original petition tro and temporary injunction_malouf v evans et al

CAUSE NO. _____ _

DR. RICHARD MALOUF, AND

LEANNE MALOUF

Plaintiff,

V.

MARY CANDACE EVANS, LAURA C.

WILSON, BELO CORPORATION, WFAA-TV, INC., AND BYRON HARRIS

Defendants.

§ § § § § § § § § § § §

IN THE DALLAS COUNTY

COURT AT LAW NO.

OF DALLAS COUNTY, TEXAS

PLAINTIFFS' ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER, APPLICATION FOR INJUNCTIVE

RELIEF, AND REQUEST FOR DISCLOSURE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Dr. Richard Malouf ("Dr. Malouf') and Leanne Malouf ("Mrs.

Malouf')( collectively, "Plaintiffs" or "Maloufs"), Plaintiffs in the above-styled and numbered

cause, by and through their counsel Shamoun & Nonnan, LLP, complaining of Mary Candace

Evans ("Candy"), Lauren Wilson ("Wilson"), Belo Corporation ("Belo"), WF AA-TV, Inc.

("WF AA"), and Byron Harris ("Harris")( collectively, "Defendants"), Defendants in the above-

styled and numbered cause. In support of the foregoing, Plaintiffs would respectfully show the

Court the following:

I.

DISCOVERY

1. Discovery is intended to be conducted pursuant to Level 3 of Rule 190.3 of the

Texas Rules of Civil Procedure.

PLAINTIFFS' ORIGINAL PETITION , APPLICATION FOR TEMPORARY RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE 1 OF 27

II.

PARTIES

2. Plaintiff Dr. Richard Malouf, a natural person, is a private individual within the

meaning of Texas law and is a citizen of the State of Texas, and at all times relevant hereto has

resided in Dallas County, Texas.

3. Plaintiff Leanne Malouf, a natural person, is a private individual within the

meaning of Texas law and is a citizen of the State of Texas, and at all times relevant hereto has

resided in Dallas County, Texas.

4. Defendant Mary Candace Evans, a natural person, is a private individual within

the meaning of Texas law and is a citizen of the State of Texas, and resides in Dallas County,

Texas. Evans may be served with service of process at her residence located at 1 1407 W. Ricks

Circle, Dallas, Texas 75230 or anywhere she may be found.

5. Defendant Laura C. Wilson, a natural person, is a private individual within the

meaning of Texas law and is a citizen of the State of Texas, and resides in Dallas County, Texas.

Wilson may be served with service of process at her residence located at 10621 Strait Lane,

Dallas, Texas 75229 or wherever she may be found.

6. Defendant Belo Corporation is a Delaware corporation registered to conduct

business under the laws of the State of Texas, with its principal place of business in Dallas

County, Texas. Belo may be served with process by and through its registered agent, Guy H.

Kerr at 400 South Record Street, Dallas, Texas 75202 or wherever he may be found.

7. Defendant WFAA-TV, Inc. is a Delaware corporation registered to conduct

business under the laws of the State of Texas, with its principal place of business in Dallas

PLAINTIFFS' ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE 2 OF 27

County, Texas. WF AA may be served with process by and through its registered agent, Guy H.

Kerr at 400 South Record Street, Dallas, Texas 75202 or wherever he may be found.

8. Defendant Byron Harris, a natural person, is a citizen of the State of Texas, and

resides in Dallas County, Texas. Upon information and belief Harris may be served with process

at his residence located at 3701 Colgate, Dallas, Texas 75225, or at his place of employment,

WF AA, Belo, or wherever he may be found.

9. Plaintiff believes and hereby alleges that at all times mentioned herein, each of

Harris, Candy, and WF AA were the agents, representatives, employees, officers, or directors of

Belo, and acted within the scope and authority of such agency, employment, or authority and

with the knowledge, consent, approval, or ratification of Belo or other of Defendants. Unless a

particular Defendant is named, whenever this pleading references the acts of any Defendant or

Defendants, such allegations shall be deemed to mean the acts of those Defendants named in the

particular cause of action, and each of them acting individually, jointly and severally.

III.

JURISDICTION AND VENUE

I 0. Venue is proper in this County Court at Law, Dallas County, Texas under § I5.0 I7

Texas Civil Practices and Remedies Code because all of the parties worked and/or resided in

Dallas County, Texas at the time of the accrual of the cause of action. Venue is also proper in

Dallas County, Texas under Texas Civil Practices & Remedies Code § I5.0I7, because

Defendants committed libel, slander, and invasion of privacy in Dallas County, Texas, and the

choice of venue is at the Plaintiffs election.

II. This Dallas County Comi at Law has jurisdiction over the claims at issue in this

proceeding, as Plaintiff seeks to recover damages within the jurisdictional limits of the Court.


