Wednesday, September 25, 2013

Akin Gump -- OSHA Complaint

Thank You!

Your Safety and Health Hazard Notice has been forwarded to the OSHA Federal Area Office listed below.
If you identified yourself, you will be contacted by OSHA.
Please call the OSHA Federal Area Office below if you are not contacted.

Complaint Number: 982962

District of Columbia
Baltimore/Washington Area Office
1099 Winterson Road
Suite 140
Linthicum, Maryland 21090
(410) 865-2055/2056
(410) 865-2068 FAX

Establishment Name: Akin, Gump, Strauss, Hauer & Feld (Washington, DC office)
Site Street: 1333 New Hampshire Ave., NW, Suite 400
Site City: Washington
Site State: District of Columbia
Site Zip: DC
Management Official: Dennis M. Race, Esq.
Telephone Number: 202 887 4028
Type of Business: law firm
Hazard Description:

1. On September 17, 2013 I was advised by my mental health treatment provider, The McClendon Center (Washington, DC), that the provider had diagnosed me with the following currently existing disorders: Delusional Disorder (297.1), Major Depression Recurrent Severe Without Psychotic Features (296.33), Alcohol Dependence in Sustained Remission (303.90), and PTSD (309.81), and Schizoid Personality Disorder (301.20). Paranoia, Major Depression, Alcohol Dependence and PTSD are recognized consequences of workplace mobbing a subtle form of job harassment defined by a federal court as a form of "group harassment" that involves "a process of abusive behaviors inflicted over time." Sousa v. Roque, Docket No. 07-1892-CV, August 21, 2009. OSHA defines "workplace violence" as harassment of any nature. Workplace mobbing is a subtle form of job harassment. On September 17, 2013 I became aware for the first time that there was a causal connection between my current diagnosed symptoms and disorders and the abusive work environment to which I was subjected during the period June 13, 1988 to October 29, 1991.

2. I was a victim of workplace mobbing during my tenure at the Washington, DC office of the law firm of Akin, Gump, Strauss, Hauer & Feld (1988-1991). The firm terminated my employment effective October 29, 1991, days after I complained to senior managers (Dennis M. Race, Esq., Malcolm Lassman, and Earl Segal, Esq.) that I was a victim of subtle job harassment.

 3. The U.S. Social Security Administration determined that I became disabled and not suitable for employment effective October 29, 1991, based on a sworn declaration filed by Dennis M. Race, Esq. and Laurence J. Hoffman (of Akin Gump) with the D.C. Department of Human Rights on May 22, 1992. I have been continuously unemployed and disabled since October 29, 1991.

4. The Government of the District of Columbia determined that my allegations of facts concerning the abusive workplace environment at Akin Gump were genuine and truthful. Brief of Appellee District of Columbia, Freedman v. D.C. Department of Human Rights, D.C.C.A. no. 96-CV-961 (Sept. 1, 1998). http://dailstrug.blogspot.com/2010/10/akin-gump-hostile-work-environment.html

5. During my employment I was subjected to false, malicious, delusional and unfounded statements that tended to damage my reputation and inflicted severe emotional distress. OSHA specifically defines these behaviors as forms of verbal intimidation that constitute "workplace violence."

--In August 1989 a coworker stated to me: "We're all afraid of you. We're all afraid you're going to buy a gun, bring it in, and shoot everybody."

--In late October 1991 my supervisor reportedly advised her employees (my coworkers) that she was afraid I was going to kill her and had arranged to have the locks to the office suite changed to prevent my entry. Neither the supervisor nor her superiors contacted law enforcement.

