Robert James McFadden Jr was admitted to the California Bar 22nd December 1976, but has since been disbarred. Robert graduated from Loyola Law School.

Lawyer Information

NameRobert James McFadden Jr
First Admitted22 December 1976 (48 years, 5 months ago)
StatusDisbarred
Bar Number71883

Contact

Phone Number760-671-4866

Schools

Law SchoolLoyola Law School (Los Angeles CA)
Undergraduate SchoolUniversity of Southern Calif (Los Angeles CA)

Address

Current Address15300 Palm Dr #144
Desert Hot Springs, CA 92240
Map

History

8 September 2010Disbarred (14 years, 8 months ago)
Disbarment 09-N-15800
4 April 2010Not eligible to practice law in CA (15 years, 1 month ago)
Ordered inactive 09-N-15800
10 July 2009Not eligible to practice law in CA (15 years, 10 months ago)
Interim suspension after conviction 09-C-10283
28 May 2009Conviction record transmitted to State Bar Court 09-C-10283 (15 years, 11 months ago)
22 December 1976Admitted to the State Bar of California (48 years, 5 months ago)

Discipline Summaries

September 8, 2010

A Desert Hot Springs lawyer who is serving time in prison for using his client trust account in an illegal HIV drug-buying-and-selling operation has been disbarred. ROBERT McFADDEN [#71883], 64, stipulated to the disbarment, which took effect Sept. 8. He had previously been under interim suspension. McFadden was convicted in U.S. District Court in New Hampshire in 2009 of conspiracy to launder money, commit wire fraud and engage in unlicensed wholesale distribution of prescription drugs. All three counts involved moral turpitude, a State Bar Court concluded, and made McFadden eligible for summary disbarment.

McFadden also stipulated he violated Rule 9.20 when he falsely claimed he informed all parties necessary that he was on interim suspension. Failure to comply with the rule is grounds for disbarment. He also was suspended for non-payment of bar dues.

The California attorney was among a number of people involved in a 2002-04 scheme to buy Serostim from HIV patients at prices significantly below what they cost from the drug maker. Serostim is an injectable drug made by Serono Inc. of Rockland, Mass. It is used to treat a wasting syndrome in HIV patients.

After the drugs were received, false “pedigree” documents were created to look like they came from legitimate sources. The illegal drugs, which typically came from Los Angeles and Palm Springs, were then sold to licensed wholesale distributors through a legitimate New Hampshire distributor. McFadden put more than $2.1 million from the wholesale distributors into his client trust account and paid the people who had sold the drugs to them with cashier’s checks. Besides the prison sentence, McFadden was ordered to pay $97,000.

Co-conspirators included Thomas Lavery, a Palm Springs wholesale distributor of Serostim, and Beth Handy, a licensed New Hampshire wholesale distributor of prescription drugs whose name was used on the shipping labels of the drugs and who falsified papers to make the drugs look like they came from legitimate sources. They, unlike McFadden, pleaded guilty.

McFadden and the others were arrested after Serono warned distributors that it does not sell the drug at a discount and to be wary of anyone offering a low price. Serono also issued a new bar code system to detect fraud and a list of its trusted wholesalers.

McFadden was sentenced to three years in prison and two years of supervised release, and Lavery was sentenced to four years and four months in prison followed by three years of supervised release. Handy was sentenced to two years in prison and three years of supervised release.