IV.

PRELIMINARY STATEMENT

12. At all times material to this lawsuit, Dr. Malouf has been a licensed doctor of

dental surgery in the State of Texas. Dr. Malouf and his wife Leanne Malouf have resided at

their home for over four (4) years, located at 1071 1 Strait Lane, Dallas, Texas 75229 (the

"Residence").

13. Defendant Candy is a consumer real estate journalist who prides herself on

intruding into the private affairs of others and publishing those matters on her websites

www.candysdirt.com ("Candy's Dirt"), www.secondshelters.com ("Second Shelters"), or

through other media outlets. 1 Candy is the owner and administrator of Candy's Dirt and Second

Shelters. Candy has a self-confessed obsession with real estate and admits to obtaining her Texas

real estate license to circumvent Texas' non-disclosure legislation.2 Candy is frequently aired

on WFAA broadcasts and referenced on WFAA's website, which contains links to Candy's Dirt

and Second Shelters. WF AA regularly broadcasts or publishes Candy's articles or infonnation.

At all relevant times, Candy was acting in her individual capacity and as an agent, employee, or

authorized representative of WF AA and/or Belo. Further, multiple bloggers and journalists, such

as E1ic Nicholson who publishes articles for the Dallas Observer, utilize Candy's unlawfully

obtained pictures and information to taint Dr. Maloufs character.

14. Defendant Belo Corporation is a diversified media company operating in various

business segments and possessing a variety of partnerships with print media businesses, such as

1 Despite President George W. Bush's attempt to keep the purchase of his Dallas residence a little known secret,

Candace Evans was the first person to broadcast to the world the exact location of President Bush's new home. See

Candy's "newgeography" webpage, wherein she boasts about breaking the story; a true and correct copy of Candy

Evans' "newgeography" webpage is attached hereto as Exhibit "A" and incorporated herein by reference.

2 Ex. "A".

PLAINTIFFS' ORIGINAL PETITION, APPLICATION FOR TEMPORARY

RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE 4 OF 27

The Dallas Morning News.3 Belo owns, operates and controls the television station WFAA-TV

Channel 8, an American Broadcasting Company ("ABC") network affiliate, and approximately

nineteen (19) other public and cable television stations. Additionally, Belo operates more than

twenty (20) websites, several interactive alliances and a broad range of internet-based products.

Belo, through its television stations (WF AA), web sites, and print media engagements is watched

or viewed throughout the Dallas/Fort Worth metroplex and throughout the State of Texas. Belo's

websites are viewed around the world.

15. Defendant WF AA-TV, Inc. is an ABC network affiliated �evision station

serving the Dallas/Fort Worth area. WFAA is Belo's flagship station and the largest ABC

affiliate not owned and operated by the ABC network. WF AA consistently airs news reports in

which Candy reports infom1ation related to real estate. In addition, WF AA owns and maintains a

website (www.wfaa.com) with links, articles and video clips containing false information about

Dr. Malouf and the Residence accessible to any person in the world. The miicles and video clips

on WF AA's website were written by Defendants Candy, Harris, or other agents, representatives,

or employees of WFAA or Belo.

16. Defendant Laura C. Wilson lives next door to the Maloufs at I 0621 Strait Lane,

Dallas, Texas 75229. Wilson covets her privacy; however, she has no problem assisting and

encouraging Candy, Harris, and WF AA to invade the privacy of the Maloufs by assisting and

encouraging Candy, Harris, and WF AA' s efforts to obtain 1m ages of the Maloufs and their

Residence.

3 Belo co-owned The Dallas Morning News unti\ 20 0 8, when it was spun off to A.H. Belo Corporation.


BACKGROUND FACTS

A. CANDY'S OBSESSION

17. After weeks upon weeks of stalking the Maloufs' home at 10711 Strait Lane,

Dallas, Texas 75229, Candy's long awaited moment arrived. On Sunday, August 19, 2012,

Candy drove to the Residence with the specific purpose of capturing pictures of the Residence

and the backyard equipment located therein.

18. At no time prior to arriving at the Residence, did Candy telephone, text, email,

Facebook message (as all of the young people like to do), or even ring the Maloufs to obtain

permission to open their gate, enter onto the grounds, or photograph the Maloufs' Residence and

the equipment located in the backyard of the Residence. Despite the ten (1 0) foot tall p1ivacy

fence (the "Privacy Fence") installed to prevent drivers by from viewing the Maloufs, Candy was

undetelTed and proceeded despite the obvious impediment that screams "DO NOT ENTER" and

"PRIVATE AREA".