--On May 22, 1992 Dennis M. Race, Esq. and Laurence J. Hoffman, Esq., two Akin Gump attorney managers, advised the D.C. Department of Human Rights that the firm had consulted a psychiatrist about me and that the psychiatrist had opined that I appeared to suffer from a psychiatric "disorder" and that I might become violent. The psychiatrist had never examined me personally and her opinion violated the American Psychiatric Association's so-called Goldwater Rule which prohibits a psychiatrist from offering a professional psychiatric opinion about an individual without benefit of personal examination and without the individual's consent for the opinion. The D.C. Department of Human Rights determined that the psychiatric opinion was genuine and credible. In fact, the opinion was defamatory on its face and had no medical reliability. I have been denied the protections of the Americans with Disabilities Act because I am considered "potentially violent, " i.e., a "direct threat in the workplace" based on the above-referenced defamatory allegation made by Akin Gump, a defamatory allegation that was affirmed as genuine and credible by the D.C. Department of Human Rights. The U.S. Supreme Court has held private citizens to be liable as state actors when they conspire with government officials to deprive persons of their rights. Thus, my former employer, Akin Gump may have committed a "color of law violation," a felony that falls within the investigative jurisdiction of the FBI. See 18 USC § 241 (Conspiracy against rights).

Hazard Location:

The Robert S. Strauss Building, 1333 New Hampshire Avenue, NW, Washington, DC 20036

This condition has previously been brought to the attention of:
* The employer
* The following government agency: U.S. Social Security Administration, D.C. Department of Human Rights
I am an employee.
My name may be revealed to the employer.
Complainant Name: Gary Freedman
Complainant Telephone Number: 202 362 7064
Complainant Mailing Address:

3801 Connecticut Avenue, NW, Apt. 136
Washington
District of Columbia
20008

Complainant Email: garfreed@netscape.net

Tuesday, September 24, 2013

Covington & Burling Responds to Representation Solicitation

Mr. Freedman -
 
Thank you for contacting Covington to inquire about the availability of pro bono assistance.  Unfortunately, the firm receives more requests for its pro bono resources than it can accommodate and is not in a position to assist with your matter.  You may wish to visit this website: http://www.lawhelp.org/  You may find that it has helpful information about your legal issues, as well as how to find an attorney, including possible referrals for free services (usually depending on your financial eligibility).
 
I wish you the best in finding legal help.
 
Sincerely,
Kelly Voss202.662.6658
 
From: Gary Freedman [mailto:garfreed@yahoo.com]
Sent: Monday, September 23, 2013 11:17 AM
To: Voss, Kelly
Subject: worker's comp claim
 
Kelly D. Voss, Esq.
Covington & Burling
Washington, DC
 
I am writing to inquire whether Covington & Burling would consent to represent me pro bono in the following matter.  I intend to file a worker's compensation claim regarding injuries I sustained during my employment at Akin Gump (1988-1991).  The following email message I sent to Dennis Race will explain the claim in detail. If you cannot represent me, perhaps you could refer me to another DC attorney?
 
Thank you.
 
Gary Freedman
Washington, DC
202 362 7064

Morgan Lewis Responds to Representation Solicitation

We cannot undertake this representation.
 
Ronald Tenpas
Morgan, Lewis & Bockius LLP
1111 Pennsylvania Avenue, NW | Washington DC 20004
Direct: 202.739.5435 | Main: 202.739.3000 | Cell: 202.316.8347 | Fax: 202.739.3001
rtenpas@morganlewis.com | www.morganlewis.com
Assistant: Linda J. Ramsburg | 202.739.5241 | lramsburg@morganlewis.com
 
 
From: Gary Freedman [mailto:garfreed@yahoo.com]
Sent: Monday, September 23, 2013 11:25 AM
To: Tenpas, Ronald J.
Subject: worker's comp claim
 
Ronald J. Tenpas, Esq.
Morgan Lewis
Washington, DC

Mr. Tenpas:
 
I am writing to inquire whether Morgan Lewis would consent to represent me pro bono in the following matter.  I intend to file a worker's compensation claim regarding injuries I sustained during my employment at Akin Gump (1988-1991).  The following email message I sent to Dennis Race will explain the claim in detail. If you cannot represent me, perhaps you could refer me to another DC attorney?
 
Thank you.
 
Gary Freedman
Washington, DC
202 362 7064

Dickstein Shapiro Responds to Representation Solicitation

We cannot help you Gary, this is not our area.
 
