Indo American News

Category: Legal

  • VFS Global Expands Consular Application Centres in USA; Unveils 8 New Centres

    VFS Global Expands Consular Application Centres in USA; Unveils 8 New Centres

    Inauguration of a visa centre in Edison, New Jersey, by Hon. Consul General of India, New York, Mr. Binaya S Pradhan, along with Amit Kumar Sharma, Head-Americas & Caribbean, VFS Global.

    • 8 new locations include Boston, Columbus, Dallas, Detroit, Edison, Orlando, Raleigh, and San Jose

    • These 16 Indian Consular Application Centres (ICACs) across the US will facilitate
    the Indian diaspora and other applicants across the United States of America with India Visa, Overseas Citizenship of India (OCI), passport application, renunciation of Indian citizenship, Police clearance certificate, Global Entry Programme (GEP), and
    Miscellaneous/Attestation services.
    • VFS Global is the exclusive service provider for visa, OCI, passport, renunciation of Indian citizenship, PCC, GEP, & Miscellaneous/attestation verification services for the Government of India in the United States of America
    The Indian Mission in the United States of America and VFS Global, the global leader in trusted
    technology services today jointly announced the launch of eight new Indian Consular
    Application Centres (ICACs) in Boston, Columbus, Dallas, Detroit, Edison, Orlando, Raleigh,
    and San Jose taking the total number of ICACs in the USA to 16, further enhancing
    accessibility and convenience to the 5.3 million Indian diaspora and those using the services.
    Furthermore, a new ICAC is scheduled to open in Los Angeles in August, increasing the
    network to 17 centers nationwide.
    These ICACs will serve as crucial hubs for a comprehensive range of essential services,
    including India Visa, Overseas Citizenship of India (OCI), passport application, renunciation
    of Indian citizenship, Police clearance certificate, Global Entry Programme (GEP), and
    Miscellaneous/Attestation services. VFS Global remains the exclusive service provider for
    these critical functions on behalf of the Government of India in the United States.
    The expanded network introduces several key improvements designed to streamline the
    application process:
    • ICACs will now be open on Saturdays, offering greater flexibility for applicants.
    • Return courier services are now incorporated into the standard service fees.
    • Services such as photographs, photocopies, and form filling will be available at no additional cost within the ICACs.
    • A broader range of consular services will also be readily available.
    Mr. Vinay Mohan Kwatra, Ambassador of India to the United States of America, said, “We are very happy to announce the opening of 8 new Indian Consular Application Centres. With the opening of these new Indian Consular Application Centres, our presence to provide extensive consular services and related delivery capabilities would increase and expand significantly. Besides, it will also make the delivery of these consular services faster and more accessible to a vibrant Indian diaspora. We firmly believe that people to people ties are the heart of India US partnership.”
    The centres will be equipped with world-class facilities aimed at providing an easily accessible and customer-centric application experience and will make the application process more convenient for travellers. These centres are expected to benefit the Indian community in the consular jurisdiction of the Indian Consulate in Atlanta, Chicago, Houston, New York, San Francisco, Seattle and Washington D.C.
    Amit Kumar Sharma, Head – North America & Caribbean, VFS Global, said, “We are honoured by the continued trust the Government of India has placed in VFS Global to support its diplomatic mission in the United States. These ICACs will play a crucial role in effectively catering to the growing demand for visa and consular services to India led by business partnerships, tourism and trade.”
    VFS Global is the first outsourced visa services partner of the Ministry of External Affairs (India) and has been serving the Government of India since 2008. In the United States of America, VFS Global has provided passport, visa and consular services on behalf of the Embassy and Consulates of India located across the country since 2020. At present, VFS Global manages Passport, Visa and Consular Services Application Centres for the Government of India in 7 countries: Australia, Iraq, Kingdom of Saudi Arabia, South Africa, Switzerland, the United States of America, and the United Kingdom.
    About VFS Global
    As the global leader in trusted technology services, empowering secure mobility for governments and citizens, VFS Global embraces technological innovation including Generative AI to support governments and diplomatic missions worldwide. The company manages non-judgmental and administrative tasks related to applications for visa, passport, and consular services for its client governments, increasing productivity and enabling them to focus entirely on the critical task of assessment.
    With a responsible approach to technology development, adoption and integration, the company prioritizes ethical practices and sustainability while serving as the trusted partner to 69 client governments. Operating over 3,900 Application Centres in 165 countries, VFS Global has efficiently processed more than 499 million applications since 2001. Headquartered in Zurich and Dubai and majority owned through investment funds managed by Blackstone Inc, along with minority stakeholders including Swiss-based Kuoni and Hugentobler Foundation.
  • Indian-origin Neurosurgeon Fined $2 MM for Fraud involving Fake Surgeries

    Indian-origin Neurosurgeon Fined $2 MM for Fraud involving Fake Surgeries

    Dr. Rajesh Bindal

    HOUSTON: A 53-year-old Sugar Land surgeon has agreed to pay $2,095,946 to resolve allegations he submitted false claims for the placement of electro-acupuncture devices, announced U.S. Attorney Alamdar S. Hamdani.

    Dr. Rajesh Bindal used the entity Texas Spine & Neurosurgery Center P.A. to conduct his medical practice. From March 16, 2021, to April 22, 2022, Bindal billed Medicare and the Federal Employees Health Benefits Program (FEHBP) for the surgical implantation of neurostimulator electrodes.

    These are invasive procedures usually requiring use of an operating room. As a result, Medicare and the FEHBP pay thousands of dollars per procedure. However, neither Bindal nor his staff performed these surgical procedures, according to the allegations. Instead, patients allegedly received devices used for electroacupuncture, which only involved inserting monofilament wire a few millimeters into patients’ ears and taping the device behind the ear with an adhesive. In some instances, a device sales representative or a physician assistant allegedly performed these placements, which were then billed as surgeries. All device placements took place in Bindal’s clinic, not a hospital or surgical center, and no incision was made on a patient. Most patients claimed the adhesive came loose and the device fell off on its own accord within a few days.