19. Its doubtful Candy was trained to trespass onto other people's property at Columbia

University's Graduate School of Journalism; however, Candy stealthily slipped inside the

Residence gate and behind the Privacy Fence. Upon entering the grounds of the Residence,

Candy immediately commenced capturing images of the Maloufs' backyard equipment and the

Residence.4 Unsatisfied with the angle or content of the images taken from just inside the gate of

the Residence, Candy ambled her way across the property and repositioned herself to acquire

more promising photos. After Candy published the photographs taken from inside the Privacy

4 See Candy's August 20, 2012, article titled "Water Park Slides Have Arrived at the MaloL!( Manse on Strait Lane

& World Nmv Knows We are Serious About Medicaid Dental Fraud in Texas" (the "We are Serious Article"),

posted on Candy's Diti; a true and cotTect copy of which is attached hereto as Exhibit "B" and incorporated herein

by reference.

PLAINTIFFS' ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE 60F 27

Fence, Dr. Malouf infon11ed the Dallas Police Department of the criminal trespass and filed a

criminal report on August 22, 2012 (the "Police Report").5

20. The following day, Candy published an article on Candy's Dirt titled, "Water

Park Slides Have Arrived at the Malouf Manse on Strait Lane & World Now Knows We are

Serious About Medicaid Dental Fraud in Texas". The article's headline needed no interpretation,

as Candy's words were precisely calculated to leave the reader (or world) with the false

impression that Dr. Malouf was a thief, fraudster, and environmentally iiTesponsible.

21. Candy's August 19th trespassing photo adventure was not the first time she had

trespassed onto the Maloufs' property. Approximately two years earlier, the Maloufs and their

invited friends celebrated the private birthday event of their minor daughter in the front yard.

Unbeknownst to Dr. Malouf or Mrs. Malouf, Candy just "happened to be in the neighborhood".

As Candy strolled by the Residence and observed the tented celebration, she was unable to fight

the overwhelming urge to intrude upon the private gathering. Without seeking permission,

Candy entered onto the grounds of the Maloufs' Residence and made her way toward the

celebration.

22. Candy brazenly sauntered up to the tent where the Maloufs' daughter was located

and commenced an impromptu interview. Immediately upon witnessing a stranger (Candy)

under the birthday tent inteiTogating the Maloufs' daughter, a family friend intervened and

politely requested that Candy remove herself from the Residence. After speaking with his

daughter, Dr. Malouf discovered that Candy's intent was to probe into the private affairs of his

family. This initial confrontation would foreshadow the coming twelve months and Candy's

obsession.

5 A true and conect copy of the Police Report is attached hereto as Exhibit "C" and incorporated herein by

reference.

PLAINTIFFS' ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE 7 OF 27

23. Over the course of the following year, Candy habitually drove by the Residence

seeking information related to the latest goings on inside the Maloufs' gates. This type of

"journalism" more closely resembled the acts of the paparazzi than those of a self-respecting

journalist.

24. One of Candy's most recent reconnaissance missions occurred on Wednesday,

August 26, 2012, with the help of the Maloufs' neighbor, Defendant Wilson. Candy's relentless

pursuit to acquire personal information about Dr. Malouf and his Residence and to then publish

that information with false statements about Dr. Malouf had reached new lows, even for Candy.

25. Upon information and belief, approximately one (1) week after Candy trespassed

upon the Maloufs' Residence to capture photographs for her We are Serious Article, Candy

communicated with Wilson regarding the ongoing construction taking place at the Residence.

Upon learning of significant construction progress at the Residence, Candy could not repress her

compulsion to invade the Maloufs' privacy.

26. After Wilson informed Candy of the construction progress, Candy jumped into

her Lexus SUV and headed towards Strait Lane. Candy drove by the Residence on her way to

Wilson's home, which was conveniently adjacent to the Maloufs' Residence. Candy was unable

to examine the new construction progress from Strait Lane because the Privacy Fence impeded

her view within. Candy pulled into Wilson's driveway and entered the Wilson's home located

next door to the Residence. Determined to inspect the backyard of the Residence and undaunted

by the Police Report or Privacy Fence, Candy and Wilson devised a plan to breach the Maloufs'

privacy once again.

27. With Wilson's assistance and encouragement, Candy took the audacious steps of

crawling onto the roof of the Wilson home. Atop the Wilson roof, Candy commenced her

PLAINTIFFS' ORIGINAL PETITION , APPLICATION FOR TEMPORARY

RESTRAINfNG ORDER, AND REQUEST FOR DISCLOSURE PAGE 8 OF 27

photographic assault, seizing images of the Residence backyard, likely for use in an upcoming

publication on Candy's Dirt, or in conjunction with a WF AA and Harris television broadcast.

