Letter to FBI -- 1995 (Rep. Norton, Tom Foley, Mitchell Rosenheim, Esq.)

February 18, 1995
3801 Connecticut Avenue, NW
#136
Washington, Dc 20008

David M. Bowie
Supervisory Special Agent
Federal Bureau of Investigation
1900 Half Street, SW
Washington, DC 20234-1600

Social Security Disability Claim No. xxx-xx-xxxx

Dear Mr. Bowie:

Enclosed for your information are communications that I sent to two federal officials regarding the above-referenced disability claim.

1. Letter to the Hon. Eleanor Holmes Norton, D.C. Delegate to Congress, dated February 7, 1994, re: disability back payments. I do not know what communications, if any, Delegate Norton or members of her staff had with any persons associated with Akin Gump with regard to issues pertinent to my disability claim or job termination.  Delegate Norton responded promptly to my inquiry.

2. Letter to the Hon. Thomas W. Foley, member of Congress from Washington state, dated April 1994, re: psychological testing performed at a mental health facility in Spokane, Washington, in April 1980.

On January 12, 1995 Akin Gump announced that Mr. Foley, who had lost his seat in Congress in the November 1994 general election, would be joining the firm as partner, specializing in international trade. I do not know what communications, if any, Mr. Foley has had at any time with any persons associated with Akin Gump with regard to issues pertinent to my disability claim or job termination. Mr. Foley did not respond to the series of communications concerning this issue that I sent to his office, some of which I had copied to the FBI.

Incidentally, Mr. Foley’s wife, Heather Foley, has been (and may continue to be) a member of the Board of Trustees of the George Washington University, where I continue to undergo psychiatric treatment

Sincerely,

Gary Freedman
____________________

February 7, 1994
3801 Connecticut Avenue, NW
#136
Washington, DC 20008

Eleanor Holmes Norton, M.C.
Northwest Constitution Services Office
815 15th Street, NW
Washington, DC 20005

Dear Representative Norton:

I am currently receiving Social Security disability benefits. Benefits began effective August 1993, as per the Notice of Award dated August 17, 1993, a copy of which is enclosed.

As stated in the Notice of Award, the Social Security Administration (SSA) is holding the benefit payments for the period April 1992 through July 1993, the initial period of my eligibility. I have not yet received these payments, despite the fact that almost six months have passed since the Notice of Award.

SSA determined that I am not suitable for employment by reason of mental disturbance. SSA’s disability determination was based in part on documents prepared by my former employer, the law firm of Akin, Gump, Strauss, Hauer & Feld (“Akin Gump”), stating that attorney managers of the firm had determined in consultation with a psychiatrist that I suffered from a paranoid disturbance and was potentially violent

After my job termination on October 29, 1991, I had filed a complaint with the D.C. Department of Human Rights (“DOHR”), alleging that the termination was unlawful under the D.C. Human Rights Act of 1977, docket no. 92-087-P(CN). In response to DOHR’s Request for Documents, Akin Gump submitted documentation establishing that the firm had a legitimate business reason for the termination, namely the employer’s concerns regarding my mental health. DOHR issued a no probable cause determination on September 24, 1993, finding that Akin Gump’s termination decision was lawful, based as it was on Akin Gump’s determination that I suffered from a severe mental disturbance that rendered me not suitable for employment.

Subsequent to SSA’s Notice of Award in August 1993, a question has arisen regarding the veracity of Akin Gump’s statements filed with DOHR that Akin Gump had determined that I suffered from a mental disturbance. It may be that SSA is withholding the disability payments for the period April 1992 through July 1993 because of concerns regarding the veracity of statements contained in the documentation prepared by Akin Gump.

SSA must recognize, however, that Akin Gump’s managers, as attorneys, are well aware that the filing of false evidence with the DOHR would subject said attorneys, including the firm’s managing partner, Mr. Laurence J. Hoffman, to possible criminal prosecution and professional sanctions up to and including disbarment. The merits of SSA’s possible concerns regarding the bona fides of Akin Gump’s disability determination should be weighed in this light.