     US Attorney Alamdar Hamdani

    A neurosurgeon, like Bindal, should know when he is and is not performing surgery,” said Hamdani. “Even though neurosurgeons, according to one study, are the highest paid physician specialists in the United States, Bindal allegedly submitted false claims in an effort to further enrich himself. To maintain the trust of the public in our federal health care system, it is imperative that medical professionals, such as neurosurgeons, bill accurately for the services provided. Otherwise, my office may get involved and seek to hold accountable anyone who violates that trust.”

    “Ensuring that health care professionals are held accountable for submitting false claims to Medicare is essential for preserving public trust and safeguarding critical resources,” said Special Agent in Charge Jason E. Meadows of the Department of Health and Human Services – Office of Inspector General (DHHS-OIG). “Dr. Bindal not only submitted false claims to Medicare but also deceived our most vulnerable population. DHHS-OIG and our law enforcement partners remain committed to working together to uphold the integrity of federal health care
    programs.”

    “False claims come at a cost not only to our federal health care programs but also to the members who rely on these
    programs for necessary care,” said Special Agent in Charge Derek M. Holt of the Office of Personnel Management (OPM-OIG.) “We support the efforts of our law enforcement partners and colleagues to protect not only the integrity of federal health care programs but also the safety of federal employees, annuitants and their families.”

    The U.S. Attorney’s Office conducted the investigation with DHHS-OIG and OPM-OIG. Assistant U.S. Attorney Laura Collins handled the matter.

    Alamdar Hamdani is the 24th United States Attorney (USA) for the Southern District of Texas. Nominated by President Biden in October 2022 and confirmed by the United States Senate in December 2022, Hamdani is the chief federal law enforcement officer for the Southern District of Texas (SDTX). The district was established in 1902 and encompasses seven divisions with federal district courts in Houston, Galveston, Victoria, Corpus Christi, Brownsville, McAllen and Laredo.

    As USA, Hamdani supervises the investigation and prosecution of all federal crimes and the litigation of all civil matters in which the United States has an interest. Hamdani joined the SDTX in 2014, but has been with the Department of Justice since 2008. As an AUSA with the SDTX, he was primarily responsible for the investigation and prosecution of national security and official corruption crimes. From 2010 to 2014, Hamdani served in the
    Counterterrorism Section of the Department of Justice’s National Security Division, holding the position of deputy chief from 2012 to 2014. Prior to that, he was an AUSA in the Eastern District of Kentucky.

    Prior to his government service, Hamdani was a partner at the law firm of Hamdani & Simon LLP in Texas from 2005 to 2008 where he litigated corporate disputes and civil rights matters. In 2003, he helped form the South Asian Bar Association of North America, holding various leadership positions in the organization, including president from 2007 to 2008. From 2001 to 2005, Hamdani was an associate attorney in the Houston office of the law firm Winstead P.C.

    During his tenure as an AUSA with the SDTX, Hamdani was also an adjunct professor at the University
    of Houston Law Center. Hamdani received his J.D. from the University of Houston Law Center in 1999 and his B.B.A. from the University of Texas at Austin in 1993.

  • Nasir Abasi: 1st Fort Bend Captain from South Asia

    Nasir Abasi: 1st Fort Bend Captain from South Asia

    Richmond: History was made Tuesday morning as the Fort Bend County Sheriff’s Office swore in its new captain. Captain Nasir Abbasi is the first South Asian to rank as captain in the sheriff’s office.

    “We are all here. We see the true reflection of Fort Bend County,” said Captain Abbasi.

    Sheriff Eric Fagan, the first Black sheriff in the county in more than 150 years, said part of his mission is to have a staff that reflects the diversity of the county.

    “Children need to see people in power that look like them, not just on patrol, but command staff,” Fagan said.

    Before working in Fort Bend County, Abbasi was a sheriff’s deputy in Harris County, where he and Deputy Sandeep Dhaliwal were close friends. Dhaliwal was killed in the line of duty in 2019. His father, Pyara, was at Tuesday’s ceremony. He says his late son’s legacy will live on, here.

    “I see Sandeep in Captain Abbasi. I hope he will take his legacy and bring it here to Fort Bend County and serve the community like he did regardless of religion, color, ethnicity and nationality,” said Dhaliwal’s father.

    Deputy Dhaliwal was known in the community for his distinctive turban and was also the first Sikh deputy in Harris County.

    As part of Fort Bend County’s commemoration of Black History Month, county officials unveiled a portrait of Walter Moses Burton, the first African American to hold the position of county sheriff in the U.S.

    County Judge KP George said the portrait will be displayed in one of the hallways inside the old county courthouse in Richmond. — TJ Parker for ABC 13.

  • Questions linger about why terminally ill doctor killed Austin pediatrician in hostage standoff

    Questions linger about why terminally ill doctor killed Austin pediatrician in hostage standoff

    Dr. Lindley Dodson and Dr. Bharat Narumanchi

    BY NATE CHUTE, WOCHIT

    LOS ANGELES (Austin American Statesman) — Days after Austin police identified Dr. Bharat Narumanchi as the man behind a hostage standoff in Central Austin that ended in his suicide and the death of pediatrician Dr. Lindley Dodson, a 43-year-old mother of three, his exact motives are still unknown.

    But interviews with colleagues and witnesses indicate that terminal illness and a desire to be closer to family members brought him to Austin.

    Obstetrician Dr. H. Joseph Khan was a colleague of Narumanchi’s at Paramount Care Medical Group in Santa Ana, Calif., before the pediatrician came to Austin six months ago, he said.

    “He wanted to be close to his (family), and he also was suffering from some kind of health condition,” Khan told the USA Today Network, referring to the cancer.

    Narumanchi, 43, told Khan that he sought treatment for cancer at UCLA, but Khan said he was unaware of any history of psychological problems or signs he was taking medication. Upon learning about the hostage standoff and the killing, Khan said he was shocked.