28. Candy's continuous trespasses onto the Residence and invasions into the private

affairs of the Maloufs are fueled by Wilson, Harris, and WFAA. As part of a WFAA July 12,

2012, television broadcast, Harris, Candy, and WFAA crews loitered in front of the Residence

for hours, capturing images of the Residence and hounding Residence staff and constmction

workers in an attempt to gain information pertaining to the private affairs, seclusion, and solitude

of the Maloufs. In the WFAA July 12, 2012, television broadcast, Harris and Candy, acting in

each person's individual capacity and as an agent, authorized representative, or employee of

WFAA and/or Belo, made multiple inaccurate statements regarding modifications, floor plans,

and details of the Residence.

29. Additionally, based on infonnation and belief, Candy elicited assistance and

infonnation from the Maloufs' fanner house manager David Kinney (the "Insider") in an effmi

to obtain private images of the Maloufs fi·om within their home. Upon infonnation and belief,

Candy approached the Insider with a contemptible proposition. Candy's outrageous proposition

involved planting a wireless camera inside Mrs. Maloufs closet. Using the Insider, Candy

would be able to obtain intimate images of the otherwise unsuspecting Maloufs. Moreover, the

Insider would be able to and did provide Candy with p1ivate details related to the Maloufs and

their Residence. Upon infonnation and belief, Candy passed the leaked information about the

Maloufs to Harris and WF AA for use in future television broadcasts.

30. Candy has also unsuccessfully attempted to bribe the Maloufs' civil engineer in

exchange for information related to the Residence and the Maloufs' private and personal affairs.

Upon her bribe of the Maloufs' civil engineer rejecting Candy's bribe, Candy's relentless pursuit



continued. As a result of the Maloufs civil engineer refusing to provide Candy with private

information related to the Maloufs and their Residence, Candy approached sub-contractors and

individual construction with similar bribes. Candy's prying attempts to elicit private information

and obtain images of the Maloufs and their Residence has been highly offensive to the Maloufs,

as it would be with any reasonable person.

31. Candy's We are Serious Article and her accompanying photos, have since been

commented on by multiple individuals, evidencing the false impression inferred from the We are

Serious Article. Fmiher, other online blogs and journalists have cited to and referenced the We

are Serious Article in their own publications. Writer and online blogger Eric Nicholson did just

that in an miicle he published for The Dallas Observer.6 Additionally, Robert Wilonsky of The

Dallas Morning News published another related article on August 23, 2012, found on his blog

(http://thescoopblog.dallasnews.com).

32. Through her repeated presence on or around the Residence, articles, photos, blog

entries, radio broadcasts, and comments via Candy's Dirt, Second Shelters, and other media

outlets, Candy has engaged in a deliberate pattern of invasion of privacy, trespass, libel, and

defamation per se. Candy has purposefully disseminated significant false information about Dr.

Malouf and the Residence. Candy's paparazzi-like conduct related to the Residence of the

Maloufs seems to serve no other purpose than to invade the privacy, solitude, and seclusion of

the Malouf family. Candy's obsessive behavior is exemplified by the ten (1 0) or more articles,

radio broadcasts, and television appearances she or other individuals have published in the span

of fifty (50) days.

6 A tme and correct copy of Eric Nicholson's Dallas Observer online article is attached hereto as Exhibit "D" and

incorporated herein by reference.

PLAINTIFFS' ORIGINAL PETITION , APPLICATION FOR TEMPORARY RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE 1 0 OF 27

33. Further, the published images of the Residence and other substantive content

found on Candy's Dirt and Second Shelters have generated safety concerns for the Malouf

family, and caused injury to the Maloufs. Accordingly, the Maloufs seek nominal damages and

injunctive relief directed at preventing further harassment, invasion of privacy, and defamatory

remarks.

B. BYRON HARRIS' AND WF AA 's FALSE STATEMENTS

34. Candy's obsession and Harris/WF AA's simultaneous focus on Dr. Malouf and his

Residence is not coincidental. Over the course of the last year Candy, Harris, and WF AA have

shined a relentless spotlight upon the seclusion, solitude and private affairs of the Maloufs.

During the last twelve (12) months, Candy, Harris, WFAA, and Belo (including affiliates and

content partners of WF AA/Belo) have published over forty ( 40) articles, blog entries, radio

broadcasts and television broadcasts disseminating images and erroneous information about Dr.

Malouf and the Residence. Despite Harris, WF AA, and Candy's incessant and blinding spotlight

on the Maloufs, Dr. Malouf and Mrs. Malouf have attempted to maintain their privacy by shying

away from any and all publicity, media, or public issues.