In conclusion, I would appreciate your office looking into why SSA is withholding disability benefits for the period April 1992 through July 1993 in SSA disability claim no.: xxx-xx-xxxx.

Thank you for four attention to this matter.

Sincerely,

Gary Freedman
____________________

April 9, 1994
3801 Connecticut Ave., NW
#136
Washington, DC 20008

Hon. Thomas S. Foley
1201 Longworth House Office Building
Washington, DC 20515-5101

Der Mr. Foley:

I am a former resident of the city of Spokane, Washington. I lived in Spokane during the period August 1979 until August 1980 while attending my first year of law school at Gonzaga University. While living in Spokane I obtained psychological counseling at the Spokane Community Mental Health Center, which retains in its file the results of a psychological test I took in April 1980.

I am currently in psychotherapy with a psychiatrist at the George Washington University Medical Center, 2150 Pennsylvania Avenue, NW, Washington, DC 20037; my psychiatrist is Dr. Suzanne M. Pitts. Also, I am currently receiving disability benefits from the U.S. Social Security Administration by reason of mental disability. My former employer, the law firm if Akin, Gump, Strauss, Hauer & Feld, terminated my employment in late October 1991 upon making the determination that I was paranoid and potentially violent.

I believe it would be useful to a full evaluation of my case for my current treating psychiatrist to obtain the results of psychological testing on file at the Spokane Community Mental Health Center. Unfortunately, the Center refuses to release the results to my psychiatrist; the Center states that the age of the results renders them invalid. The results of the test, despite their age, would nonetheless provide my psychiatrist with useful insights about my personality. Specifically, the results of the test, taken in April 1980, would indicate my mental response to unique, nonreplicable stressors, namely, my mother’s death three months earlier in January 1980, my first year of law school immediately prior to final exams in April, and my living on my own away from home for the first time after college.

I would greatly appreciate your assistance in obtaining the psychological test results from the Spokane Community Mental Health Center, which may be forwarded directly to my psychiatrist at GW. Certainly, any action that might lead to an improvement in my condition and therefore in my employability is in the public interest.

Also, because of the political sensitivity of this matter, more fully detailed in the enclosed letter to Mr. Mitchell Rosenheim, Esq., I trust that members of your staff will treat this inquiry with the utmost confidentiality.

Thank you very much for your assistance

Sincerely,

Gary Freedman
____________________

Attachment to Foley letter, dated 4/9/94

March 16, 1994
3801 Connecticut Avenue, NW
#136
Washington, DC 20008

Mitchell S. Rosenheim, Esq.
Akin, Gump, Strauss, Hauer & Feld, LLP
1500 NCNB Plaza
300 Convent Street
San Antonio, TX 78205

Dear Mr. Rosenheim:

I found it remarkable (bordering on the bizarre) that President Clinton is considering placing the name of Gilbert F. Vazquez in nomination for the post of EEOC chairman.

I am sure that Mr. Vazquez is an outstanding attorney and an excellent choice for the position of EEOC chairman. At the same time, Akin Gump's history of questionable employment practices makes the choice of any Akin Gump attorney (with the exception of Mr. Jordan) to head the EEOC laughable.

I am a former employee of Akin Gump. I was employed in the capacity of legal assistant in the Washington, DC office. My employment was terminated on October 29, 1991 after I complained to two attorney managers that I was a victim of harassment by a supervisor Christine Robertson. I was later secretly certified insane and potentially violent by Mr. Dennis M. Race, an Akin Gump partner, in retaliation for my complaint of harassment. Mrs. Robertson was later found by a federal court to have exhibited racial animus toward black employees under her supervision.

I have brought this matter to the attention of the FBI; Mr. James P. Turner, Assistant U.S. Attorney General for Civil Rights, U.S. Department of Justice; and Mr. Eric H. Holder, Jr., U.S. Attorney for the District of Columbia.

Perhaps the San Antonio office of Akin Gump should be looking into just what is going on in the Washington, DC office.

Sincerely,

Gary Freedman