Confidentiality Statement
This email message, including any attachments, is intended solely for the use of the addressee(s) named above.  This communication may contain privileged and/or confidential material.  If you are not the intended recipient, you have received this communication in error, and any review, use, printing, copying, or other dissemination of this email message is strictly prohibited.  If you are not the intended recipient, please notify the sender immediately by reply email message or notify our email administrator at postmaster@dicksteinshapiro.com and permanently delete and destroy the original message and any and all copies, including printouts and electronic copies on any computer system.
Dickstein Shapiro LLP
www.DicksteinShapiro.com

From: Gary Freedman [mailto:garfreed@yahoo.com]
Sent: Monday, September 23, 2013 11:22 AM
To: Nannes, Michael
Subject: worker's comp claim
 
Michael Nannes, Esq.
Chairman
Dickstein Shapiro
Washington, DC

Mr. Nannes:
 
I am writing to inquire whether Dickstein Shapiro would consent to represent me pro bono in the following matter.  I intend to file a worker's compensation claim regarding injuries I sustained during my employment at Akin Gump (1988-1991).  The following email message I sent to Dennis Race will explain the claim in detail. If you cannot represent me, perhaps you could refer me to another DC attorney?
 
Thank you.
 
Gary Freedman
Washington, DC
202 362 7064

Is Michael J. Madigan, Esq. Credible?

Mitchell Zuklie, Esq.
Chairmain
Orrick Herrington & Sutcliffe
(650) 614-7649

Dear Mr. Zuklie:

I sent an email message to your law partner Michael J. Madigan, Esq. (Washington) inquiring into representation in a worker's compensation claim.  Mr. Madigan stated that neither he nor anyone at Orrick could represent me.  I subsequently learned that, in fact, Orrick handles worker's comp cases:

Founded in 1885, Orrick, Herrington & Sutcliffe is an international law firm that offers representation to individuals and corporate clients throughout North America, Europe and Asia. It maintains offices in Beijing, Hong Kong, London, Los Angeles, Moscow, Paris and Tokyo. The firm practices in the areas of creditors' rights, bankruptcy litigation, public finance, and mergers and acquisitions. It also handles cases related to intellectual property and real estate, banking and finance law. Additionally, Orrick, Herrington & Sutcliffe deals in matters concerning workers compensation, commercial litigation, product liability, taxation and employment law.  The firm's attorneys are members of the New York State Bar Association, State Bar of California, Paris Bar Association and Beirut Bar Association. Orrick, Herrington & Sutcliffe maintains a location in San Francisco.

I certainly hope that Mr. Madigan will demonstrate more forthcoming with federal law enforcement than he did with me.


Gary Freedman
Washington, DC
202 362 7064
______________________

----- Forwarded Message ----- From: "Madigan, Michael J." <mmadigan@orrick.com>
To: Gary Freedman <garfreed@yahoo.com>
Sent: Monday, September 23, 2013 1:33 PM
Subject: Re: worker's comp claim

I can not represent you nor can anyone at Orrick
I would appreciate it if you take me off your email list
Thanks
Sent from my iPhone

On Sep 22, 2013, at 1:12 PM, "Gary Freedman" <garfreed@yahoo.com> wrote:

Michael J. Madigan, Esq.
Orrick Herrington & Sutcliffe, LLP
Washington, DC

Mr. Madigan:

I am writing to inquire whether you would consent to represent me pro bono in the following matter.  I intend to file a worker's compensation claim regarding injuries I sustained during my employment at Akin Gump (1988-1991).  You are possibly knowledgeable about my employment experience at Akin Gump, and would bring the tenacity of character and legal expertise this matter requires.  The following email message I sent to Dennis Race will explain the claim in detail. If you cannot represent me, perhaps you could refer me to another DC attorney, one of your colleagues at Orrick, perhaps?

Thank you.

Gary Freedman
Washington, DC

Monday, September 23, 2013

David Tobin's Firm Responds to Representation Solicitation

Mr. Freedman – Unfortunately, my firm cannot handle this matter.  I will let you know if I can come up with a name or two of some other attorneys that may be able to help. 
 