35. In the Spring of 2011, Byron Hanis began investigating alleged Medicaid Fraud

in Texas. HarTis' investigation led to a litany of television broadcasts, a large portion of which

mentioned or referenced Dr. Malouf. As Han·is and WF AA followed up their initial broadcasts,

the scope and content of later television broadcasts eventually centered on Dr. Malouf and his

Residence. These narrowly tailored broadcasts and miicles intruded upon the Maloufs' privacy

by revealing infonnation related to their private affairs. The sharply focused broadcasts and

articles also published multiple false statements related to the Maloufs and the Residence.


36. Based on Harris' reports, Brett Shipp an employee of WF AA aired a television

report on June 26, 2012, publishing the following misleading remarks:

Shipp: " . . . [Dr. Malouf] has yet to comment on the allegations but filed for bankruptcy and is in the process o( divesting his once impressive empire."7

Shipp and WFAA's defamatory statements falsely represent to the public that Dr. Malouf

personally filed for bankruptcy and is in the midst of financial ruin. Dr. Malouf has never

personally filed for bankruptcy or been found guilty of fraud. Shipp and WFAA's false

statements that Dr. Malouf filed for bankruptcy and is in the process of dismantling his personal

estate suggest that Dr. Malouf is guilty of fraud and is therefore being financially stripped or

penalized. Such implications are simply not true.

3 7. One (1) and a half months prior to the aforementioned story, Harris aired a news

report containing false comments clearly meant to mislead the public regarding Dr. Malouf.

During the report, Harris and \VF AA flashed photos and video of Dr. Malouf and personal motor

vehicles driven by him and his wife. The news story served two purposes: (1) to generate

contempt and hatred for Dr. Malouf, and (2) to invade the Maloufs' privacy. That television story

was broadcasted on May 5, 2012, wherein Harris reported the following:

"[Dr. Maloufs] chain of dental clinics is bankrupt, but yet his $20 million house is growing . . . Richard Malouf s $11 million dollar mansion is a symbol of the wealth he built under Medicaid."8

38. In Harris and WFAA's most recent television broadcast, which aired on October

8, 2012, WF AA and Harris published video of the modified Residence, its concealed backyard

7 A true and correct transcript of the June 26, 2012, WF AA news report is attached hereto as Exhibit "E" and

incorporated herein by reference. 8 A true and correct transcript of the May 5, 2012, WFAA news report is attached hereto as Exhibit "F" and

incorporated herein by reference.


RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE 120F 27

and Dr. Malouf. As part of their efforts to acquire personal information related to the Maloufs

and the Residence, Harris, WF AA crews, and Candy lingered outside the Maloufs' Residence

waiting for the Maloufs, Resident staff members, or construction workers to exit the property.9

Once outside the Privacy Fence of the Residence, any person that may possess information about

the Maloufs or Residence would be punished by an impromptu interrogation.

39. In addition, Harris, Candy, and WFAA crews spied on the Maloufs by peering

into the Residence backyard, with the help of high-powered lenses and the Maloufs' neighbor,

Defendant Wilson. Without the assistance of Wilson, who invited WF AA, Harris, and Candy to

obtain video footage of the secluded backyard of the Residence, Harris, WF AA, and Candy

would have been unable to intrude into the seclusion and solitude of the Maloufs or publish

video footage of the purposely obscured Residence backyard. Due to the hidden nature of the

Residence backyard, WF AA has gone to the extreme lengths of utilizing its helicopter to capture

aerial video images of the backyard. Despite the Maloufs' Residence obviously lacking any

newsworthy character, WF AA utilized its helicopter and staff to invade the Maloufs' private

retreat.

40. Harris and WF AA published the following false statements during the WF AA

October 8, 2012, television broadcast and accompanying online article authored by HmTis on

WFAA's website, which is titled "Water Park Takes Shape in Backyard of Dentist Who Owes

Millions" (emphasis added):

TV Broadcast: "[The pool area] will use six and half million gallons of water. So much that it has its own well."

9 The October 8, 2012, WF AA and Harris broadcast can be viewed at www. wfaa.com/news/investigates/W ater

Park-Nears-Completion-While-Bills-Go-Unpaid-17318788l.html.

PLAINTIFFS' ORIGINAL PET!TlON , APPLICATION FOR TEMPORARY

RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE 130F27

Online A1iicle: "Malouf owes an Atlanta-based banking finn $3.2

million for services rendered but not paid for, according to findings by a federal court last year."10

Harris's assertion that the Maloufs' backyard pool area will use 6.5 million gallons of water is

completely false and based on pure conjecture. At no time during the television broadcast and

nowhere in the online article does either Harris or WF AA provide any information from which to

base this obscene number. Harris and WFAA misleadingly direct the public to the image of a

single small water well captured by telephoto lens while hovering above the Residence in

WF AA' s helicopter. It is more likely that Harris and WF AA obtained this false and speculative

number from Candy and her August 21, 2012 Second Shelter's blog entry/article, wherein she

eiToneously states, "[i]ts only 6.5 million gallons of water, and Texas sure has plenty of

th t . ht?"ll a . . . ng .

