Department of Justice and countless Victims holds no fury!

It was no coincidene that after the election on November 4th that on November 5th I received a voicemail from the civil-rights division of the DOJ stating that Civil Rights no longer had my case. They told me to call Mail Referral Unit. I called them up and of course they said they had no idea what was going on.

Yesterday I called up civil rights and this is what they said, Yes you heard that correctly assistant number three verified that after more than six months of speaking with the civil rights section and receiving documents from Senator Greg Ball they may have lost everything. Isn’t this convient ? What will it take for them to properly investigate a psychiatrist who has psychologically tortured me, committed civil rights violations and crimes including medicare fraud ? Keep in mind that all of these documents came straight from Senator Greg Balls office.

Now Dr. Xiaolei Baran of New York Presbyterian Hospital – Westchester Division is rendering care to patients and potentially placing them at risk by over medicating them, psychologically abusing them to the point of torment, committing Medicaid fraud and more. The department of justice knows all of this and is failing to protect more victims. Yes the department of justice is failing to protect more VICTIMS! Perhaps if there were bodies to be counted they would act or if they were of a minority they would act. 

I wonder what it will take for the DOJ and the new Acting Attorney General for the Civil Rights Division Vanita Gupta to take action!

Emily Pierce Vs Fordham University Latest Update

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In my humble opinion I think we have been more than patient.


Law Offices

954 Lexington Avenue

Ste. 143

New York, New York 10021

(917) 446-2955

February 17. 2015

Rachel Pomerantz, Esq.

Acting Regional Director

U.S. Department of Education

Office for Civil Rights

New York Enforcement Office

32 Old Slip, 26th Floor

New York, New York 10005

Re: Emily Pierce v. Fordham University

Case No.#: 02-13-023

Dear Ms. Pomerantz:

I am writing to implore your office to reach a final determination in the above referenced matter as this case is over one and half years old. My client, Ms. Pierce, has acted in good faith and has detrimentally relied on awaiting a final determination.

On June 12, 2013, the United States Department of Education Office of Civil Rights (OCR) referred the above matter to your office, a complaint against Fordham University. I attach the original letter of assignment notification from your office.

On August 5, 2013, Ms. Pierce and I attended a mediation conference at your office with Fordham University attorneys and members of your team. Consequently, subsequent to lengthy discussions, the parties were not able to settle this matter. Since then we have supplied documents, information, and made ourselves available for complete cooperation in this important matter. Further, on numerous occasions I have requested an update or a determination from Mr. Krieger. He has repeatedly responded by informing me that the complaint and its determination reside with the acting director.

On October 29, 2014, I learned that the current acting director was you, Ms. Pomerantz. In fact, on December 16, 2014, Ms. Pierce on her own volition, sent you, Mr. Scott, and Mr. Krieger a letter requesting an update and/or a determination on her case. This letter submitted by Ms. Pierce remains unanswered. Presumably, to date, there is not a final determination on this matter.

My client, Ms. Pierce, has been more than patient and cooperative with this matter. Indeed, she has suffered great emotional and financial harm as a result of not being able to continue her studies and career as she awaits an outcome in this investigation. Indeed, it would be prudent to supply a thorough update of the posture of this case and a reasonable justification for the protracted delays as well as a reasonable time frame of when a determination deadline should be expected. As I realize an investigation of this nature takes a significant amount of time and effort, but surely these protracted delays are now unreasonable. Accordingly, I am requesting either a prompt determination or at least an update on the posture of this claim and the issues related to the delays.

Please advise if a determination and/or a determination will be forthcoming. I appreciate your immediate attention. I patiently await a response within the next two (2) weeks in order to explore the legal remedies still available to my client as this is an injustice to the process in general and for Americans with Disabilities.


Andrea Risoli, Esq.



Department of Education

David J. Krieger, Esq.

Compliance Team Attorney

Emily Pierce


An Open letter to Dr. Xiaolei Baran – Its been two years!