Ziad Haddad
Tobin, O'Connor & Ewing
5335 Wisconsin Avenue, N.W.
Suite 700
Washington, D.C. 20015
202-362-5900
202-362-6579 (fax)
 
From: Gary Freedman [mailto:garfreed@yahoo.com]
Sent: Monday, September 23, 2013 8:32 AM
To: Ziad P. Haddad
Subject: worker's comp claim
 
Ziad P. Haddad
Tobin, O'Connor & Ewing
Washington, DC
 
Dear Mr. Haddad:

I am writing to inquire whether you would consent to represent me pro bono in the following matter.  I intend to file a worker's compensation claim regarding injuries I sustained during my employment at Akin Gump (1988-1991).    The following email message I sent to Dennis Race will explain the claim in detail. If you cannot represent me, perhaps you could refer me to another DC attorney, one of your colleagues at Tobin O'Connor & Ewing, perhaps?  David Tobin, Esq. and I worked at Akin Gump in the late 1980s.
 
Thank you.
 
Gary Freedman
Washington, DC

Jack Gallager Responds to Representation Solicitation

Mr. Freedman:  I have retired from the active practice of law, and neither I nor my colleagues at Paul Hastings have experience handling workers compensation claims.  I am sorry that we cannot represent or advise you.  Sincerely,  Jack Gallagher
 
From: Gary Freedman [mailto:garfreed@yahoo.com]
Sent: Sunday, September 22, 2013 5:39 PM
To: Gallagher, Jack
Subject: worker's comp claim
 
Jack Gallagher, Esq.
Paul Hastings
Washington, DC
 
I am writing to inquire whether you would consent to represent me pro bono in the following matter.  I intend to file a worker's compensation claim regarding injuries I sustained during my employment at Akin Gump (1988-1991).  You are knowledgeable about my employment experience at Akin Gump, and would bring the tenacity of character and legal expertise this matter requires.  The following email message I sent to Dennis Race will explain the claim in detail. If you cannot represent me, perhaps you could refer me to another DC attorney, one of your colleagues at Paul Hastings, perhaps?
 
Thank you.
 
Gary Freedman
Washington, DC

Michael Madigan Responds to Representation Solicitation

I can not represent you nor can anyone at Orrick
I would appreciate it if you take me off your email list
Thanks
Sent from my iPhone

On Sep 22, 2013, at 1:12 PM, "Gary Freedman" <garfreed@yahoo.com> wrote:

Michael J. Madigan, Esq.
Orrick Herrington & Sutcliffe, LLP
Washington, DC

Mr. Madigan:

I am writing to inquire whether you would consent to represent me pro bono in the following matter.  I intend to file a worker's compensation claim regarding injuries I sustained during my employment at Akin Gump (1988-1991).  You are possibly knowledgeable about my employment experience at Akin Gump, and would bring the tenacity of character and legal expertise this matter requires.  The following email message I sent to Dennis Race will explain the claim in detail. If you cannot represent me, perhaps you could refer me to another DC attorney, one of your colleagues at Orrick, perhaps?

Thank you.

Gary Freedman
Washington, DC

Sunday, September 22, 2013

Can the FBI Help with a Worker's Compensation Claim?

Greg Lott
Victim Assistance Unit
Federal Bureau of Investigation
Washington, DC Field Office
Washington, DC

I am planning to file a worker's compensation claim growing out of the injuries I sustained during my employment at the law firm of Akin Gump Strauss Hauer & Feld.  I am writing to inquire whether the FBI can assist me in pursuing my claim.  The claim is explained more fully in the email message below.

I understand this is a civil matter, but the U.S. Marshals Service insinuated itself in this matter in the year 2010 and acted on suspicions or conclusions that are material to my worker's compensation claim (see paragraph 5, below).