41. Fmiher, Harris and WFAA's statement that Dr. Malouf, individually, owes an

Atlanta-based banking finn $3.2 million dollars is a flat out lie. Contrary to false the

representation by Harris and WF AA, the Atlanta-based banking finn possesses a judgment

against the separate legal entity All Smiles Dental Centers, Inc., not Dr. Malouf. Also, the title of

the article and television broadcast is untruthful, as HaiTis and WF AA are unable to support their

factual claim that Dr. Malouf owes millions of dollars because he fails to pay his bills.

42. Hanis and WFAA's tireless harassment of the Maloufs seems to know no

boundaries. On Friday, October 12, 2012, Harris and WFAA crews stormed a Dallas County

District Courtroom with the purpose of capturing Dr. Malouf and Mrs. Malouf's image on

camera. Despite HaiTis and WF AA crews sprinting down hallways and attempting to track Dr.

10 A true and correct copy of the WFAA and Han·is October 8, 2012, online article "Water Park Takes Shape in Backyard of Dentist Who Owes Millions", is attached hereto as Exhibit "G" and incorporated herein by reference. 11

A true and correct copy of the Second Shelter's blog entry/article, dated August 21, 2012, is attached hereto as

Exhibit "H" and incorporated herein by reference.



Malouf and his wife around the Dallas County courthouse, Harris and WFAA's paparazzi-like

actions yielded no usable footage. Harris and WFAA's interruption of a confidential, sensitive

and private civil hearing pertaining to the Maloufs' son was admittedly of no public concern or

newsworthy. Despite the private nature of the civil hearing, Harris confronted the Maloufs'

counsel and became agitated and hostile when he realized his attempts to capture the images of

the Maloufs had failed. Harris and WFAA's disregard for the sensitive nature of the civil

hearing which dealt with the Maloufs' son exemplifies the purposeful pattern of harassment and

invasion of privacy by Harris and WF AA.

43. Harris, WFAA, Belo, and Candy have continuously led a campaign intensely

focused on penetrating the Maloufs' privacy, seclusion, and solitude. Harassment and ostracism

aside, Dr. Malouf has been and continues to be the target of libel and slander purposed on

ruining his reputation. Accordingly, the Maloufs seek nominal damages and injunctive relief

directed at prohibiting Defendants from trespassing, invading the privacy of the Maloufs, and

assisting, encouraging, or pmiicipating in such tortuous conduct.

V. CAUSES OF ACTION

COUNT ONE: TRESPASS TO REAL PROPERTY

44. Plaintiffs re-allege and incorporate the facts and allegations set forth above in

Paragraphs 1 43, as if they were fully set forth at length herein.

45. Plaintiffs have continually owned the real property located at 10711 Strait Lane,

Dallas, Texas 75229, at all relevant times and have a lawful right to exclude persons from

entering onto such real property.

46. Without Plaintiffs' consent, Candy has repeatedly, physically, and intentionally,

entered onto the surface of Plaintiffs' Residence with the purpose of capturing images of

Plaintiffs' Residence or interrogating employees, family members, or guests of Plaintiffs. As


RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE 1 5 OF 27

described above, Candy unlawfully entered onto the grounds of the Residence without Plaintiffs'

consent and on one occasion confronted the Maloufs' daughter and on a second occasion took

pictures of the Residence from inside the Privacy Fence.

47. Further, upon information and belief, Candy solicited the Insider to carry out the

unlawful act of planting a wireless camera inside the Maloufs' home for the purpose of:

(1) acquiring private and intimate information or images of the Maloufs, (2) leaking said intimate

information/images to Harris and WF AA, and (3) utilizing the information/images to ostracize

the Maloufs.

48. WFAA and Belo encouraged, advised or adopted Candy's acts of physical and

non-physical trespass upon Plaintiffs' Residence, from which Harris, WFAA, and Belo sought to

benefit. WF AA and Hanis interviewed and published video and photographs obtained through

Candy's unlawful trespass upon Plaintiffs' Residence.

49. The multiple acts of trespass by Defendants Candy, WF AA, and Belo constitute

harassment and caused Plaintiffs injury. Future trespasses by Defendants Candy, WF AA and/or

Belo will cause Plaintiffs future injury. As a result of Defendants Candy, WFAA and Belo's

wrongful acts, Plaintiffs have suffered and will continue to suffer injury. Accordingly, Plaintiffs

request the recovery of the costs and expenses to counteract Defendants' unlawful acts, nominal

damages, injunctive relief because a remedy of damages is inadequate due to the multiplicity of

actions necessary to obtain redress, and costs of court.