    “He does not look like a serial killer. I read on the internet that he had a gun. I think he’s not that type,” Khan said.

    Dr. Tammy McConnell is consoled by Angie McLarty at a memorial for Dr. Katherine Lindley Dodson outside of the Children’s Medical Group on West 35th Street on Wednesday, January 27, 2021.Dr. Tammy McConnell says that Dr. Dodson was her colleague.
    Dr. Tammy McConnell is consoled by Angie McLarty at a memorial for Dr. Katherine Lindley Dodson outside of the Children’s Medical Group on West 35th.
    RICARDO B. BRAZZIELL /AMERICAN-STATESMAN

    Khan also was unaware of any connection Narumanchi might have had with Dodson. Khan said Narumanchi worked on and off at the California clinic “for some time” but less than a year.

    With his illness, Narumanchi thought they would take care of him, Khan said. “And he said when he got better he was going to come back. Austin police responded at 4:30 p.m. Tuesday to a 911 call reporting that a man, later identified as Narumanchi, was holding hostages at the Children’s Medical Group pediatric offices on 35th Street near MoPac Boulevard (Loop 1). When officers arrived, five employees and Narumanchi were still inside.

    “Several hostages initially escaped and others were later allowed to leave with the exception of Dr. Katherine (Lindley) Dodson,” authorities said in a written statement.

    Victoria Ishaak, who was among those who escaped, told the American-Statesman that Narumanchi pointed a gun at her and a co-worker.

    “He pointed his gun at my co-worker and told her to go get the doctor. … And then he points the gun at me and tells me to go lock the front door,” Ishaak said.

    CMG employee recounts escaping the Austin hostage situation
    Victoria Ishaak remembers escaping from her office when Bharat Narumanchi entered with a gun and shares why Lindley Dodson was a great boss.

    The hostages told police that Narumanchi entered the office carrying a pistol, a shotgun and two duffel bags.

    After police tried to communicate with Narumanchi for several hours, a robot with a camera went inside and spotted the body of at least one person. SWAT officers stormed the building and found Dodson and Narumanchi dead.

    Investigators think Narumanchi shot himself after shooting Dodson.

    On Thursday, his parents released a statement saying they “wish to extend our most sincere condolences and most fervent prayers to the family, friends and colleagues of Dr. Lindley Dodson. We share your grief for a life so senselessly cut short.”

    “We don’t understand our son’s motives or actions but feel this time is best spent remembering Dr. Dodson and her contributions to this world,” they said. “We are cooperating with the investigators as they seek to make sense of this tragedy.

    “The consequences of this action will live with us forever and we can only hope that faith, spiritual healing and God’s light will guide us through the darkness of this moment,” they said.

    Narumanchi is not known to have any link to Dodson. Some of the hostages said they first encountered him a week ago when he applied for a volunteer position at the Children’s Medical Group clinic, which includes Dodson and several other physicians. A staff member said Dodson did not come into contact with Narumanchi at that time.

    “We feel like his terminal cancer probably played a large part in whatever it was in his life that was happening (Tuesday),” Austin police Lt. Jeff Greenwalt said Wednesday. “The family was entertaining the hospice care step and that process.”

    Police declined to say what kind of cancer he had, but Greenwalt said Narumanchi’s family members have agreed to cooperate with the investigation.

    Dr. Bharat Narumanchi died after a standoff Tuesday with Austin police at a local pediatric clinic. Austin police say Narumanchi took another doctor hostage before.

    “We’ve asked for them to share with us anything they might learn over the next few days and weeks in terms of providing any type of closure. They promised to do that for us,” Greenwalt said. “They have expressed interest in wanting to reach out to the victim’s family, too. This is a shock to them, as it is to the rest of us.”

    Police also hope Narumanchi’s friends or family members can recall any behavior that might provide clues to his motives.

    “A lot of times, suspicious behavior is not so suspicious when it’s happening, because you’re just not thinking about that,” Greenwalt said. “But when you look backwards and think with 20/20 hindsight, now knowing what happened, little things that weren’t suspicious at the time mean more.”

    What’s known about Dr. Bharat Narumanchi’s actions before the Tuesday slaying remains limited, and police have asked anyone with information to call police at 512-974-8477, email detectives at homicide.apd@austintexas.gov, or reach out to Crime Stoppers at 512-472-8477 or through the Crime Stoppers app. 

  • HAF Files Motion to Intervene in Santa Clara Court Discrimination Case

    HAF Files Motion to Intervene in Santa Clara Court Discrimination Case

    Santa Clara, CA: Last week the Hindu American Foundation (HAF) filed a motion in Santa Clara County Superior Court to intervene in the case of California Department of Fair Employment and Housing v. Cisco Systems. HAF has filed for injunctive relief to prevent the state’s overreach and violation of Hindu American rights under the First and Fourteenth Amendment and California’s Unruh Civil Rights Act. HAF’s motion to intervene takes no stance on the specific allegations of discrimination in the case.

    “HAF vehemently opposes all discrimination and stopping it is a worthy goal, one that directly furthers Hinduism’s teachings about the equal presence of the divine in all people,” said Suhag Shukla, HAF’s Executive Director. “But, wrongly tying Hindu religious beliefs to the abhorrent act of caste discrimination undermines that goal and violates the First and Fourteenth Amendment rights of all Hindu Americans.”

    In its complaint, California argues that Cisco failed to address discrimination against one of its engineers by co-workers on the basis of his presumed caste. California goes on to state that caste is “a strict Hindu social and religious hierarchy” and therefore an integral part of Hindu teachings and practices.

    Framing its argument in this way, California is attempting to do what the Constitution clearly says it cannot, HAF said: defining Hindu religious doctrine for Hindus.

    “In the United States, there is no role for government to define our religious beliefs, whether it be Hinduism, Islam, Judaism, Christianity or any other.  In fact, the Constitution expressly prohibits it. HAF’s actions are an important step in protecting the rights of all Americans,” stated Tim Travelstead, lead attorney for HAF.

