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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Chutzpah: After Criminal Prosecution Defendant Sues USA
Post 5164
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Dr. Segun Patrick Adeoye, a medical doctor, filed a lawsuit against the United States of America, seeking damages for alleged violations during his criminal prosecution. He was acquitted by a jury but claims to have suffered significant harm, including financial losses, damage to his professional reputation, and personal distress.
In Dr. Segun Patrick Adeoye v. The United States Of America, Civil Action No. 4:25-cv-83, United States District Court, E.D. Texas, Sherman Division (July 23, 2025) the USDC dismissed Adeoye’s suit.
FACTUAL BACKGROUND
Dr. Adeoye was indicted on charges of conspiracy to commit wire fraud and money laundering. The indictment alleged that he and his co-conspirators obtained at least seventeen million dollars through various fraudulent schemes. Despite being acquitted, Dr. Adeoye claims that his ...
Payment of Appraisal Award Defeats Claim of Bad Faith
Post 5163
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Hurricane Damage to Dwelling Established by Appraisal Award
In Homeowners Of America Insurance Company v. Emilio Menchaca, No. 01-23-00633-CV, Court of Appeals of Texas, First District (July 31, 2025) after a hurricane Homeowners of America Insurance Company (“HAIC”) estimated that the cost of covered repair to Menchaca’s house was $3,688.54, which was less than his deductible, and therefore no payment would be made.
FACTS
After Menchaca retained counsel HAIC advised that, under the terms of the policy, Menchaca was required to first invoke the appraisal process prior to filing suit, and that HAIC reserved the right to request that Menchaca and any adjuster hired on his behalf submit to an Examination Under Oath (“EUO”).
On August 23, 2018, Menchaca’s counsel ...
Payment of Appraisal Award Defeats Claim of Bad Faith
Post 5163
Read the full article at https://lnkd.in/dNpKKcYx, see the full video at https://lnkd.in/dNgwRP8q and at https://lnkd.in/dA9dvd-D, and at https://zalma.com/blog plus more than 5150 posts.
Hurricane Damage to Dwelling Established by Appraisal Award
In Homeowners Of America Insurance Company v. Emilio Menchaca, No. 01-23-00633-CV, Court of Appeals of Texas, First District (July 31, 2025) after a hurricane Homeowners of America Insurance Company (“HAIC”) estimated that the cost of covered repair to Menchaca’s house was $3,688.54, which was less than his deductible, and therefore no payment would be made.
FACTS
After Menchaca retained counsel HAIC advised that, under the terms of the policy, Menchaca was required to first invoke the appraisal process prior to filing suit, and that HAIC reserved the right to request that Menchaca and any adjuster hired on his behalf submit to an Examination Under Oath (“EUO”).
On August 23, 2018, Menchaca’s counsel ...
Rulings on Motions Reduced the Issues to be Presented at Trial
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CASE OVERVIEW
In Richard Bernier v. State Farm Mutual Automobile Insurance Company, No. 4:24-cv-00002-GMS, USDC, D. Alaska (May 28, 2025) Richard Bernier made claim under the underinsured motorist (UIM) coverage provided in his State Farm policy, was not satisfied with State Farm's offer and sued. Both parties tried to win by filing motions for summary judgment.
FACTS
Bernier was involved in an auto accident on November 18, 2020, and sought the maximum available UIM coverage under his policy, which was $50,000. State Farm initially offered him $31,342.36, which did not include prejudgment interest or attorney fees.
Prior to trial Bernier had three remaining claims against State Farm:
1. negligent and reckless claims handling;
2. violation of covenant of good faith and fair dealing; and
3. award of punitive damages.
Both Bernier and State Farm dispositive motions before ...
ZIFL Volume 29, Issue 10
The Source for the Insurance Fraud Professional
See the full video at https://lnkd.in/gK_P4-BK and at https://lnkd.in/g2Q7BHBu, and at https://zalma.com/blog and at https://lnkd.in/gjyMWHff.
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ You can read the full issue of the May 15, 2025 issue at http://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-05-15-2025.pdf
This issue contains the following articles about insurance fraud:
Health Care Fraud Trial Results in Murder for Hire of Witness
To Avoid Conviction for Insurance Fraud Defendants Murder Witness
In United States of America v. Louis Age, Jr.; Stanton Guillory; Louis Age, III; Ronald Wilson, Jr., No. 22-30656, United States Court of Appeals, Fifth Circuit (April 25, 2025) the Fifth Circuit dealt with the ...
Professional Health Care Services Exclusion Effective
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This opinion is the recommendation of a Magistrate Judge to the District Court Judge and involves Travelers Casualty Insurance Company and its duty to defend the New Mexico Bone and Joint Institute (NMBJI) and its physicians in a medical negligence lawsuit brought by Tervon Dorsey.
In Travelers Casualty Insurance Company Of America v. New Mexico Bone And Joint Institute, P.C.; American Foundation Of Lower Extremity Surgery And Research, Inc., a New Mexico Corporation; Riley Rampton, DPM; Loren K. Spencer, DPM; Tervon Dorsey, individually; Kimberly Dorsey, individually; and Kate Ferlic as Guardian Ad Litem for K.D. and J.D., minors, No. 2:24-cv-0027 MV/DLM, United States District Court, D. New Mexico (May 8, 2025) the Magistrate Judge Recommended:
Insurance Coverage Dispute:
Travelers issued a Commercial General Liability ...