COUNT TWO: INVASION OF PRIVACY


Paragraphs 1 - 49, as if they were fully set forth at length herein.



51. Defendants Candy, Wilson, Harris, WF AA, and Belo have repeatedly invaded

Plaintiffs' privacy by intruding on Plaintiffs' solitude, seclusion, and private affairs. Without

Plaintiffs' consent, Candy physically invaded a private celebratory event at the Residence and

subsequently pursued a personal interaction with Plaintiffs' minor daughter during said event.

Additionally, Candy trespassed on August 1 9, 20 1 2, with the intent to acquire photographs.

Candy obtained photographs of the Residence and posted them on Candy's Dirt and Second

Shelters. At no time did Candy obtain the consent of Plaintiffs to enter the Residence physically

or otherwise. Further, Candy allowed others to utilize those unlawfully obtained images.

52. Defendants committed nonphysical invasions by eavesdropping, loitering, and

spying on Plaintiffs' Residence. Based upon information and belief, Candy aided and abetted by

Wilson, and encouraged and advised by WFAA and Belo, climbed atop Wilson's roof to capture

images of the Residence backyard. Additionally, on or around October 2, 20 1 2, Wilson invited

WF AA, Han-is, and Candy to her home, which resulted in WF AA, Han-is, and Candy capturing

detailed pictures of the Maloufs' Residence. Without Wilson's assistance, WFAA and Harris

would not have been able to obtain the video footage of the Maloufs' concealed pool area.

53. Upon infonnation and belief, Candy petitioned the Insider to can-y out the

unlawful act of installing a wireless camera within the Maloufs' closet. Such a flagrant act of

invading the Maloufs' sanctity is shocking and deplorable. As described supra, Candy, Han-is,

and WF AA have committed vast amounts of time and resources into the endeavor of harassing

and intruding upon the Maloufs' privacy, solitude, and seclusion.

54. Plaintiffs' Residence includes a ten ( 1 0) foot tall privacy fence erected along the

outside boundaries of the propetiy. Plaintiffs believed the construction of the Privacy Fence

would afford them a reasonable amount of privacy. Despite Plaintiffs' erection of the Privacy

PLAINTIFFS' ORIGINAL PETITJON, APPLICATION FOR TEMPORARY

RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE 1 7 0F27

Fence (expanding their expectation of privacy), Defendants' relentless intrusions cannot be

stopped. WFAA, Harris, Candy, and Wilson have schemed to circumvent Plaintiffs' expectation

of privacy and now Plaintiffs are powerless to prevent WF AA, Harris, and Candy from utilizing

helicopters and telephoto lenses in Defendants' campaign against Dr. Malouf.

55. Moreover, Candy, Harris, Belo, WF AA and their respective media content

partners have subsequently published information obtained from Candy's intrusions via Candy's

Di1i, Second Shelters, WFAA's television broadcasts, articles found on www.wfaa.com, and

Dallas Morning News blogs. The constant harassment, stalking, intrusions and subsequent

publications by Candy, Harris, Belo, and WF AA of Plaintiffs and their Residence would be

highly objectionable or offensive to any reasonable person.

56. Plaintiffs, much like any other reasonable person, are outraged by Defendants'

extraordinary efforts of:

(A) Trespassing to confront Plaintiffs minor daughter;

(B) Climbing atop Wilson's roof to obtain photographs of the Residence;

(C) Utilizing WF AA's helicopter and telephoto lenses;

(D) Upon infom1ation and belief Candy's deplorable proposition of the Insider, civil engineer and other sub-contractors; and

(E) Harassing Interruption of the confidential civil proceedings on October 12, 2012.

Further, the publication of images and photos at the Residence generate safety concerns for

Plaintiffs.

57. As a result of Defendants' wrongful acts, Plaintiffs have suffered and will

continue to suffer injury. Specifically, Plaintiffs have suffered injury as a result of Candy, Harris,

and WFAA's incessant invasions into the seclusion and solitude of Plaintiffs, without their

consent. Accordingly, Plaintiffs request the recovery of nominal damages, injunctive relief


RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE180F27

directed at prohibiting Defendants from invading the privacy of the Maloufs, the costs and

expenses to counteract Defendants' unlawful acts and publications, and costs of court.

COUNT THREE: DEFAMATION, LIBEL, AND SLANDER

58. Plaintiff Dr. Malouf re-alleges and incorporates the facts and allegations set forth

above in Paragraphs 1 -57, as if they were fully set forth at length herein.

