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August 19, 2024
Representing Yourself is Foolish

Convicted Felon Incompetently Seeks Shortened Sentence in Pro Se Pleading
Post 4856

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Rameeza S. Chowdhury (“Chowdhury”) appealed as her own attorney from the order dismissing her petition pursuant to the Post Conviction Relief Act (“PCRA”) and must serve the full sentence.

Rameeza S. Chowdhury (“Chowdhury”) appealed as her own attorney from the order dismissing her petition pursuant to the Post Conviction Relief Act (“PCRA”) and must serve the full sentence.

In Commonwealth Of Pennsylvania v. Rameeza S. Chowdhury, No. 1491 MDA 2023, No. J-S19027-24, Superior Court of Pennsylvania (August 8, 2024) Chowdhury’s attempt to get out of jail was found to have been made without an appropriate basis and incompetently.

FACTS

Berks Psychiatry (“BP”), a medical office headed by Doctor Mohammed Khan resulted in the arrest and conviction of Ms. Chowdhury. Before her arrest the Commonwealth received information that patients could walk into BP and receive prescriptions for certain controlled substances with little if any medical examination. A search warrant was executed on October 16, 2012, resulting in the seizure of numerous records and approximately seven million dollars in cash. Dr. Khan unlawfully prescribed approximately 145,000 pills from January 1, 2012, through October 16, 2012.

Chowdhury, BP’s office manager, was charged as an accomplice to Dr. Khan with respect to prescribing three controlled substances (Xanax, Adderall, and Ritalin). In addition, the Commonwealth filed several charges particular to Chowdhury as a principal, which encompassed fraudulent billing, racketeering, perjury, and hindering prosecution. Medicare would be billed for separate visits on different dates, i.e., one day with the therapist and one day with Dr. Khan, when, in reality, the patients saw both persons on the same day. Several BP witnesses testified that Chowdhury ordered the alterations.

THE SENTENCE

After a non-jury trial on March 8, 2017, the trial court convicted Chowdhury of three counts of unlawful administration of a controlled substance by a practitioner, two counts of corrupt organizations, and one count each of conspiracy, perjury, insurance fraud, and hindering prosecution. The trial court sentenced Chowdhury to an aggregate term of six to eighteen years of imprisonment to be followed by two years of probation. Chowdhury did not appeal.

On June 6, 2019, Chowdhury timely filed a pro se PCRA petition, her first.

Chowdhury presented the following two questions for consideration:

1 Whether Chowdhury is guilty by association for drug crimes when she was employed by a medical doctor as an office manager.

2 Whether the Commonwealth met its burden of proof in overcoming the protections of statutes which confer additional immunity from guilt by association for those good faith office manager employees of medical professionals who were convicted of drug crimes incidental to government overreach, subject to counsel review?

ARGUMENT

Chowdhury argued that she is “not guilty as a matter of law” because as officer manager, she performed administrative duties and “had nothing to do with drug crimes.” Couched within the first issue, Chowdhury also argued that the Commonwealth did not prove she constructively possessed drugs because “office managers do not dispense drugs.”

Chowdhury concluded, without expounding, that counsel missed this law and its immunizing effect, ineffectively.

CONCLUSIONS

The appellate court concluded that no relief was due on any of Chowdhury’s claims.

First, Chowdhury failed to raise these issues in her PCRA petition. Accordingly, all of Chowdhury’s issues were waived on this basis.

A petitioner cannot raise issues in a PCRA petition that have been previously litigated or waived. Chowdhury’s claims all center around her argument that she cannot be held criminally liable because she was merely an office manager who worked under the direction of Dr. Khan, which was previously litigated on direct appeal. Chowdhury’s claims are, therefore, ineligible for PCRA relief.

To establish an ineffectiveness of counsel claim, a petitioner must prove: (1) The underlying claim has arguable merit; (2) no reasonable basis existed for counsel’s actions or failure to act; and (3) appellant suffered prejudice as a result of counsel’s error such that there is a reasonable probability that the result of the proceeding would have been different absent such error.

Because Chowdhury did not develop this issue, let alone prove the inadequacy, the appellate court concluded it was also waived.

ZALMA OPINION

It is axiomatic that the person who represents herself in court has a fool for a client and is a foolish litigator to take on such a difficult task. Chowdhury failed totally, made an enemy of a court appointed lawyer who withdrew and then totally failed in her attempts to represent herself to the appellate court, proving the axiom correct. The crime she, and her employer, Dr. Khan committed was evil rather than medicinal and she will now serve the six to eighteen years in prison.

(c) 2024 Barry Zalma & ClaimSchool, Inc.