Further, my former employer's actions in May 1992 in filing statements about me with a state human rights agency that were defamatory on their face -- alleging that I suffered from severe mental illness that rendered me unemployable and potentially violent (i.e., a direct threat in the workplace) based on the opinion of a psychiatrist who had not examined me personally, thereby violating the American Psychiatric Association's Goldwater Rule -- may constitute a felony under 18 USC 241, Conspiracy Against Rights.  I have been denied the protections of the Americans with Disabilities Act because I am considered a "direct threat in the workplace," an allegation made by Akin Gump and affirmed as genuine and credible by the D.C. Department of Human Rights.  Freedman v. D.C. Department of Human Rights, D.C.C.A. no. 96-CV-961 (Sept. 1, 1998).  The U.S. Supreme Court has held private citizens to be liable as state actors when they conspire with government officials to deprive persons of their rights.  Thus, my former employer, Akin Gump may have committed a "color of law violation," a felony that falls within the investigative jurisdiction of the FBI.


Thank you.

Gary Freedman
Washington, DC
______________________


Dennis M. Race, Esq.
Senior Counsel
Akin Gump Strauss Hauer & Feld
1333 New Hampshire Avenue, NW
Washington, DC  20036
Telephone: 202 887 4028

                         RE: Intent to File Worker's Compensation Claim

Dear Mr. Race:

This will advise the law law firm of Akin Gump Strauss Hauer & Feld (Akin Gump) that I plan to file a claim for Worker's Compensation from the Department of Employment Services of the Government of the District of Columbia, and I state the following reasons for the claim:

1.  I was employed as a paralegal at Akin Gump during the period June 13, 1988 to October 29, 1991.  During the entirety of my tenure at the firm I was subjected to a recognized subtle form of job harassment known as "workplace mobbing." 

My allegations of facts concerning the mobbing were affirmed as genuine and truthful by the Government of the District of Columbia in an unlawful job termination complaint and subsequent litigation styled Freedman v. D.C. Department of Human Rights, D.C.C.A. no. 96-CV-961 (Sept. 1, 1998).  See Brief of Appellee (D.C. Office of Corporation Counsel).

2.  Neither Akin Gump nor the D.C. Office of Corporation Counsel denied that I was a victim of workplace mobbing.  The issue of whether I was a victim of workplace mobbing was never litigated; there is no anti-mobbing statute in the District of Columbia.  No administrative agency or court has ever determined that I was not a victim of workplace mobbing.

3.  Since May 2009 I have been a patient at the McClendon Center in Washington, DC where I receive medical management for mental illness.  On September 17, 2013 I was advised in an email message by Dennis Hobb, Program Manager, McClendon Center that my chart includes the following psychiatric diagnoses: Post Traumatic Stress Disorder (PTSD), Major Depression, Alcohol Dependence (in remission), and Paranoia (as well as Schizoid Personality Disorder, a nonpsychotic psychiatric disorder that does not render an individual unemployable, but that may require that the individual's need to work in isolation be accommodated by the employer under the Americans With Disabilities Act).  Prior to that email message of September 17, 2013, I was not aware of my psychiatric diagnoses.

-----Original Message-----
From: Dennis Hobb <dhobb@mcclendoncenter.org>
To: 'Gary Freedman' <garfreed@netscape.net>
Cc: 'Natalie Nichols' <nnichols@mcclendoncenter.org>; 'Michael Burt' <mburt@mcclendoncenter.org>; 'Anne Degirolamo' <adegirolamo@mcclendoncenter.org>; 'Sallie Twentyman' <stwentyman@mcclendoncenter.org>
Sent: Tue, Sep 17, 2013 3:57 pm
Subject: RE: : Complaint against Nurse Sara F. Carroll

Mr. Freedman,

At the McClendon Center we take allegations of Medicare/Medicaid fraud and abuse very seriously.  

Actual fraud would have been committed if Nurse Carroll had billed for services that she didn't provide.  I have no reason to believe that she did not see you 
on the days for which she billed, so I believe no fraud was committed.

Abuse can encompass a range of issues.  It can vary from claiming too much (or too little) time with the patient, or it can be committed if you did not have a 
valid treating diagnosis.  Your file contains the following diagnoses: Delusional Disorder (297.1), Major Depression Recurrent Severe Without Psychotic 
Features (296.33), Alcohol Dependence in Sustained Remission (303.90), and PTSD (309.81), and Schizoid Personality Disorder (301.20).  These diagnoses were made 
by Aimee Calderone-Burgess, who is a Licensed Independent Clinical Social worker, and therefore qualified to diagnose mental health conditions in the 
District of Columbia.  As you have valid DSM diagnoses and are being appropriately treated by an Advance Practice Registered Nurse, I believe your 
allegations of Medicare/Medicaid fraud are unfounded.

