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August 19, 2024
Representing Yourself is Foolish

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

Read the full article at https://lnkd.in/gXj9W6AD, see the full video at https://lnkd.in/gaMSX9eV and at https://lnkd.in/g2wqG6DN, and at https://zalma.com/blog plus more than 4850 posts.

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 26, 2025
No Way Out After Murder Conviction

Intentionally Shooting a Woman With A Rifle is Murder

Post 5196

See the full video at and at and at https://zalma.com/blog and more than 5150 posts.

You Plead Guilty You Must Accept the Sentence

In Commonwealth Of Pennsylvania v. Mark D. Redfield, No. 20 WDA 2025, No. J-S24010-25, Superior Court of Pennsylvania (September 19, 2025) the appellate court reviewed the case of Mark D. Redfield, who pleaded guilty to third-degree murder for killing April Dunkle with malice using a rifle.

Affirmation of Sentence:

The sentencing court’s judgment was affirmed, and jurisdiction was relinquished, concluding no abuse of discretion occurred.

Reasonable Inference on Trigger Pulling:

The sentencing court reasonably inferred from the guilty plea facts that the appellant pulled the trigger causing the victim’s death, an inference supported by the record and consistent with the plea.

Guilty Plea Facts:

The appellant admitted during the plea hearing...

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September 25, 2025
Prelitigation Communications Privileged

The Judicial Proceedings Privilege
Post 5196

Posted on September 25, 2025 by Barry Zalma

See the full video at and at

Judicial Proceeding Privilege Limits Litigation

In David Camp, and Laura Beth Waller v. Professional Employee Services, d/b/a Insurance Branch, and Brendan Cassity, CIVIL No. 24-3568 (RJL), United States District Court, District of Columbia (September 22, 2025) a defamation lawsuit filed by David Camp and Laura Beth Waller against Insurance Branch and Brendon Cassity alleging libel based on statements made in a letter accusing them of mishandling funds and demanding refunds and investigations.

The court examined whether the judicial proceedings privilege applieD to bar the defamation claims.

Case background:

Plaintiffs Camp and Waller, executives of NOSSCR and its Foundation, sued defendants Insurance Branch and Cassity over a letter alleging financial misconduct and demanding refunds and audits. The letter ...

00:07:56
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September 24, 2025
Untrue Application for Insurance Voids Policy

Misrepresentation or Concealment of a Material Fact Supports Rescission

Post 5195

Don’t Lie to Your Insurance Company

See the full video at and at https://rumble.com/v6zefq8-untrue-application-for-insurance-voids-policy.html and at https://zalma.com/blog plus more than 5150 posts.

In Imani Page v. Progressive Marathon Insurance Company, No. 370765, Court of Appeals of Michigan (September 22, 2025) because defendant successfully established fraud in the procurement, and requested rescission, the Court of Appeals concluded that the Defendant was entitled to rescind the policy and declare it void ab initio.

FACTS

Plaintiff's Application:

Plaintiff applied for an insurance policy with the defendant, indicating that the primary use of her SUV would be for "Pleasure/Personal" purposes.

Misrepresentation:

Plaintiff misrepresented that she would not use the SUV for food delivery, but records show she was compensated for delivering food.

Accident:

Plaintiff's SUV was involved in an accident on August ...

00:07:48
September 09, 2025
The Dishonest Chiropractor/Physician

How a Need for Profit Led Health Care Providers to Crime
Post 5185
Posted on September 8, 2025 by Barry Zalma

See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q

This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers.

The Dishonest Chiropractor/Physician

How a Need for Profit Led Health Care Providers to Crime

See the full video at and at

This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the ­­­Perpetrators than any Other Crime.

How Elderly Doctors Fund their ...

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September 08, 2025
The Dishonest Chiropractor/Physician

How a Need for Profit Led Health Care Providers to Crime
Post 5185
Posted on September 8, 2025 by Barry Zalma

See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q

This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers.

The Dishonest Chiropractor/Physician

How a Need for Profit Led Health Care Providers to Crime

See the full video at and at

This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the ­­­Perpetrators than any Other Crime.

How Elderly Doctors Fund their ...

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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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