Board Attorney Gerard Dolan refusing to correct false statements and disclose false evidence to SJC

Updated Public Records Law effective January 1, 2017 required that all state agencies appoint a Records Access Officer (RAO) to handle public records requests.  In August 2017 the Board’s RAO Gerard Dolan identified 2-documents referenced in the February 6, 2013 Board Order (“2013 Order”) suspending my medical license.  These documents provide the only evidence in the record and findings of fact material to the suspension.  The identification of these documents revealed that none of the findings of fact material to the decision exist and the judgment was based entirely on fraudulent misrepresentations made by Physician Health and Compliance Board Counsel Robert Harvey.    

Dolan refused to acknowledge the provably false statements or report them to the tribunals (Board and SJC) and take remedial measures or report Mr. Harvey’s egregious fraudulent misconduct to the Bar.  Massachusetts requires that even immaterial false statements be reported and the materiality of the misrepresented documents is 100%  

This evidence was only obtained with the help of Public Records Department lawyers and through the interventions of the Supervisor of Records.  The Public Records Department staff clearly recognized the fraud but Mr. Dolan informed them they had no right to read the documents and did not feel comfortable sharing the documents with the appropriate agencies given his threats.  Numerous attempts were made to get Mr. Dolan to disclose the false evidence and statements.  He treated each of these as if they were records requests and incorporated them into his replies.

He then claimed I was harassing him and if I persisted he would “put an end to it.”  

Dolan always incorporated all of my correspondence in his replies so when the following paragraph was left out I knew something was coming:

“I also want the Department of Public Records to document that Mr. Harvey’s next step would be to make a third false allegation in an effort to cover this up.  That is why I am asking Mr. Dolan to abide by the Rules of Professional Conduct and other regulation and law pertaining to false statements and misrepresentations immediately.  It is his duty to correct this and take remedial measures immediately.”

Three attempts to initiate new proceedings were attempted but I was able to thwart all of them. I stopped writing new blog posts for fear they would make continued attempts and have been waiting for the Office of State Auditor Suzanne Bump’s investigation to begin

 

Screen Shot 2019-04-14 at 6.26.10 AM

Screen Shot 2019-04-14 at 6.25.41 AM

 

August 3, 2017 response to records request  for documents referenced in 2013 Board Order (providing 38-pages of documents)

November 14, 2017 response to request that false statements be disclosed  (ignored)

December 6, 2017 response to requests that false statements and  misrepresentations be directly addressed and disclosed to tribunals (ignored)

 The misconduct and fraud is clear and obvious. It cannot be defended or explained away..  The fraud here cannot be concealed or hidden. It is flagrant, easily discovered and easily recognized.  The provision and identification of the documentary evidence that was relied on to suspend my license took 6-years.  Dolan was required to promptly report the false evidence and misconduct.  

The Office of State Auditor Suzanne Bump officially started the investigation of Physician Health and Compliance (PHC) Board counsel on April 8, 2019.  I am going to request they verify the false statements and false evidence (there are only 6-pages of documents).   

Attorney Dolan’s misconduct is egregious.  This matter should have been resolved when the false evidence was discovered over 1 and 1/2 years ago.

The false evidence and false statement need to be immediately disclosed to the Supreme Judicial Court.

From: Michael Langan [mailto:mllangan1@mac.com] 

Sent: Monday, November 13, 2017 12:53 PMCc: Gerard Dolan; Friedman, Alan J.; william.keefe@massmail.state.ma.us

Subject: BORM Records Request I am copying you on a public records request I just made through the Board of Registration in Medicine’s online portal.   On August 8, 2017 (as the result of a previous records request) the Board’s Records Access Officer, Gerard Dolan,  identified and confirmed that the documents referred to in a February 6, 2013 Board Order are the corresponding documents in “Attachment A.”     Paragraphs # 4 and # 6 are easily verifiable, demonstrable and provable false statements of fact based on these documents and show that my suspension was based on severe attorney misconduct involving perjury and misrepresentation.   I notified Mr. Dolan of the false statements immediately but instead of acknowledging and addressing the false statements he denied them, made excuses and claimed he did not have to address them under public records law including going so far as to state the “Supervisor of Records” has no power to question the “Board’s valid Orders.”    “It should be noted that the factual statements reflected in the February 6, 2013, Order, are not “allegations” but rather factual findings made by the Board in its capacity as factfinder.”  

 

“As the February 6, 2013, Order states, the Board, in its capacity as factfinder, determined that these documents showed that you failed to attend and/or document your attendance at the support group meetings as required under your Letter of Agreement. Your disagreement with these findings does not show that the Board ‘has not provided any documentation that supports these claims 