Dear Dr. Baran,

Hi, How are you? I want to say I hope all is well, but deep down inside I don’t mean it. To put that in writing makes me feel very guilty, because I am not a mean spirited person and after all you did to me I would never wish anything bad against you. February 21, 2015 marks two years since my admission at New York Presbyterian Hospital and the worst nightmare of my life began. I could never forgive you for what you put me through and some of the staff and clinicians helped you put me through. Usually I can forgive but what you did is unforgivable. I am wondering why, why would you torment, harass, psychologically abuse me, force me to abide by contracts that violated my human and civil rights? What did I do for you to make up false information and present it before a judge, lie and swear to it ? Forcibly medicate me. I remember when I took the first dose of haldol I laid on the bed facing the wall tears streaming down my face. Quietly crying, as I felt my head go into a vegetative state and I could do nothing about it. I wanted to die. I wish you had beaten me a hundred times over because anything was better than the psychological scars you left me with to this day.

The scariest part for me was the day before court it felt like judgement day, something you only saw in the movies when someone was on death row. You had mostly nurses with me that day. Then I received the court papers and it took everything in me not to cry, because I was afraid that would be documented against me. You made me out to be a sociopath. You accused me of being a drug addict, a criminal, annorex, assaulting people and the list went on. Everything and anything you could make up and twist you did. That scared me because I knew that before a judge no matter what a good attorney I had I was doomed. I was so scared I actually shit myself. The staff saw it and they made me stay that way for over two hours when I requested a shower. I was beyond degraded, humiliated, treated like less than an animal. I still managed to keep it together the next day when you attacked me on the stand calling me all sorts of things. This all of this and more two years later Dr. Baran is still fresh in my mind like it was yesterday. I have nightmares almost nightly about what happened. The last one about being tortured in front of the hospital with a cigarette and trying to get a passer by to help me but no one came. I wake up screaming, often I break down crying in my car.

It wasn’t enough to torture me inside the hospital you had to spill it into my personal life. I remember hearing from my professor asking to come into school a week after I got out of the hospital. I was told I needed to go through a re-entry program. The Dean told me that he needed all of my psychiatric records from the hospital and when I complied wit the policy on the website that wasn’t enough. Two months of trying to go back and forth with my school explaining once again my civil-rights and ADA laws were being violated. I hired a lawyer and we found out someone from the hospital called and released information to them without my consent. I can only assume it was you. You did not want me going back to school. This was my dream, you ruined it. MY DREAM DR BARAN. GONE because of your lies.

Over the past two years I have fought to make sure the hospital and you are held responsible along with the school for your actions boy its not an easy task. Ive gone bankrupt, in thousands of dollars of debt, almost was homeless, my boyfriend has been affected, my friendships, but there have been positives I found an awesome therapist, my boyfriend who is my rock, I have a job it doesn’t pay much but it’s a job, I have met some amazing people while working to make the mental health system better, I have grown to be a better person and despite the fact that you destroyed my life and me I AM STILL HERE TODAY. I may not be 100% whole or happy, but it’s better than letting you win.

Last but not least I want you to know I will never stop working to make sure your held responsible for what you have done to me. It was criminal and criminals belong in jail. I have no doubt in my mind that if you did this to me you did this to so many others and the hospital is complicit in it.


Emily Pierce

After Two long Years Department Health and Human Services Investigates New York Presbyterian Hospital- Westchester Division

After two long years of fighting for justice it appears by the letter I received that the Department of Health and Human Services is investigating New York Presbyterian Hospital – Westchester Division. This means absolutely ZERO to me until I see results. For two years I have been told something is being done and nothing has been done. Also as I said to Genevieve Kessler Deputy Director for Representative Sean Patrick Maloney the criminal conduct, medical negligence, intentional torture, fraudulent recording of records has yet to be investigated of Dr. Xiaolei Baran and the hospital lawyer Lois Piels who was fully aware of what was going on should be disbarred and brought up on criminal charges as well as everyone who signed the court documents.