    Should California’s attempted violation of the First Amendment rights succeed, the due process rights of all Hindu Americans would also be violated, claimed Foundation representatives.

    In its filing, HAF asserted that California provided no definition or workable method to determine anyone’s caste other than an assumption that Hindus of Indian decent must identify as part of a specific caste, ascribe to a “social and religious hierarchy,” and engage in caste discrimination. This inaccurate and unconstitutional definition would perversely lead to increased targeting of and discrimination against Indian-origin, and particularly Hindu workers, the Foundation stated.

    The State of California’s Department of Fair Employment and Housing sued Cisco Systems in June  2020, accusing the company of engaging in unlawful employment practices over a claim by an Indian-origin employee that two managers, also of Indian origin, allegedly discriminated against him on the basis of his assumed caste. The case was initially filed in federal court, but has since been re-filed in state court. Cisco Systems is promising a vigorous defense, rejecting the claim of discrimination.

    The State of California has asserted that the caste system is “a strict Hindu social and religious hierarchy,” and therefore an integral part of Hindu teachings and practices. This is  in contradiction to the precepts of the religion and the beliefs of an overwhelming number of its own adherents. The State is asserting that Hinduism is inherently discriminatory and that all Hindus discriminate.

    California has also failed to provide any definition or workable method to determine anyone’s caste. It’s not concerned with what Hindus actually believe and is instead targeting them on its presumption that all Hindus of Indian decent must identify as part of a specific caste, believe in a “strict Hindu social and religious hierarchy,” and engage in caste discrimination just because they’re Hindu.

    California’s actions blatantly violate the rights of Hindu Americans. The US Constitution prohibits the state from interfering in questions of religious doctrine and prevents the state from depriving any American of their right to liberty.

    The State of California is attempting to legally define the Hindu religion as a bigoted religion and Hindus as bigoted people.

    Such a false interpretation of Hinduism makes all Hindus suspect in the eyes of the general public. It encourages widespread discrimination against hiring, firing, or promoting of Hindus. Since Hindu children already report being bullied in school when caste discrimination is misportrayed as intrinsic to their religion, the California case puts Hindu children at greater risk for bullying in schools.

    Given the lack of religious literacy and cultural proficiency in the United States, all people of Indian origin will likely be presumed guilty of baseline bigotry as well. All Americans should care because while it is Hindus being targeted by the State of California today, tomorrow it may be others.

    HAF has filed a motion to intervene in the case to protect the religious freedoms and rights of Hindu Americans, and all Americans of faith, from the unconstitutional efforts of the State of California to impose the scope and nature of Hindu religious beliefs, teachings, and practices.

    HAF’s position in this dispute is clear — we vehemently oppose all forms of prejudice and discrimination regardless of whether it is prohibited by policy or law and we reject any claim that prejudice and discrimination based on caste are inherent to Hinduism.

  • Indian Consulate Provides Details of Outsourcing Vendor

    Indian Consulate Provides Details of Outsourcing Vendor

    Houston: Consulate General of India, Houston will accept online applications for OCI, Renunciation, Passport and GEP services through the new service provider, VFS Global.

    A service fee of US$15.90 (inclusive of all taxes) per application will be charged in addition to applicable Government of India fees for these services.

    The details of the VFS Global Application center in Houston are as under:

    VFS Global, 1001 Texas Ave, Suite #550, Houston, TX 77002

    Applicants are advised to send duly filled applications by post to VFS Global only after completing their application through their website: 

    https://visa.vfsglobal.com/usa/en/ind    

    It may also be noted that due to the ongoing COVID pandemic, there will be no walk-in service at VFS Global until further notice.  All applications shall only be dealt with by post.

    Visa: Emergency visa to the eligible categories allowed to travel to India as per the advisories issued from time to time by the Government of India. Visa applicants are requested to send an email to:‘visa.houston@mea.gov.in’ requesting for emergency visa.

    On receipt of the documentation checklist, applicants are requested to carefully go through the requirements relating to the different categories of visa before submitting their applications. The Consulate may request additional documentation in certain cases.

    Request for Miscellaneous Services (Attestation, Power of Attorney, Police Clearance Certificates etc.) can be sent to the Consulate through regular Post/Mail. These services are being rendered ONLY through regular post/mail. Applicants are requested NOT to visit the Consulate for any service.

    For procedure related to application for Emergency Visa and general information regarding other Consular Services please visit our website www.cgihouston.gov.in

    Please contact us for any query or assistance on the following helplines.

    Helpline number: +1-713-626-2148

    Emergency helpline number:+1-713-626-2149(for emergencies only)

    Email: enquiriescgi@swbell.net

    With 3430 application centres and operations in 144 countries across five continents, VFS Global serves the interests of 64 client governments. The company has successfully processed over 225 million applications since its inception in 2001, and over 98.07 million biometric enrolments since 2007.

  • VFS Global: New Indian Visa Service Provider in US

    VFS Global: New Indian Visa Service Provider in US

    Houston: The Indian Consulate in Houston issued the following news release:

    1. The existing service center of Cox & Kings Global Services (CKGS) located at  1001 Texas Avenue, Houston TX 77002 for providing outsourcing services for Visa, OCI, Renunciation, Passport and Global Entry Program (GEP) (Website: in.ckgs.us) will shut down its operations at close of business (1600 hours Central Standard Time) on Wednesday, 14 October, 2020.

    In this context, the following may kindly be noted:

    (i) Applicants can only submit applications on the CKGS website before the above deadline.

    (ii) Applicants must ensure that their documents are shipped to CKGS with suitable pre-paid return envelopes in a manner to ensure it reaches CKGS by 1600 hours Central Standard Time on Friday, 16 October, 2020.

    (iii) Any applications received after 1600 hours Central Standard Time on Friday, 16 October, 2020 will be returned to the applicants without processing.

