Ronald Fischetti

Ronald Fischetti

Ronald Fischetti (born May 25, 1936) is an American criminal defense attorney based in New York City who has been a member of the New York State Bar since 1962. He is widely regarded as one of best trial attorneys in New York. Throughout his career, Fischetti has achieved widespread acclaim from both his supporters and detractors for his keen cross examination skills. On cross examination, Fischetti has been noted to have a sixth sense for blood, and an instinctive ability to zero in on the weaknesses of hostile witnesses until he garners favorable testimony for his clients. Fischetti has represented a cornucopia of criminal defendants in criminal matters involving organized and white-collar crimes, but he is perhaps most famous for his vigorous pro bono representation of Charles Schwarz in the landmark Abner Louima civil rights case.

Early life and education

Fischetti was born in Brooklyn, New York. He graduated from St. John’s Law School in 1961. In 1970, Fischetti ran for Congress as liberal anti-Vietnam War candidate.

Career

Fischetti is a well-known veteran attorney who has been described as a “master of the art of the trial.” He began his career working with notorious mafia attorney Jimmy LaRossa in the early 1970s. Fischetti captured attention a few years later when he defended Congressman Bertram Podell in a corruption suit. He ended up losing the case to a young prosecutor named Rudolph Giuliani. In 1977, he teamed up with a colleague in LaRossa's office, Gerald Shargel, and the two started their own firm. The pair lasted only two years together, but Fischetti has been representing high caliber defendants ever since.

By the 1980s, Fischetti attained great standing in the legal community through his representation of numerous high-profile defendants. In 1981, Fischetti represented Frank Pernice of the infamous Plato’s Retreat swinger club In 1984, Fischetti represented South Carolinian State Senator Albert “Gene” Carmichael in a federal case involving a vote buying conspiracy. In 1986, Fischetti represented Assistant United States Attorney Dan Perlmutter after he ran afoul of the law due to a cocaine and heroin habit. Prosecutors alleged that Perlmutter had stolen upwards of $450,000 worth of heroin and cocaine from an evidence locker to fuel his drug habit and to support his addiction to call girls while he was employed as an AUSA prosecuting drug crimes for the United States Attorney’s Office of the Southern District of New York.

In the mid-80s, Fischetti represented Gene Gotti, brother of infamous mob boss John Gotti, in a drug trafficking case. After two mistrials, Gotti was convicted of running a multi-million-dollar heroin distribution ring after his third trial.

In the early 1990s, Fischetti represented Congressman Robert Garcia in the famed Wedtech scandal. Garcia was convicted of extortion; however, Fischetti was able to have the conviction thrown out upon appeal. In a 1998 case, Fischetti defended famed restaurateur Elaine Kaufman of the popular celebrity hang out Elaine’s after she had a squabble with a bar patron.

Fischetti earned his most high-profile case in the late ‘90s when he got involved in the uproar of the Abner Louima case defending Chuck Schwarz, one of the New York City police officers charged with the heinous assault on the Haitian immigrant. After five years of litigation, Schwarz accepted a five-year sentence for perjury in exchange for prosecutors dropping the charges that he violated Louima's civil rights. For many years Fischetti had been one of the elite New York defense lawyers who prospered by helping white-collar defendants, errant politicians and affluent thugs; however, his defense of Schwarz placed him under the spotlight as never before as the case generated national attention and helped launch the career of Al Sharpton.

At the end of the 1990s, Fischetti began to represent Dana Giacchetto. Giacchetto, who had been described as a money manager to stars like Leonardo DiCaprio, Tobey Maguire, Cameron Diaz, and Courteney Cox, ultimately plead guilty to defrauding his clients to the tune of $9 million dollars. Eventually, Fischetti represented Giacchetto in a second similar fraud in 2014, and he was able to obtain a lenient sentence of probation and a small amount of restitution.

In the early 2000s, Fischetti defended Dennis Gaito of the Stratton Oakmont brokerage house. In that case, Fischetti focused his defense on the flimsily credibility of firm leader turned cooperating witness Jordan Belfort. Gaito’s first trial ended in a mistrial, but he was convicted after a second trial.

Fischetti hasn't lacked for high-profile clients in recent years. He came to the defense of WABC anchorman Steve Bartelstein after he was accused of sexually harassing a male co-worker. In 2002 he represented Brooklyn city councilman Angel Rodriguez in an extortion conspiracy. He represented legendary grunge rocker Courtney Love, of the band Hole, on drug charges 2003. He was able to prevent an indictment being levied upon longtime Mets third baseman Howard Johnson on tax evasion charges in 2005. Also in 2005, Fischetti answered the call to defend disgraced New York State Supreme Court Judge Gerald Garson in a judicial bribery case. Remarking on the case to the press Fischetti exclaimed that, “the only bribe he’s accused of taking is lunch and dinner.” He added, “Now I tell you, I mean, that it is so ridiculous on its face. A person like Jerry Garson, who’s a supreme court judge, is not going to throw on his robes for a hamburger.” In December 2006, Fischetti signed on to defend Broadway actor James Barbour, the star of Jane Eyre and Beauty and the Beast, who eventually admitted to fondling a 15-year-old backstage at one of his plays.

In 2010, Fischetti defended Alex Figliola who was indicted for defrauding the Metropolitan Transportation Authority out of 2 million dollars. In 2012, he represented Bonanno crime family boss Vincent "Vinny TV" Badalamenti. Fischetti was able to successfully have the more serious charges of racketeering and extortion charges dropped, but Badalamenti plead guilty to nonviolent collection of an unlawful debt and sentenced to 18 months in prison. On May 16, 2013 Badalamenti was released from the Federal Correctional Institution, Fort Dix in Fort Dix, New Jersey. Also in 2012, he began a lengthy representation of Michael Zemlyansky an alleged Russian mobster who perpetrated the largest no-fault insurance fraud in American history ($275 million). Zemlyansky was acquitted on nearly all counts during the first trial; however, the government subsequently indicted him for conspiracy to commit the acts he was acquitted of, and he lost a second trial on those charges.

In 2016, Fischetti defended Harco Construction Company for its role in a construction accident that resulted in the death of an Ecuadorian immigrant. The court ordered the company to pay for public service announcements regarding construction safety; however, Fischetti refused to comply with the order arguing that the judge could not lawfully order the company to speak on the matter because of the First Amendment. Harco paid a meager fine of $10,000 for the conviction.

In addition to trial work, Fischetti has taught trial advocacy at Fordham Law School, Harvard Law School, Cardozo Law School, New York University Law School, and Yale Law School. He is also a frequent legal commentator on high profile cases; such as with the Martha Stewart case on MSNBC.

Notable clients

• Congressman Bertram Podell

• Gene Gotti

• Congressman Robert Garcia

• Dana Giacchetto

• Elaine Kaufman

• Steve Bartelstein

• James Barbour

• Supreme Court Judge Gerald Garson

• Charles Schwarz of the Abner Louima civil rights case

• City Councilman Angel Rodriguez

• AUSA Dan Perlmutter

• Howard Johnson

• Dennis Gaito of Stratton Oakmont

• Alex Figliola

• Michael Zemlyansky

• Courtney Love

• Frank Pernice of Plato's Retreat

• Dr. Keith Sedlacek (author)

• Senator Albert Carmichael

• Dr. Stuart M. Berger [diet author]

• Vincent Badalamenti

References

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