However, it is your prerogative to contact an appropriate agency such as the Office of Health Care Ombudsman to register your concerns.  You have my 
assurance that we will cooperate fully in any investigation conducted by any oversight agency at which you register a complaint.

Dennis Hobb

4.  Major Depression, PTSD, Alcohol Dependence, and Paranoia are medically-recognized consequences of workplace mobbing.

Victims of workplace mobbing frequently suffer from: adjustment disorders, somatic symptoms (e.g., headaches or irritable bowel syndrome),psychological trauma, post-traumatic stress disorder and major depresssion).  In mobbing targets with PTSD, Heinz Leymann notes that the mental effects were fully comparable with PTSD from war or prison camp experiences. Some patients may develop alcoholism or other substance abuse disorders. Family relationships routinely suffer. Some targets may even develop brief psychotic episodes, generally with paranoid symptoms. Leymann estimated that 15% of suicides in Sweden could be directly attributed to workplace mobbing.  Hillard J.R., Workplace mobbing: Are they really out to get your patient? Current Psychiatry 8(4): 45-51, April 2009.

Akin Gump admits that I suffered from paranoid symptoms during my employment at the firm.  The D.C. Worker's Compensation program administers the special/second injury fund, which provides benefits in instances where an injury combines with a pre-existing disability to cause a substantially greater disability.

5.  On January 15, 2010 I was interviewed by Deputy Marshal xxxxx of the U.S. Marshals Service (U.S. Department of Justice) as part of a threat investigation.  Deputy Marshal xxxxx was concerned about my obsessive preoccupation with my employment experience at Akin Gump and the intense anger expressed in my writings published on the Internet about that employment experience.  Anger, obsessive preoccupation with past trauma, and the potential for violent acting out are symptoms of PTSD.  Thus, the U.S. Department of Justice has affirmed as genuine the symptoms diagnosed by the McClendon Center as constituting PTSD, a recognized consequence of workplace mobbing.

6.  I advised the U.S. Department of Justice by letter dated January 5, 1994 that I had suffered severe emotional distress as a result of Akin Gump's action in using the legal processes of a state agency, the D.C. Department of Human Rights, to defame me in pleadings filed by the firm with that agency.

There is no evidence that I suffered from Major Depression or PTSD prior to September 1992, that is before I learned in late December 1992 that Akin Gump had used the legal processes of a state agency (in May 1992) to defame, humiliate and embarrass me, which resulted in the infliction of extreme emotional distress.   Experts in workplace mobbing recognize that a frequently encountered aspect of the phenomenon is that the employer himself ultimately colludes with coworkers in mobbing behavior which typically features behaviors intended to defame, humiliate and embarrass the mobbing victim.  Thus, an expert in mobbing could very well conclude that Akin Gump's act of filing false and defamatory written statements about me in May 1992 (seven months after my employment ended on October 29, 1991) with a state agency was, in fact, an integral part of the mobbing.

7.  Under the D.C. Worker's Compensation program a claimant is required to report job-related injury or illness in writing to the Office of Workers’ Compensation within 30 days of occurrence or awareness.  I became aware that I suffered from the recognized consequences of workplace mobbing experienced at Akin Gump (1988-1991) on September 17, 2013 by way of the above email message (see paragraph 3, above) sent to me by Dennis Hobb, Program Manager of the McClendon Center.  Thus, I have until October 17, 2013 to file a timely claim under the D.C. Worker's Compensation program for the injuries I suffered at Akin Gump, namely, the specific complex of psychiatric symptoms or disorders typically caused by workplace mobbing: Major Depression, PTSD, Alcohol Dependence (in remission), and Paranoid symptoms.

Gary Freedman
3801 Connecticut Avenue, NW
Apt. 136
Washington, DC  20008
telephone: 202 362 7064

Saturday, September 21, 2013

Akin Gump: More Than One Way to Skin a Cat?

