Go Directly to Jail, Do Not Pass Go: Chutzpah: Convicted of Insurance Fraud Appeals to Avoid Going to Jail.

• Date: 14 February 2022
• Author: Zalma, Barry

Tarek Abou-Khatwa appealed his conviction of a complex, multi-year insurance fraud scheme. He previously asked the court to delay the start of his incarceration pending the outcome of that appeal. On January 31, 2022, the court denied his request, explaining that Defendant's appeal did not present a "close question" as to each count on which he was sentenced to prison.

In United States Of America v. Tarek Abou-Khatwa, Criminal No. 18-cr-67 (TSC), United States District Court, District of Columbia (February 4, 2022) Tarek's multiple appeals in an attempt to avoid was again brought to the USDC.

Defendant filed an "Emergency Motion" with the USDC stating his intent to lodge a second appeal, this time challenging the courts January 31 Order, and he requested that his self-surrender date be postponed pending the outcome of that new appeal.

Defendant's conviction is presumed valid and he bears the burden of rebutting that presumption. In his previous motion, Defendant failed to rebut that presumption because he did not present a "substantial question of law" as to each count of his conviction for which he faces imprisonment. Accordingly, the court held...