    (iv) Applicants must ensure that they receive back the processed documentation from CKGS as it will not be possible for CKGS or the Consulate to take care of any returned envelopes. The responsibility is that of the applicant.

    3.   With effect from 19 October, 2020 VFS Global, the new outsource service provider, takes over operations (expected from 02 November, 2020), the Consulate will provide direct limited services only in emergencies. Applicants residing in the states of Arkansas, Kansas, Louisiana, Oklahoma, Texas, New Mexico, Colorado and Nebraska, covered by the Consulate General of India, Houston, are advised to follow the instructions given below to avail emergencies services:

    (i) Visa: Emergency visa to the eligible categories allowed to travel to India as per the advisories issued   from time to time by the Government of India.  Visa applicants are requested to send an email to: ‘visa.houston@mea.gov.in’ requesting for emergency visa. On receipt of the documentation checklist, applicants are requested to carefully go through the requirements relating to the different categories of visa before submitting their applications. The Consulate may request additional documentation in certain cases.

    (ii) Passport: For emergency passport services, applicants are requested to send an email to: ‘passport.houston@mea.gov.in’ explaining the reason. Only after approval from the Consulate, the application process must be initiated by the applicant.

    (iii) OCI: All OCI services will remain suspended till the new service provider takes over.

    (iv) Miscellaneous Consular Services: Request for Miscellaneous Services (Attestation, Power of Attorney, Police Clearance Certificates etc.) can be sent to the Consulate through regular Post/Mail. For procedure related to these services please visit: https://cgihouston.gov.in/pages/Mjk

    4. The contact details of VFS Global, service fees details, their operational hours, etc. will be published on the website of CGI, Houston in due course.

    5. Helplines: In case of any further query or assistance please contact the following helplines:

    Regular Helpline number: +1-713-626-2148

    Emergency helpline number:+1-713-626-2149 (for emergencies only)

    Email: enquiriescgi@swbell.net

    Website: www.cgihouston.gov.in

  • Does Federal Policing Violate U.S. Constitution?

    Does Federal Policing Violate U.S. Constitution?

    By Surendran K. Pattel

    There can be little doubt that the Trump administration’s provocative decision to send federal agents to  “police” city streets in Portland, Ore, was a clear violation of the U.S. Constitution. Without question, such federal “policing” infringes on state and local rights and powers.

    The fact is, there is far more clarity in the Constitution regarding the separation of federal and state/local roles in law enforcement than there is in the more frequently discussed issue of separation of church and state.

    As Judge Anthony Napolitano put it in a column posted on the Trump-friendly Fox News website, many of the actions of federal agents in Portland have been “unlawful, unconstitutional and harmful.” As Napolitano notes, the federal government cannot legally deploy police or military domestically unless a state legislature or governor requests such assistance. Such was not the case in Portland, where  federal agents seem to have provoked protesters rather than diminish tensions. (The Portland situation differs from that of Chicago in that Illinois officials have agreed “reluctantly” to accept federal assistance in policing the Windy City.)

    History informs us that the framers of the Constitution, fully aware of the broad powers of the federal government they had invented, were at the same time wary of big government and its potential to undercut liberty and freedom. As a result, in the arena of law enforcement our Constitution specifies limited policing powers for the federal government, with remaining concerns to be determined by state and local governments.

    That is the thrust of the 10th Amendment, which states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” In short, we are in the territory of states’ rights.

    The Constitution specifies that the federal government be concerned with policing such crimes as counterfeiting, piracy and treason, for example. In addition, because Congress is given constitutional authority over certain other specific issues (such as bankruptcies and post offices), it is reasonable for Congress to enact criminal legislation related to those subjects.

    Given such well-defined constitutional limitations, it seems clear that the federalization of other policing is overreach that can result in the endangerment of public safety and a violation of our rights. Even more important, most sources agree that the federalization of policing leads too often and too recklessly to the militarization of policing. Such militarization is believed to have resulted in the violence at Waco and Ruby Ridge.

    Beyond important constitutional concerns, we must answer this question: Are we willing to risk a horrific climax to our continuing discontent over racism and police brutality? 

    What we need at this moment are leaders in government, in law enforcement, and among protesters who know and respect constitutional powers and limitations — not to mention respect for one another.

    Surendran K. Pattel is a trial lawyer and appellate attorney who has represented clients in Fort Bend, Harris and Brazoria counties.

    The founder of PKS Law Firm, PLLC, he also sought the Democratic nomination for judge of District Court 505 in the current election cycle.

  • Do You Know What to Do in Case of an Accident with Uber or Lyft?

    Do You Know What to Do in Case of an Accident with Uber or Lyft?

    By Mala Sharma

    With the advent of popular aps like uber and Lyft, there are more and more non-traditional drivers on the road. Not quite a taxi, but not an ordinary driver, these shared ride apps have created an entirely new category of commercial driving. So, what do you do when you have been in an accident wither an uber, Lyft, or another shared ride app vehicle?

    Before getting to that answer, it is important to know a few basics. Under the Uber insurance policy, required by all Uber drivers, there is liability coverage up to $1 million if the Uber driver is found at fault for an accident or $250,000.00 uninsured or underinsured motorist bodily injury coverage (UM/UIM) with a $1,000.00 comprehensive and collision deductible for property damage.

    However, if an Uber driver and passenger are hit by a negligent or at-fault driver that has insurance, then the at fault driver’s auto insurance policy would be the first to look at in claiming all damages incurred. This includes damages for injuries to both the Uber driver and passenger, as well as property damage to the Uber vehicle. If the at fault driver was driving a vehicle owned by another and that auto policy does not provide any coverage for accidents caused by the at fault driver, then the at fault driver’s own insurance policy most likely will provide coverage for the damages caused. Once policy limits are reached through the at-fault driver’s insurance, then Uber’s underinsured motorist coverage (UIM coverage) will kick in to help cover any additional medical expenses incurred, so that those injured by a negligent driver may receive the maximum compensation possible. What if the at-fault driver that hit the Uber driver and passenger did not have insurance? If an uninsured vehicle negligently hits the Uber vehicle causing damages, then both Uber driver and passenger may recover under the Uber Uninsured coverage policy (UM coverage) for both personal injuries and the property damage.