Debra Raskin, Esq.
Vladeck, Waldman, Elias, Engelhard, PC
Adjunct Professor
Columbia University Law School
New York, NY
telephone: (212) 403-7300


Dear Professor Raskin:

I thought you might have an academic interest in the following creative remedy I have devised for the injuries I suffered as an employee at the law firm of Akin Gump Strauss Hauer & Feld (Washington, DC).

Gary Freedman
Washington, DC
cc: Dean Claudio Grossman (American Univ) ; Dean Robert Reinstein (Temple Univ)
___________________________________


Dennis M. Race, Esq.
Senior Counsel
Akin Gump Strauss Hauer & Feld
1333 New Hampshire Avenue, NW
Washington, DC  20036
Telephone: 202 887 4028

                         RE: Intent to File Worker's Compensation Claim

Dear Mr. Race:

This will advise the law law firm of Akin Gump Strauss Hauer & Feld (Akin Gump) that I plan to file a claim for Worker's Compensation from the Department of Employment Services of the Government of the District of Columbia, and I state the following reasons for the claim:

1.  I was employed as a paralegal at Akin Gump during the period June 13, 1988 to October 29, 1991.  During the entirety of my tenure at the firm I was subjected to a recognized subtle form of job harassment known as "workplace mobbing." 

My allegations of facts concerning the mobbing were affirmed as genuine and truthful by the Government of the District of Columbia in an unlawful job termination complaint and subsequent litigation styled Freedman v. D.C. Department of Human Rights, D.C.C.A. no. 96-CV-961 (Sept. 1, 1998).  See Brief of Appellee (D.C. Office of Corporation Counsel).

2.  Neither Akin Gump nor the D.C. Office of Corporation Counsel denied that I was a victim of workplace mobbing.  The issue of whether I was a victim of workplace mobbing was never litigated; there is no anti-mobbing statute in the District of Columbia.  No administrative agency or court has ever determined that I was not a victim of workplace mobbing.

3.  Since May 2009 I have been a patient at the McClendon Center in Washington, DC where I receive medical management for mental illness.  On September 17, 2013 I was advised in an email message by Dennis Hobb, Program Manager, McClendon Center that my chart includes the following psychiatric diagnoses: Post Traumatic Stress Disorder (PTSD), Major Depression, Alcohol Dependence (in remission), and Paranoia (as well as Schizoid Personality Disorder, a nonpsychotic psychiatric disorder that does not render an individual unemployable, but that may require that the individual's need to work in isolation be accommodated by the employer under the Americans With Disabilities Act).  Prior to that email message of September 17, 2013, I was not aware of my psychiatric diagnoses.

-----Original Message-----
From: Dennis Hobb <dhobb@mcclendoncenter.org>
To: 'Gary Freedman' <garfreed@netscape.net>
Cc: 'Natalie Nichols' <nnichols@mcclendoncenter.org>; 'Michael Burt' <mburt@mcclendoncenter.org>; 'Anne Degirolamo' <adegirolamo@mcclendoncenter.org>; 'Sallie Twentyman' <stwentyman@mcclendoncenter.org>
Sent: Tue, Sep 17, 2013 3:57 pm
Subject: RE: : Complaint against Nurse Sara F. Carroll

Mr. Freedman,

At the McClendon Center we take allegations of Medicare/Medicaid fraud and abuse very seriously.  

Actual fraud would have been committed if Nurse Carroll had billed for services that she didn't provide.  I have no reason to believe that she did not see you 
on the days for which she billed, so I believe no fraud was committed.

Abuse can encompass a range of issues.  It can vary from claiming too much (or too little) time with the patient, or it can be committed if you did not have a 
valid treating diagnosis.  Your file contains the following diagnoses: Delusional Disorder (297.1), Major Depression Recurrent Severe Without Psychotic 
Features (296.33), Alcohol Dependence in Sustained Remission (303.90), and PTSD (309.81), and Schizoid Personality Disorder (301.20).  These diagnoses were made 
by Aimee Calderone-Burgess, who is a Licensed Independent Clinical Social worker, and therefore qualified to diagnose mental health conditions in the 
District of Columbia.  As you have valid DSM diagnoses and are being appropriately treated by an Advance Practice Registered Nurse, I believe your 
allegations of Medicare/Medicaid fraud are unfounded.

