Ceglia, of Wellsville, New York, was first charged in 2012. He claimed he was entitled to ownership of half of Facebook, based on a 2003 contract the two had signed, but prosecutors accused him of forging the contract with Zuckerberg, who would be expected to testify at trial.
Ceglia, who was to face trial May 4, has pleaded not guilty. Fogg said Monday that Ceglia has "always been concerned with justice."
"He has always been concerned about if he'd get a fair trial," Fogg said.
The charges flowed from a 2010 civil lawsuit Ceglia filed against Zuckerberg and Facebook in Buffalo, New York.
The lawsuit contended the two men signed a contract when Zuckerberg was a freshman at Harvard University that gave Ceglia half of a planned social networking website.
Read MoreHow many 'life-saving' watches will Apple sell?
Zuckerberg had previously done some programming work for Ceglia's company, StreetFax.com, and Facebook has said the only valid contract between them related to that company.
Prosecutors said Ceglia forged documents as part of the Buffalo litigation, including the contract and email correspondence with Zuckerberg.
Last year, a Buffalo federal judge dismissed Ceglia's lawsuit, finding the purported contract for an ownership stake in Facebook was doctored.
Ceglia is appealing.
The case is U.S. v. Ceglia, U.S. District Court, Southern District of New York, No. 12-cr-00876.