  As an Officer of the Court, Mr. Dolan is not free to ignore the obvious and he is not free to refuse to read documents.    The documents speak for themselves and the perjury and misrepresentation is clear.  Factual Statement # 6 claims I made 3 statements “contradictory” to my self-reports of attendance at meetings but the actual document contains none of the statements and contradicts the “factual findings”  This is a simple matter.Attorney Harvey concealed the October 4, correction of a fabricated blood alcohol test and went after me for “non-compliance” with required support group meetings by claiming I misrepresented my attendance at them, then, unable to find I misrepresented any he concealed the last page of my self-reports, claimed a document confirming my attendance at a meeting referred to a different meeting and claimed a document I wrote explaining my compliance at meetings contained three statements it does not even contain.  These documents show my suspension was the sole result of attorney Harvey’s intentional fraudulent misconduct.  Period.   Mr. Dolan has a clear duty to address these false statements.  As they are  100% material to the suspension of my medical license and both the Board and Supreme Judicial Court relied on these false statements, he had a duty to fully disclose them to both the Board and the SJC “promptly.”   As these false statements are causing ongoing economic and reputational damage as well as causing severe harm to my family and children he had a duty to address them when I told him about them–ethically and legally.     As it has been 3 months since I notified him I am asking him to do so immediately.     As “attorney-client privilege” does not apply to crimes and frauds so  I am requesting he provide the records showing how the “Board, as factfinder found the four factual statements contained in these documents to be true.    I am requesting he read the factual statement, read the document and read what Mr. Harvey presented to the Board which should take a matter of minutes. I also want the Department of Public Records to document that Mr. Harvey’s next step would be to make a third false allegation in an effort to cover this up.  That is why I am asking Mr. Dolan to abide by the Rules of Professional Conduct and other regulation and law pertaining to false statements and misrepresentations immediately.  It is his duty to correct this and take remedial measures immediately.   –Sincerely,   Michael Langan, M.D. From: Michael Langan [mailto:mllangan1@mac.com] 

Sent: Monday, November 13, 2017 12:53 PMTo: Puccini, Angela (SEC); CIS User; SEC-DL-PREWEBCc: Gerard Dolan; Friedman, Alan J.; william.keefe@massmail.state.ma.us

Subject: BORM Records Request I am copying you on a public records request I just made through the Board of Registration in Medicine’s online portal.   On August 8, 2017 (as the result of a previous records request) the Board’s Records Access Officer, Gerard Dolan,  identified and confirmed that the documents referred to in a February 6, 2013 Board Order are the corresponding documents in “Attachment A.”     Paragraphs # 4 and # 6 are easily verifiable, demonstrable and provable false statements of fact based on these documents and show that my suspension was based on severe attorney misconduct involving perjury and misrepresentation.   I notified Mr. Dolan of the false statements immediately but instead of acknowledging and addressing the false statements he denied them, made excuses and claimed he did not have to address them under public records law including going so far as to state the “Supervisor of Records” has no power to question the “Board’s valid Orders.”    “It should be noted that the factual statements reflected in the February 6, 2013, Order, are not “allegations” but rather factual findings made by the Board in its capacity as factfinder.”  

 

“As the February 6, 2013, Order states, the Board, in its capacity as factfinder, determined that these documents showed that you failed to attend and/or document your attendance at the support group meetings as required under your Letter of Agreement. Your disagreement with these findings does not show that the Board ‘has not provided any documentation that supports these claims 

  As an Officer of the Court, Mr. Dolan is not free to ignore the obvious and he is not free to refuse to read documents.    The documents speak for themselves and the perjury and misrepresentation is clear.  Factual Statement # 6 claims I made 3 statements “contradictory” to my self-reports of attendance at meetings but the actual document contains none of the statements and contradicts the “factual findings”  This is a simple matter.Attorney Harvey concealed the October 4, correction of a fabricated blood alcohol test and went after me for “non-compliance” with required support group meetings by claiming I misrepresented my attendance at them, then, unable to find I misrepresented any he concealed the last page of my self-reports, claimed a document confirming my attendance at a meeting referred to a different meeting and claimed a document I wrote explaining my compliance at meetings contained three statements it does not even contain.  These documents show my suspension was the sole result of attorney Harvey’s intentional fraudulent misconduct.  Period.   Mr. Dolan has a clear duty to address these false statements.  As they are  100% material to the suspension of my medical license and both the Board and Supreme Judicial Court relied on these false statements, he had a duty to fully disclose them to both the Board and the SJC “promptly.”   As these false statements are causing ongoing economic and reputational damage as well as causing severe harm to my family and children he had a duty to address them when I told him about them–ethically and legally.     As it has been 3 months since I notified him I am asking him to do so immediately.     As “attorney-client privilege” does not apply to crimes and frauds so  I am requesting he provide the records showing how the “Board, as factfinder found the four factual statements contained in these documents to be true.    I am requesting he read the factual statement, read the document and read what Mr. Harvey presented to the Board which should take a matter of minutes. I also want the Department of Public Records to document that Mr. Harvey’s next step would be to make a third false allegation in an effort to cover this up.  That is why I am asking Mr. Dolan to abide by the Rules of Professional Conduct and other regulation and law pertaining to false statements and misrepresentations immediately.  It is his duty to correct this and take remedial measures immediately.   –Sincerely,   Michael Langan, M.D. 

Advertisements

One thought on “Board Attorney Gerard Dolan refusing to correct false statements and disclose false evidence to SJC

  1. When the agencies do their ‘investigation” aka ‘witch hunt” they want everything , as unrelated as can be, and when they can’t find enough to damage you , they ask for more , and keep digging . When it comes to them providing documents , by law, or supplying any records it is like pulling teeth. Hold their feet to the fire .
    Sad that they are getting paid by taxpayers , and we do it as volunteers.

    Liked by 1 person

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s