    Now what if the Uber driver was using the vehicle not for ride share purposes but for personal use? The Uber policy will not be effective as the policy only provides coverage while the Uber driver is using the vehicle for Uber drive purposes and does not cover any accidents occurring when the vehicle is being used for personal use.

    Thus, when an Uber driver is injured in an accident during personal use, their personal insurance policy will control, not Uber. Additionally, if the uber driver injures another while using the vehicle for personal use, the personal auto policy will be used to pay any resulting damages or injuries. Always discuss with an attorney if there is a question as to when an uber driver is using their vehicle for personal vs work and which insurance policy controls. It is also important to have the attorney review the terms of the personal insurance policy, as sometimes there are no restrictions for ride-share purposes and therefore that policy may cover accidents during both personal and during ride shares.

    Thus, whether you are an Uber driver or passenger injured in an auto accident with an at-fault party, you must first call the police to write a police report and always gather the following: (1) names and contact information for all driver’s/vehicles involved in the accident,(2) insurance policy for the at-fault driver, (3) Uber insurance policy, (4) Uber driver’s personal insurance policy, (5) all vehicle license plates, (6) pictures of all vehicles including their license plate, (7) pictures from the scene of the accident, (8) pictures of all bodily injuries including abrasions and more, (9) pictures of all property damage, (10) names and contacts for any witnesses, (11) any ambulance bill, hospital records, hospital bills, physicians bills, police reports, and any other treatment. In certain situations and with the right attorney, it is possible to recover from all three insurance plans: the Uber policy, Uber driver’s personal policy, and the at-fault driver’s policy. Therefore, do not hesitate to contact a qualified personal injury attorney to pursue your right to recover maximum compensation including medical expenses, future medical expenses, lost wages, physical pain, mental anguish, and more! It is crucial to have an attorney fight on your behalf against the insurance companies for your fair and just damages.

    About the Author: Mala Sharma has been practicing family law and personal injury with her family at the Law Offices of Sharma & Associates, founded in 1997. Mala has been appointed leadership roles for the American Bar Association GP Solo and GP Solo YLD division, is Board member of the Houston Trial Lawyers Association, Past President of the Houston Northwest Bar Association, and prior board member of the South Asian Bar Association. She is also a member of the Houston Bar Association. Mala Sharma has been selected to the 2019 Texas Rising Stars by Super Lawyers. Mala has also been selected as 10 Best Attorneys by the American Institute of Personal Injury Attorney for 2018-2019, Top 40 Under 40 by the National Trial Lawyers for 2018-2019, and Texas Top 10 Personal Injury Attorney by Attorney and Practice Magazine for 2019.

  • Injured on the Job and Wondering How to Recover All Damages?

    Injured on the Job and Wondering How to Recover All Damages?

    BY MALA SHARMA

    If you or someone you know has been injured while working, it is important to act immediately in order to properly recover all damages, including economic expenses, mental anguish, physical pain, loss of income, and more. Having the proper information and support from a qualified attorney will help you fight stubborn insurance companies and defendants who try everything in their will to avoid paying you a just compensation owed.

    The first question is to find out, from the Texas Department of Insurance, if the employer company has worker’s compensation which provides payment to injured employees from accidents on the job even if they are the reason for the accident. If so, the injured employee may file a workers compensation claim. However, Texas does not require all companies to have worker’s compensation and some companies may choose private insurance coverage or may have a self-funded insurance plan. In these situations, the injured employee would have to file a claim through the employer’s relevant policy. On the other hand, some companies do not even carry any insurance coverage. As such, claims would need to be directly against the employer.

    Often, finding the correct defendant name and service address is not easy and more research would need to be done to pursue a civil judgment against the proper defendant, for all economic and non-economic damages incurred.

    When a company does not have worker’s compensation, an employee need only prove 1% negligence against the employer to recover all damages, including any and all ambulance expense, hospital bill, emergency physician’s fee, therapy, MRI’s, orthopedic bills, neurology bills, counseling, prescription, lost wages, mental anguish, and physical pain. Mental anguish and physical pain, also known as ‘pain and suffering’, is difficult to prove. Mental anguish and physical pain claims from a work injury accident include difficulty with daily activities, continuous treatment, anxiety, depression, permanent disability or disfigurement, and the loss of enjoyment of life. There is no formula specified how to compute mental anguish and physical pain and insurance companies are not required to offer mental anguish and physical pain payments without a jury but most often multiply economic damages to quantify the amount. Although mental anguish claims are not adequately calculated by the insurance, a qualified attorney will fight to have all damages valued for full and just compensation deserved by forcing the insurance company to pay the full value now or be exposed to potentially much higher award at trial! It is important to have an attorney by your side with insight and experience needed to confidently move your case forward, help you understand all your rights available when hurt on the job, and to collect your fair compensation.

    About the Author: Mala Sharma has been practicing family law and personal injury with her family at the Law Offices of Sharma & Associates, founded in 1997. Mala is chair of the American Bar Association GP Solo and GP Solo YLD division, Board member of the Houston Trial Lawyers Association, President Emeritus of the Houston Northwest Bar Association, and prior board member of the South Asian Bar Association. She is also a member of the Houston Bar Association. Mala has also been selected as 10 Best Attorneys by the American Institute of Personal Injury Attorneys, Top 40 Under 40 by the National Trial Lawyers, and also selected Texas Rising Star by Super Lawyers.

    This material is available for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. If you require advice or assistance, you may contact her at office number 281-893-8644 or by email at mala@sharmalaws.net to schedule a free consultation to discuss your case.