This battle is long from over and I will continue until Dr. Xiaolei Baran is put behind bars and looses her medical license. The hospital is thoroughly investigated and everyone involved in my care is fired and looses their license. An example needs to be set that this is not acceptable and can not be accepted in any way.

e.pierce.dhhs.response      < click here to review response from Health and Human services

Meet Rebeeca Riley & Learn how the Mental Health System failed her!

Meet Rebecca Riley. This Angel was only two years old when she was diagnosed with Bipolar Disorder and ADHD.
A psychiatrists from Tufts Medical Center put her on

Depakote – 750mg ( mood stabilizer )
Serequel – 200mg ( anti-psychotic )
Clonidine- 0.35mg ( A.D.H.D. Med )


At the age of 4 years old this baby went to heaven due to the negligence of her psychiatrist and intoxication of combined medications. The parents were charged. ” Parents ” were held responsible for listening to the psychiatrist let this sink in not only did they loose their child they were charged for listening to a ” medical professional “.

This happens everyday to thousands of children in America a bill ‪#‎HR3717‬ which is being sponsored by Congressman Tim Murphy will make it easier for an professional to declare a persons child to have a mental illness. They are calling this ” EARLY INTERVENTION ” if you a parent dare to intervene child protective services will get involved and if you push you will loose your child.

Read the 135 page bill for yourself and read it closely because if you think that because you don’t suffer from a mental illness and your child doesn’t meet :

Ethan Chaplan who was just twirling a pencil in class and a student said he was pointing it like a gun and well you might want to read what happened to this child and his parents when they intervened.

Sheldon Silver: The Rise & Fall of Governor Cuomo’s Empire; An Open Letter to US Attorney Preet Bharara

US Attorney Preet Bharara

Criminal Division

United States Attorneys Office

1 St. Andrews Plaza

New York City, NY 10007

January 25, 2015

Dear Attorney General Bharara:

After hearing about the arrest of Sheldon Silver and the corroboration between himself and a doctor at Columbia University/ New York Presbyterian Hospital I felt the need to come forward and shed light on a case that has not only affected my life, but I believe will help your investigation into Governor Andrew Cuomo.

On February 21, 2013 I was admitted into New York Presbyterian Hospital- Westchester Division. I was there because I suffer from Depression/ PTSD. I was assigned to Dr. Xiaolei Baran. I was due to be discharged the first day I met with Dr. Baran, but my therapist felt I needed to stay the weekend. I asked her for a medication to help me sleep. She prescribed an anti-psychotic medication. I explained to her that I was unable to take these medications due to the side effects like suicidal feelings; agitation, anxiousness, but Dr. Baran would not prescribe anything else. She also ripped me off of an anti-anxiety medication Klonopin that needed a tapering off period. That Sunday I tried to commit suicide. I feel that I would not have done so if she didn’t push me to take the anti-psychotic or rip me off the klonopin. Monday my next discharge date I was not discharged and understandably so. I met with her and I told her I was no longer going to take the medication. She then prescribed me a medication in the same class. I went over the same thing as I did on Friday voicing my concerns about the side effects. She was relentless. I took the medication and after feeling even worse the next day I told her I would no longer take the medication. Dr. Baran then said, you will have to do ECT and if you don’t then we will take you to court. I said, I will not do ECT it’s for people who are completely unable to function. She said, Okay I will get a court order. I then got my own private attorney. That Wednesday she took me off my anti-depressant again allowing no period for tapering off and put me on tegretol. I complied with her. Thursday of that same week I went into rounds and she told me she was not playing games and that she was changing my diagnosis from major depression/PTSD to schizoaffective disorder. From that day on I was placed on 1:1 supervision already, badgered and harassed with questions everyday to attempting to prove that her new diagnosis was correct, when she got zero reaction out of me, she had the treatment team draw up contracts which violated my human and civil rights. I was forced to shower with the bathroom and bedroom door open so my peers could see me; I was forced to wait to go to the bathroom for sometimes hours because there was no female or just trying to antagonize me. The day of court on March 8, 2013 I think was the worst of it all when I sat in the court room feeling like a criminal as my brain were literally plea bargained after my attorney came up to me and said, the hospital attorney will take ECT off the table if we take the independent psychiatric exam off the table. Dr. Baran was allowed to blatantly lie, be out of line with the medical records and still get an order to forcibly medicate me. I was discharged a week later.

