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.
Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.
Subscribe to my substack at https://barryzalma.substack.com/subscribe
Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg
Go to the Insurance Claims Library – https://lnkd.in/gwEYk
Notice of Claim Later than 60 Days After Expiration is Too Late
Post 5089
Injury at Massage Causes Suit Against Therapist
Read the full article at https://lnkd.in/gziRzFV8, see the full video at https://lnkd.in/gF4aYrQ2 and at https://lnkd.in/gqShuGs9, and at https://zalma.com/blog plus more than 5050 posts.
Hiscox Insurance Company (“Hiscox”) moved the USDC to Dismiss a suit for failure to state a claim because the insured reported its claim more than 60 days after expiration of the policy.
In Mluxe Williamsburg, LLC v. Hiscox Insurance Company, Inc., et al., No. 4:25-cv-00002, United States District Court, E.D. Missouri, Eastern Division (May 22, 2025) the trial court’s judgment was affirmed.
FACTUAL BACKGROUND
Plaintiff, the operator of a massage spa franchise, entered into a commercial insurance agreement with Hiscox that provided liability insurance coverage from July 25, 2019, to July 25, 2020. On or about June 03, 2019, a customer alleged that one of Plaintiff’s employees engaged in tortious ...
ZIFL – Volume 29, Issue 11
The Source for the Insurance Fraud Professional
Posted on June 2, 2025 by Barry Zalma
Post 5087
See the full video at and at
Read the full article and the full issue of ZIFL June 1, 2025 at https://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-06-01-2025.pdf
Zalma’s Insurance Fraud Letter – June 1, 2025
See the full video at https://lnkd.in/gw-Hgww9 and at https://lnkd.in/gF8QAq4d, and at https://zalma.com/blog plus more than 5050 posts.
ZIFL – Volume 29, Issue 11
The Source for the Insurance Fraud Professional
Read the full article and the full issue of ZIFL June 1, 2025 at https://lnkd.in/gTWZUnnF
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 ...
No Coverage if Home Vacant for More Than 60 Days
Failure to Respond To Counterclaim is an Admission of All Allegations
Post 5085
See the full video at https://lnkd.in/gbWPjHub and at https://lnkd.in/gZ9ztA-P, and at https://zalma.com/blog plus more than 5050 posts.
In Nationwide Mutual Insurance Company v. Rebecca Massey, Civil Action No. 2:25-cv-00124, United States District Court, S.D. West Virginia, Charleston Division (May 22, 2025) Defendant Nationwide Mutual Insurance Company's (“Nationwide”) motion for Default Judgment against Plaintiff Rebecca Massey (“Plaintiff”) for failure to respond to a counterclaim and because the claim was excluded by the policy.
BACKGROUND
On February 26, 2022, Plaintiff's home was destroyed by a fire. At the time of this accident, Plaintiff had a home insurance policy with Nationwide. Plaintiff reported the fire loss to Nationwide, which refused to pay for the damages under the policy because the home had been vacant for more than 60 days.
Plaintiff filed suit ...
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
Post 5073
See the full video at https://lnkd.in/g-f6Tjm5 and at https://lnkd.in/gx3agRzi, and at https://zalma.com/blog plus more than 5050 posts.
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 ...
A Heads I Win, Tails You Lose Story
Post 5062
Posted on April 30, 2025 by Barry Zalma
"This is a Fictionalized True Crime Story of Insurance Fraud that explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help everyone 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."
Immigrant Criminals Attempt to Profit From Insurance Fraud
People who commit insurance fraud as a profession do so because it is easy. It requires no capital investment. The risk is low and the profits are high. The ease with which large amounts of money can be made from insurance fraud removes whatever moral hesitation might stop the perpetrator from committing the crime.
The temptation to do everything outside the law was the downfall of the brothers Karamazov. The brothers had escaped prison in the old Soviet Union by immigrating to the United...
