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Edward Davis Fagan (born October 20, 1952, Harlingen, Texas) is a former American lawyer. He was known for trying to help groups of people get money back for past wrongs. However, he later lost his license to practice law because of problems with honesty and how he handled client money.

Fagan grew up in San Antonio, Texas. He took part in the Yom Kippur War in Israel. After finishing law school in 1980, he first worked as a lawyer helping people who were injured. Later, he worked for bigger companies. In the 1980s, he started a club for rich people. This club organized trips to exciting places with scientists and environmental experts.

Fagan became well-known in 1995 for filing lawsuits against Swiss banks. He wanted to get money for people who suffered during the Holocaust. Some people criticized him, saying he cared more about making money for himself than helping his clients. Fagan also faced issues in other cases, like a lawsuit about slavery in 2002 and a disaster in Kaprun in 2005.

He lost his law license in New York and New Jersey. This happened because he didn't pay court fines and misused money from clients, including some Holocaust survivors he represented. In 2007, he had serious money problems, owing about $9.4 million.

Early Life and Work

Edward Fagan was born in Harlingen, Texas, and grew up in San Antonio, Texas. His family practiced Conservative Judaism. Before becoming a lawyer, he went to Israel to join the Yom Kippur War. After returning to the U.S., he studied at Cardozo School of Law and graduated in 1980.

He started his legal career helping people who were hurt in accidents. Then, he worked for a big law firm that represented large companies. In the 1980s, he created an exploration club. This club allowed wealthy people to travel to interesting places. Scientists and environmentalists would join them on these trips. A non-profit part of this business, called the Odyssoe Foundation, started in 1991 but later failed.

Some clients and partners said that Fagan often didn't focus enough on his clients' needs. They mentioned he took on "too many clients" and didn't have enough resources. He was also "often absent" from legal fights. A law professor named Burt Neuborne, who once worked with Fagan, said that Fagan's early legal papers in the Swiss banks case were so poor that a judge asked him to rewrite them.

Major Lawsuits

2002 Slavery Lawsuit

In April 2002, Fagan filed a big lawsuit against eighteen companies. These included FleetBoston, CSX Corporation, and Aetna. He claimed these companies made money from the transatlantic slave trade and slavery between 1619 and 1865. He also included slavery that continued after 1865, up to the 1960s. In January 2004, a judge dismissed the lawsuit. The judge said Fagan could not clearly show a link between the people suing and the companies.

2002 Apartheid Lawsuit

Fagan also tried to file a $50 billion lawsuit against Swiss banks like UBS and Credit Suisse. He also sued U.S. banks like Citicorp Inc. He claimed they provided money to the South African apartheid government between 1985 and 1993. Apartheid was a system of racial separation and discrimination. A Swiss official called it "another unfair attack against Switzerland." Swiss citizens even told Fagan to "Go home!" when he held a press conference in Zurich.

2003 Mining Company Lawsuit

In 2003, Fagan and a South African law firm tried to sue large mining companies like Anglo American and De Beers. They claimed these companies made money from South Africa's unfair racial policies, which ended in 1994. A federal judge dismissed these claims in November 2004. Fagan was not allowed to represent the case.

2004 Artwork Lawsuit

In 2004, Fagan filed a lawsuit in New York for a group he called the Association of Holocaust Victims for Restitution of Artwork & Masterpieces. This group, however, did not actually exist. He sued Bank Austria Creditanstalt AG and other European groups for $6.8 billion. He claimed they stole artworks and other property during World War II's Holocaust. A judge dismissed the lawsuit in August 2005. The judge said the lawsuit was "frivolous" and that Fagan had "deceived the court." Fagan also failed to pay over $350,000 in fines related to this case. This failure led to his financial problems and losing his law license.

2004 Slave Trade Insurance Lawsuit

In the same year, Fagan sued Lloyd's of London, a British insurance company. He claimed they insured slave ships involved in the Atlantic slave trade. He did not win this case. Some activists criticized his focus on only financial payment. They felt that getting money was less important than educating people about racism and the history of slavery.

2005 Kaprun Disaster Lawsuit

Fagan tried to represent families of Americans who died in a mountain railway accident in Kaprun, Austria, in 2000. This disaster killed 155 people. In August 2007, a judge removed Fagan from the case. The judge noted that Fagan had personal money problems and had made false statements to the court. The judge also fined Fagan $5,000.

2005 Tsunami Victims Lawsuit

In 2005, Fagan started a lawsuit for people affected by the 2004 Indian Ocean earthquake. This earthquake caused a huge tsunami. The lawsuit was against the Thai government, the US National Oceanic and Atmospheric Administration, and a French hotel group. He claimed they did not give enough warnings about the earthquake and tsunami.

2006 Borat Movie Lawsuit

In 2006, Fagan sued the makers of the movie Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan. He asked for $30 million for two people from a Romanian village. He claimed their human rights were violated. Fagan said he wanted to "teach Hollywood a very expensive lesson." A judge dismissed the lawsuit in December 2006. The judge said the claims were too unclear to stand in court. Fagan planned to try again.

Problems as a Lawyer

Fagan was accused of not doing his job properly for clients. He sometimes left personal injury cases to work on the bigger Holocaust cases, which could bring in more money. One client sued Fagan and won $3.2 million because Fagan did not handle their case well. Fagan was also accused of wasting over $500,000 of his clients' money.

In 1998, a judge dismissed a lawsuit for a truck driver named Mr. Ortiz. The judge said Fagan, his lawyer, had "failed to prosecute" the case for three years and ignored court orders. Fagan had not seen, visited, or spoken with his client after 1996.

In another case, Fagan failed to submit a claim for Tom Giron. Giron was badly hurt by a stolen car. He never received any money because Fagan did not file the necessary papers in time. Another client, Offer Salmoni, won $167,000 against Fagan. This was because Fagan repeatedly missed court dates in Salmoni's eviction case, and the time limit for refiling the case passed.

New Jersey officials also filed a complaint against Fagan for a former client named Diane Gibbons. She said Fagan failed to submit important papers in her personal injury case, causing it to be dismissed. During these proceedings, Fagan admitted he was "in over my head a lot of the time."

Losing His Law License

In 2005, New Jersey officials began investigating Fagan. They accused him of misusing client money. On April 2, 2007, a court ruled that Fagan had "violated a number of rules." These rules stop lawyers from ignoring court orders, being dishonest, or misrepresenting things.

On December 11, 2008, a New York court decided that Fagan was not fit to practice law. This was because he failed to pay fines and money he owed to Bank Austria. The court also noted his "pattern of prior sanctions for unprofessional conduct" and his "lack of regret." The court ruled that Fagan would be "stricken from the roll of attorneys." The next day, he officially lost his law license in New York.

In January 2009, New Jersey also banned Fagan from practicing law in the state. This decision came after a recommendation that he should be disbarred. The reason was that he misused hundreds of thousands of dollars given to him by Holocaust survivors.

Financial Problems

Fagan's businesses and money problems started in the 1990s. He began to owe large amounts of federal taxes. In 1996, a company called Nynex Corporation sued his business, Odyssoe, for $228,000 for unpaid advertising. This bill was still not paid by 2000. In 1997, Fagan had to leave his offices because he couldn't pay the rent. He then rented space from another law firm.

By 2005, Fagan had 28 unpaid court orders and debts of over $4 million against him and his firm. Three of these were from clients who said he neglected their cases. In February 2007, he filed for bankruptcy in Florida. Court papers showed he owed about $9.4 million to people he borrowed money from.

See also

  • List of disbarments in the United States
  • Christoph Meili
  • Holocaust industry
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