After I was discharged if it weren’t enough for the hospital to torture me for three long weeks. My school where I am studying for my masters of social work called me in. I was told that I had to go through a re-entry process because of my stay at the hospital. I spoke with the Dean of Students and one of the many requirements was to hand over my entire psychiatric record. When I heard this I told the dean that I would comply with what the school website said. That I would be evaluated by my psychiatrist and send a letter . I explained that what the school was asking for violated my civil rights and ADA laws. I tried to compromise for two months until nothing worked. I had to hire an attorney. We found out through Fordham University’s attorney that someone from the hospital released information without my consent and based upon that they would not allow me to go back. I was an excellent student never had any issues, held a 3.3 GPA.

In July of 2013 I wrote to Governor Andrew Cuomo because in June of 2012 a similar case happened to me at Four Winds Hospital where I was arrested for being a patient literally. Governor Cuomo’s office responded immediately sending the Office of Mental Health up there within 24 hours and to the best of my knowledge the Chief Medical Officer was demoted and the psychologist who ordered the arrest was fired. When I wrote this time and sent in the entire documentation court-hearing transcript, medical records, court records etc.. The Governors office sat on their hands sending it to every department accept the justice center where I specifically requested it be sent. I called to follow up and was met by rude representatives and after months of trying to communicate I ceased communication and wrote a complaint to the office of professional medical conduct and again I sent all the same documentation. The only thing is the same week I sent the documentation I got a letter back stating that my case had been decided on and dismissed. I thought that was strange and called. The investigator told me someone from the Governors Office sent them a letter which I wrote the Governors Office requesting to speak with the Governor or his staff and based upon the letter OPMC said there was no medical misconduct. I asked the nurse investigator what gives the Governors Office the right to act on my behalf in this capacity or OPMC to investigate if I did not ask them too. He cited some bogus education law. I followed up a few weeks later only to hear that they never received my complaint and I knew that they had due to sending it with tracking by US Mail. I sent it out again only this time by Certified- Return Receipt. Again I followed up a few weeks after and spoke with the same investigator who dealt with the original investigation from Governor Cuomo’s office and he told me were not investigating your complaint, You were seen by a judge, found incompetent by a doctor and that is it. This is when I decided to write a complaint to the Department of Justice, Office of Civil Rights.

I believe that Governor Andrew Cuomo’s staff knew about the involvement of Sheldon Silver and the doctor at Columbia University/New York Presbyterian Hospital and for this reason did not properly investigate my case and allegations of abuse, criminal conduct, torture and more of Dr. Xiaolei Baran and New York Presbyterian Hospital out of fear that it would lead to uncovering the corruption that was going on. Why else would his office respond so quickly to my first request for assistance and my second request which had solid proof of what I was stating go un-investigated ?

I am asking for your office to please investigate the Governors Office and his possible involvement and knowledge of the relationship between Sheldon Silver and the doctor at Columbia University/ New York Presbyterian Hospital. I am also requesting for a full investigation into New York Presbyterian – Westchester Division and their corruption in not only my case but the many cases I have knowledge of and some which I can furnish proof and if the Governors Office was covering and protecting for this hospital while many patients were wrongfully being sent to mental health courts and forcibly medicated against their will not only in Westchester County but New York City and the judges were also possibly aware of what was going on.

Thank you for your time and attention in this matter. I have attached voluminous documentation to support my allegations which are true and if there is anything else I can do please do not hesitate to contact me at ( phone number ) or by email at .


Emily Pierce