  • Modifications to a Divorce Decree

    Modifications to a Divorce Decree

    BY MALA SHARMA

    Either party in a divorce decree may seek to change child support or custody in a prior decree. The requirement to modify a decree is to show a material, substantial, and continuing change of circumstances. The burden to prove this test is upon the person who desires to change the decree. Circumstances that would necessitate a modification include moving to another state, significant changes in income, and problems relating to the care of the children. Modifications of final decrees of divorce are not simple and may become very difficult challenges to accomplish. It is best to have child support and custody confirmed in the final decree from the beginning. However, although more difficult to change after, it is a challenge to pursue. It is highly recommended to hire a qualified attorney to handle the modification of the decree.

    Custody terms are binding, yes, but it is still possible to petition for a change of the final decree of divorce. In many states and in Texas, this is considered a “modification” of the final decree of divorce. The determining factor that must be proven by the challenging party or the “movant” is a ‘material and substantial change’ in circumstances since the date of the prior order. Even if there is a change in income or other circumstance which is grounds for modifying a petition, a Court will not order the change unless there is a showing of a substantial or significant change in circumstances. Usually, this is to not allow a repetition of the first trial or to subject all parties to the Court system once again. States generally require six months after the decree is signed by the judge before a party may petition for a modification of the decree. Even more so, some Courts make the burden of proof on the movant much higher if the petition is filed within only one year of the prior decree.

    Once the petition is filed, the movant’s behavior as a parent is extremely crucial to winning this fight and is under scrutiny. The movant must strive to be the best parent which includes: taking much interest and being active in the child(ren’s) school activities, school projects, after-school activities, sports, family and friend activities, supportive and thoughtful of college goals and other future goals, being on time with any child support payments, not missing any designated custody and visitation periods, getting the child(ren) to school and other activities on time, etc. All such efforts should be heavily documented through pictures, written records, and witnesses. This model behavior is critical in order to increase the possibility of achieving the modification. A Court will use this behavior to make a determination of the modification. Additionally, if the movant does not use this model behavior as solid proof for the Court, the other parent will use any other behavior to prove their argument against you. Thus, if the movant does not strive to carry this model behavior, it will damage the efforts. It is critical to continue to have model behavior and document every step. It is best to seek a qualified attorney to handle modifications of divorce decrees.

    About the Author: Mala Sharma has been practicing family law and personal injury with her family at the Law Offices of Sharma & Associates, founded in 1997. Mala is Board member of the Houston Trial Lawyers Association, chair of the American Bar Association GP Solo and GP Solo YLD division, President Emeritus of the Houston Northwest Bar Association, and prior board member of the South Asian Bar Association. She is also a member of the Houston Bar Association. Mala has also been selected as 10 Best Attorneys by the American Institute of Personal Injury Attorneys, Top 40 Under 40 by the National Trial Lawyers, and also selected Texas Rising Star by Super Lawyers.

    This material is available for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. If you require advice or assistance, you may contact her at office number 281-893-8644 or by email at mala@sharmalaws.net to schedule a free consultation to discuss your case.

  • Why You Need Uninsured (UM)/Underinsured Motorist (UIM) Insurance to Protect Yourself

    Why You Need Uninsured (UM)/Underinsured Motorist (UIM) Insurance to Protect Yourself

    BY MALA SHARMA

    There are many types of auto insurance from minimal to full coverage, to protect your damages. Most states, like Texas, require car owners to carry liability insurance or the minimum car insurance. With liability insurance, recovering all damages caused by a driver who is at fault will depend on how much their liability insurance policy is. This minimum amount of coverage does vary by policy and, unfortunately, in catastrophic auto accidents, liability insurance is not enough to compensate for more serious injuries including brain damage or spinal damage. In such situations, a person injured from an at-fault driver may recover the remaining damages or all damages through their own insurance if they have uninsured and underinsured or full coverage.

    Uninsured motorist (UM) coverage protects those hit by an at-fault driver who does not have liability insurance and therefore unable to pay any damages they have caused in an auto accident. If the negligent driver who caused the accident is affluent and does not have insurance, you may sue this person to recover all damages. Most often however, uninsured drivers do not have significant assets in which you may attempt to recover from. On the other hand, many motorists carry minimal policy limits which do not cover all damages and leave you with outstanding bills to pay. Thus, underinsured motorist coverage (UIM), protects those involved in an accident with an at-fault driver whose insurance coverage does not cover all damages and/or medical expenses. In this scenario, after the minimal policy for the at-fault driver has been exhausted, your underinsured motorist coverage will step in to pay all outstanding bills and other damages.

    Although car owners are required by law to carry the minimum car insurance policy or liability insurance, it is highly recommended to get full coverage insurance including UM/UIM insurance.

    The minimum insurance coverage or liability insurance only covers damages to another vehicle if you are found at fault for the accident. However, if you are hit by a reckless, negligent driver who has no insurance or not enough insurance to cover all your property damage and bodily injury damages, you would only be able to recover these expenses through your own insurance if you have UM/UIM coverage.

    There have been too many accidents where the no-fault driver ends up with many medical bills and expenses and unable to pay these damages because they do not have full coverage on their auto insurance policy and the at-fault driver does not have insurance either.

    Full coverage policies also include Personal Injury Protection (PIP) which, depending on how much the policy offers, allows you to recover your medical expenses no matter who is at fault for the accident. It is in your best interest to protect yourself with full coverage auto insurance policy so you are not left with outstanding medical bills or other damages caused by a negligent driver.

    About the Author: Mala Sharma has been practicing family law and personal injury with her family at the Law Offices of Sharma & Associates, founded in 1997 with over 42 years of combined experience. Mala is a Board of Advocates for the Houston Trial Lawyers Association, Vice-Chair of the American Bar Association GP Solo YLD, member of the Houston Bar Association, President Emeritus of Houston Northwest Bar Association, and prior board member of the South Asian Bar Association.

    This material is available for informational purposes only and not for the purpose of providing legal advice. If you require advice on any particular legal question, you may contact Sharma & Associates at 281-893-8644 or by email at mala@sharmalaws.net to schedule a free consultation to discuss your case.