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00:09:28
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September 05, 2025
Interpleader Helps Everyone Potential Claimant to Insurance Proceeds

Interpleader Protects All Claimants Against Life Policy and the Insurer

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Post 5184

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Interpleader Protects All Claimants Against Life Policy and the Insurer

In Metropolitan Life Insurance Company v. Selena Sanchez, et al, No. 2:24-cv-03278-TLN-CSK, United States District Court, E.D. California (September 3, 2025) the USDC applied interpleader law.
Case Overview

This case involves an interpleader action brought by the Metropolitan Life Insurance Company (Plaintiff-in-Interpleader) against Selena Sanchez and other defendants (Defendants-in-Interpleader).

Key Points

Plaintiff-in-Interpleader’s Application:

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00:06:34
September 05, 2025
Demands for Reasons for Termination not a “Claim”

A Claim by Any Other Name is not a Claim
Post 5182

It is Imperative that Insured Report Potential Claim to Insurers

Read the full article at https://lnkd.in/gfbwAsxw, See the full video at https://lnkd.in/gea_hgB3 and at https://lnkd.in/ghZ7gjxy, and at https://zalma.com/blog plus more than 5150 posts.

In Jeffrey B. Scott v. Certain Underwriters At Lloyd’s, London, Subscribing To Policy No. B0901li1837279, RLI Insurance Company, Certain Underwriters At Lloyds, London And The Insurance Company, Subscribing To Policy No. B0180fn2102430, No. 24-12441, United States Court of Appeals, Eleventh Circuit (August 25, 2025) the court explained the need for a claim to obtain coverage.

Case Background:

This appeal arises from a coverage dispute under a Directors & Officers (D&O) insurance policy. Jeffrey B. Scott, the plaintiff-appellant, was terminated from his role as CEO, President, and Secretary of Gemini Financial Holdings, LLC in October 2019. Following his termination, Scott threatened legal action against Gemini, and ...

00:08:22
September 04, 2025
Demands for Reasons for Termination not a “Claim”

A Claim by Any Other Name is not a Claim
Post 5182

It is Imperative that Insured Report Potential Claim to Insurers

Read the full article at https://lnkd.in/gfbwAsxw, See the full video at https://lnkd.in/gea_hgB3 and at https://lnkd.in/ghZ7gjxy, and at https://zalma.com/blog plus more than 5150 posts.

In Jeffrey B. Scott v. Certain Underwriters At Lloyd’s, London, Subscribing To Policy No. B0901li1837279, RLI Insurance Company, Certain Underwriters At Lloyds, London And The Insurance Company, Subscribing To Policy No. B0180fn2102430, No. 24-12441, United States Court of Appeals, Eleventh Circuit (August 25, 2025) the court explained the need for a claim to obtain coverage.

Case Background:

This appeal arises from a coverage dispute under a Directors & Officers (D&O) insurance policy. Jeffrey B. Scott, the plaintiff-appellant, was terminated from his role as CEO, President, and Secretary of Gemini Financial Holdings, LLC in October 2019. Following his termination, Scott threatened legal action against Gemini, and ...

00:08:22
September 03, 2025

Barry Zalma: Insurance Claims Expert Witness
Posted on September 3, 2025 by Barry Zalma
The Need for a Claims Handling Expert to Defend or Prove a Tort of Bad Faith Suit

© 2025 Barry Zalma, Esq., CFE

When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.

On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive ...

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September 03, 2025
Barry Zalma, Esq., CFE Insurance Claims Expert Witness

The Need for a Claims Handling Expert to Defend or Prove a Tort of Bad Faith Suit
© 2025 Barry Zalma, Esq., CFE

When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.

On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive and became a consultant and expert witness for lawyers representing insurers and lawyers ...

post photo preview
September 03, 2025
Evidence Required to Prove Breach of Contract

APPRAISAL AWARD SETS AMOUNT OF DAMAGES RECOVERED FROM INSURER

Post 5180

See the full video at https://rumble.com/v6yd2z0-evidence-required-to-prove-breach-of-contract.html and at https://youtu.be/2ywEjs3hZsw, and at https://zalma.com/blog plus more than 5150 posts.

It’s a Waste of Time to Sue Your Insurer if You Don’t Have Evidence

Evidence Required to Prove Breach of Contract

Read the full article at https://www.linkedin.com/pulse/evidence-required-prove-breach-contract-barry-zalma-esq-cfe-rfelc, see the full video at https://rumble.com/v6yd2z0-evidence-required-to-prove-breach-of-contract.html and at https://youtu.be/2ywEjs3hZsw, and at https://zalma.com/blog plus more than 5150 posts.

It’s a Waste of Time to Sue Your Insurer if You Don’t Have Evidence

In Debbie Beaty and Jonathan Hayes v. Homeowners Of America Insurance Company, No. 01-23-00844-CV, Court of Appeals of Texas, First District (August 26, 2025) Debbie Beaty and Jonathan Hayes filed a claim under their homeowner’s insurance policy with Homeowners of ...

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