However, it is your prerogative to contact an appropriate agency such as the Office of Health Care Ombudsman to register your concerns.  You have my 
assurance that we will cooperate fully in any investigation conducted by any oversight agency at which you register a complaint.

Dennis Hobb

4.  Major Depression, PTSD, Alcohol Dependence, and Paranoia are medically-recognized consequences of workplace mobbing.

Victims of workplace mobbing frequently suffer from: adjustment disorders, somatic symptoms (e.g., headaches or irritable bowel syndrome),psychological trauma, post-traumatic stress disorder and major depresssion).  In mobbing targets with PTSD, Heinz Leymann notes that the mental effects were fully comparable with PTSD from war or prison camp experiences. Some patients may develop alcoholism or other substance abuse disorders. Family relationships routinely suffer. Some targets may even develop brief psychotic episodes, generally with paranoid symptoms. Leymann estimated that 15% of suicides in Sweden could be directly attributed to workplace mobbing.  Hillard JR Workplace mobbing: Are they really out to get your patient? Current Psychiatry 8(4): 45-51, April 2009.

Akin Gump admits that I suffered from paranoid symptoms during my employment at the firm.  The D.C. Worker's Compensation program administers the special/second injury fund, which provides benefits in instances where an injury (or unhealthy workplace condition) combines with a pre-existing disability to cause a substantially greater disability.

5.  On January 15, 2010 I was interviewed by Deputy Marshal xxxxx of the U.S. Marshals Service (U.S. Department of Justice) as part of a threat investigation.  Deputy Marshal xxxxx was concerned about my obsessive preoccupation with my employment experience at Akin Gump and the intense anger expressed in my writings published on the Internet about that employment experience.  Anger, obsessive preoccupation with past trauma, and the potential for violent acting out are symptoms of PTSD.  Thus, the U.S. Department of Justice has affirmed as genuine the symptoms diagnosed by the McClendon Center as constituting PTSD, a recognized consequence of workplace mobbing.

6.  I advised the U.S. Department of Justice by letter dated January 5, 1994 that I had suffered severe emotional distress as a result of Akin Gump's action in using the legal processes of a state agency, the D.C. Department of Human Rights, to defame me in pleadings filed by the firm with that agency.

There is no evidence that I suffered from Major Depression or PTSD prior to September 1992, that is before I learned in late December 1992 that Akin Gump had used the legal processes of a state agency (in May 1992) to defame, humiliate and embarrass me, which resulted in the infliction of extreme emotional distress.   Experts in workplace mobbing recognize that a frequently encountered aspect of the phenomenon is that the employer himself ultimately colludes with coworkers in mobbing behavior which typically features behaviors intended to defame, humiliate and embarrass the mobbing victim.  Thus, an expert in mobbing could very well conclude that Akin Gump's act of filing false and defamatory written statements about me in May 1992 (seven months after my employment ended on October 29, 1991) with a state agency was, in fact, an integral part of the mobbing.

7.  Under the D.C. Worker's Compensation program a claimant is required to report job-related injury or illness in writing to the Office of Workers’ Compensation within 30 days of occurrence or awareness.  I became aware that I suffered from the recognized consequences of workplace mobbing experienced at Akin Gump (1988-1991) on September 17, 2013 by way of the above email message (see paragraph 3, above) sent to me by Dennis Hobb, Program Manager of the McClendon Center.  Thus, I have until October 17, 2013 to file a timely claim under the D.C. Worker's Compensation program for the injuries I suffered at Akin Gump, namely, the specific complex of psychiatric symptoms or disorders typically caused by workplace mobbing: Major Depression, PTSD, Alcohol Dependence (in remission), and Paranoid symptoms.

Gary Freedman
3801 Connecticut Avenue, NW
Apt. 136
Washington, DC  20008
telephone: 202 362 7064