  • Personal Injury: Effects of Social Media

    Personal Injury: Effects of Social Media

    BY MALA SHARMA

    Social media has become a major factor in determining the value of your personal injury claims! This is a result of the increasing presence of social media in everyone’s lives where sharing experiences through quick posts are simple and easy. However, revealing too much on Facebook may hurt you in the end. Anything you say or post can be twisted in an unfavorable light against you and if you have a pending personal injury claim, you essentially, undermine the value of your case.

    That is, when you have been injured in an auto accident, slip and fall, or other incident due to the negligence of a third party, your claim for bodily injuries is filed with the negligent party’s insurance company. Once filed, the at-fault party’s insurance company will assign an adjuster to handle the case and do what they do best: find any way to pay the least amount of money. They will use all tricks in the book to counter and undermine your claim. The adjuster will look at all your social media accounts to search for any post, picture, comment by you that may be interpreted adversely to your bodily injury claims.

    For instance, if your personal injury claim includes severe neck pain, traumatic brain injury, physical pain, mental anguish and loss of enjoyment in life, and the adjuster see a picture of you enjoying activities that you would not normally be able to enjoy due to the damages claimed, then this will be used against you to state you are not actually in any pain. Basically, anything posted, stated, or said that contradicts your injuries will be used against you by an insurance company to state you are not injured and therefore entitled to little to no recovery for your damages.

    There are many solutions to preventing this social media issue. First, it is advisable to delete any social media account while the claim is pending. If you cannot delete your account, set your profile to private. Although, if litigation pursues on your personal injury case, the insurance company may request a court to grant access to all your social media accounts. As such, it is advisable to not post anything about your accident, no pictures, nor any treatment, nothing relating to the insurance company, no communications with your attorney, nor any communication with others. Also, please let family and friends know to do the same. It is imperative that you contact a qualified personal injury attorney to guide you along this difficult journey and to recover the maximum amount for your damages suffered. Do not let the negligent party or the insurance company get away for the wrong they committed and not pay the complete value of your claim.

    About the Author: Mala Sharma has been practicing family law and personal injury with her family at the Law Offices of Sharma & Associates, founded in 1997. Mala has been appointed leadership roles for the American Bar Association GP Solo and GP Solo YLD division, is Board member of the Houston Trial Lawyers Association, Past President of the Houston Northwest Bar Association, and prior board member of the South Asian Bar Association. She is also a member of the Houston Bar Association.

    Mala Sharma has been selected to the 2019 Texas Rising Stars by Super Lawyers. Mala has also been selected as 10 Best Attorneys by the American Institute of Personal Injury Attorney for 2018-2019, Top 40 Under 40 by the National Trial Lawyers for 2018-2019, and Texas Top 10 Personal Injury Attorney by Attorney and Practice Magazine for 2019.

    This material is available for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. If you require advice or assistance, you may contact her at office number 281-893-8644 or by email at mala@sharmalaws.net to schedule a free consultation to discuss your case.

     

  • Personal Injury: Traumatic Brain Damage

    Personal Injury: Traumatic Brain Damage

    BY MALA SHARMA

    Automobile collisions frequently cause traumatic brain injuries (TBIs) as a result of serious head bumps or blows during the accident. TBIs may lead to long-term health concerns, permanent disability, mental impairment, and possibly death. Thus, it is imperative to understand this injury, symptoms and signs, getting treatment quickly, and knowing your rights to recover these damages, including cost of medical care, lost income, mental anguish, and physical pain. It is in your best interest to contact an experience personal injury attorney as soon as possible to help you recover the maximum compensation you are entitled.

    There are different types of brain injuries that occur during all types of auto accidents including: contusion, concussions, coup-contrecoup, and diffuse axonal injuries. Concussions occur when the brain is jolted and strikes the skull due to a forceful blow or impact on the head. Contusions are bruises on the brain, as a result from a hard impact that causes swelling and then blood clots. Coup-contrecoup results when a contusion forms on the side of impact as well as opposite.

    Diffuse axonal injuries occur when the axons in the brain tear as a result of the brain shifting inside the skull during a traumatic head injury. Symptoms of traumatic brain injuries include unending headaches, pain, nausea, dizziness, ringing in the ears, and fatigue.

    More serious side effects include seizures, loss of coordination, mood shifts, difficulty with memory, vomiting, numbness, confusion, and inability to sleep. Symptoms are not always noticeable immediately after an accident and a person does not need to lose consciousness to receive a concussion.

    Those who have suffered from a traumatic brain injury during a car or trucking accident are entitled to get all necessary treatment immediately, hold the at fault party accountable, and recover full compensation. When a brain injury claim is filed, recoverable damages include: past medical treatment, cost of future medical treatment, medical equipment expenses, rehabilitation, cost of long-term care, lost income, loss of earning capacity, loss of enjoyment of life, loss of consortium, mental anguish, physical pain and suffering, emotional distress, and more. Please contact a qualified personal injury attorney immediately after an accident to pursue your brain injury claim again. Photo credit: INCF.

    About the Author: Mala Sharma has been practicing family law and personal injury with her family at the Law Offices of Sharma & Associates, founded in 1997. Mala has been appointed leadership roles for the American Bar Association GP Solo and GP Solo YLD division, is Board member of the Houston Trial Lawyers Association, Past President of the Houston Northwest Bar Association, and prior board member of the South Asian Bar Association. She is also a member of the Houston Bar Association.

    Mala Sharma has been selected to the 2019 Texas Rising Stars by Super Lawyers. Mala has also been selected as 10 Best Attorneys by the American Institute of Personal Injury Attorney for 2018-2019, Top 40 Under 40 by the National Trial Lawyers for 2018-2019, and Texas Top 10 Personal Injury Attorney by Attorney and Practice Magazine for 2019.

    This material is available for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. If you require advice or assistance, you may contact her at office number 281-893-8644 or by email at mala@sharmalaws.net to schedule a free consultation to discuss your case.