetts and having served as a member of the National Criminal Justice Honor Society. Kim also clerked at the Bayonne Municipal Court, where she was tangentially involved with a wide range of Disorderly Persons offenses.

Before joining Fazzio Law Offices, Kim worked with several small law firms and has substantial experience with litigation, real estate transactions, and bankruptcy filings as well as criminal law. Through this experience, Kim gained an understanding of the court process and gained an understanding of how judges and their staffs evaluate attorney submissions.

At Fazzio Law Offices, we believe that a positive attitude is fundamental to achieving positive results, and we appreciate Kim’s enthusiastic and detail-oriented approach, which we believe contributes to successful case outcomes.

Kim graduated Summa Cum Laude from Lasell College with a Bachelor of Arts Degree in Legal Studies and a minor in accounting. While attending college, Kim worked for the YMCA of Greater Boston coaching gymnastics for elementary school age children. Through this experience Kim learned how to be a “coach” to help young athletes achieve their goals and gain confidence. These same skills carry over well and apply equally to guiding individuals through the legal process.

At Fazzio Law Offices, Kim assists us with helping clients to achieve favorable outcomes and to overcome legal challenges. She is one of our frontline employees that interfaces with clients and answers their questions and is a problem solver who uses her passion for people and her passion for the law to make a difference in the lives of our clients.

Kim is a licensed Notary Public in the State of New Jersey.

Anthony Dembia

Law Clerk, Future Attorney

Anthony Dembia is in his final year of law school and will soon be sitting for the bar. Currently, he is a clerk at Fazzio Law Offices, and uses his expertise in criminal, financial, and medical matters to help our criminal clients prepare and mount a compelling defense.

Anthony is a first-rate advocate who previously worked as an intern at the Morris County Prosecutor’s Office where he conducted legal research and drafted legal memorandum, motions, and briefs on the State’s behalf. He also has substantial experience with White Collar Crime, having assisted the Fraud and Financial Crimes Special Division in on-going investigations.

At Fazzio Law Offices, Anthony is involved with research and case preparation for criminal defense cases, civil controversies (including complex commercial construction litigation), and in tax controversy defense.

Anthony is finishing his studies at Rutgers University School of Law in Newark where he is a member of the Rutgers Federal Tax Clinic and co-president of the Rutgers Tax Law Society. Anthony also has a bachelor’s degree in Economics from Rutgers University. Anthony has also volunteered for years as an EMT with the Morristown Ambulance Squad.

Zoltan Simon, Esq.

Criminal Defense Attorney

Zoltan Simon is a litigator and problem solver who is at home at the negotiating table and in the court room. Zoltan is an experienced criminal defense lawyer who has negotiated or defended a wide range of criminal defense matters.

On the foreclosure side, Zoltan is an instructor with the New York, New Jersey and Federal Mortgage Broker certification courses in addition to twelve years of mortgage loan origination and attorney closing experience. With this background he is able to analyze mortgage documents to determine if the original loan was predatory, fraudulent or defective. He is skilled at finding the weak points in the bank’s proofs.

On the tax side, Zoltan has experience as an entrepreneur running several New York City ventures and has experienced first-hand the complex and difficult tax planning that goes into running an operating business. Zoltan advises tax clients on strategies for maximizing their operations with an eye toward the bottom-line.

Zoltan is a Licensed Mortgage Broker in NY, NJ and CT and an Adjunct Professor at the American School of Business. He is a Licensed Realtor in NY, a Certified Gaurdian Ad Litem and has experience as a court appointed receiver on commercial foreclosure cases. He has also co-authored for publication in “Stop My Crisis” debunking reverse mortgages as a viable option for seniors. Zoltan is an Attorney member of the National Police Defense Foundation supporting the efforts to vindicate unjustly prosecuted or falsely convicted law enforcement officers.

Zoltan Simon has a J.D. from New York Law School and a B.S. in Information Systems from Fairfield University.

Zoltan is licensed to practice in New York and Connecticut.

CONTACT INFORMATION

 

5 Marine View Plaza
Hoboken, NJ 07030

 

(201) 529-8024

 

Mon-Fri: 9:00 am to 6:00 pm

 

e-mail me: jfazzio@fazziolaw.com