59. On or about August 20, 2012, Candy published the We are Serious Article

containing information which is defamatory per se of and about Dr. Malouf in that the gist of the

publication, when taken as a whole and as would have been perceived by a reasonable reader,

stated:

(A) Dr. Malouf is a criminal; and

(B) Dr. Malouf is environmentally irresponsible.

The foregoing statements are/were false. 12

60. On or about October 2, 2012, Candy posted an article on Candy's Dirt, which was

defamatory per se of and about Dr. Malouf (the "Water Games Article"). The first sentence of

the Water Games Article reads, "Byron Harris at WFAA-TV is the guy who busted Richard

Malouf." The essence of this publication, when taken as a whole and as would have been

perceived by a reasonable reader, stated:

(A) Dr. Malouf is criminal; and

(B) Dr. Malouf is environmentally i1Tesponsible.

The foregoing statement is/was false. 13

12 A true and correct copy of the publication is attached to this petition as Exhibit "B".

13 A true and correct copy of the Water Games Article is attached to this petition as Exhibit "I", and incorporated

herein by reference.



61. On or about October 8, 2012, Defendants Harris, Belo and WFAA aired a

television broadcast and published an accompanying online article which were defamatory of

and about Dr. Malouf (the "October 8, 2012 Publications"), in that the meaning of the

publications, when taken as a whole and as would have been perceived by a reasonable

listener/viewer, stated:

(A) Dr. Malouf owes millions of dollars and refuses to pay his bills; and

(D) Dr. Malouf is environmentally irresponsible.


62. On or about June 26, 2012, Defendants Belo, and WFAA disseminated a

television broadcast which was defamatory per se of and about Dr. Malouf (the "June 26, 2012

Broadcast"), in that the gist of the publication, when taken as a whole and as would have been

perceived by a reasonable listener/viewer, stated:

(A) Dr. Malouf committed a clime;

(B) Dr. Malouf, personally, filed for bankruptcy; and

(C) Dr. Malouf had his property shipped from him.


63. On or about May 5, 2012, Defendants Harris, Belo, and WFAA disseminated a

television broadcast which was defamatory per se of and about Dr. Malouf (the "May 5, 2012

Broadcast"), in that the essence of the publication, when taken as a whole and as would have

been perceived by a reasonable listener/viewer, stated:

(A) Dr. Malouf is guilty of a crime; and

(B) Dr. Malouf is the symbol of Medicaid fraud.

14 A true and conect transcript of the October 8, 2012 Broadcast, and a true and conect copy of the October 8, 2012 accompanying article are attached to this petition as Exhibit "F" and incorporated herein by reference. 15 See Exhibit "E".




64. The "gist" of Defendants Candy, Harris, WFAA, and Belo's publications,

including, but not limited to the We are Serious Article, Water Games Article, October 8, 2012

Publications, June 26, 2012 Broadcast, and May 5, 2012 Broadcast was calculated and designed

by Defendants to leave the listener, viewer, or reader with an entirely false and untrue impression

that Dr. Malouf is guilty of a crime, Dr. Malouf is environmentally irresponsible, Dr. Malouf

filed for bankruptcy, Dr. Malouf has been stripped of his property, and Dr. Malouf refuses to pay

millions of dollars in bills. These untrue statements of and about Dr. Malouf have defamed him

in, thus causing him injury, embarrassment, humiliation and other compensable damages. The

reasonable interpretations as a reasonable listener, viewer, or reader would have, on the whole,

from Defendants' false, scandalous, and defamatory statements from the We are Serious Article,

Water Games Article, October 8, 2012 Publications, June 26, 2012 Broadcast, and May 5, 2012

Broadcast, include, but are not limited to those set forth above.

65. The false information published by Defendants Belo, WF AA, Harris and Candy

as alleged in this Petition is defamatory, in that, as reasonably understood, the inf01mation

tended to harm the character and reputation of Dr. Malouf, so as to lower him in the opinion and

estimation of the community and in his profession and to deter other persons from associating or

dealing with him.

66. Defendants published the false statements to countless individuals, knowing the

statements were false, acting with reckless disregard for whether the statements were true,

intending to leave a false impression, acting with ill will, or intending to hann Dr. Malouf, his

reputation and good will. Accordingly, Defendants Candy, Harris, WFAA, and Belo's acts were

committed with actual malice.

16 See Exhibit "F".


RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE21 OF27

67. The above described statements and additional publications involved a private

matter, a private Plaintiff, and referred to Plaintiff by name. The statements were defamatory

because they unambiguously accused Plaintiff of committing a crime by innuendo or

implication.

68. As a result of the dissemination of the defamatory statements, innuendos, and

implications, Dr. Malouf has suffered nominal damages and seeks recovery of same.

COUNT FOUR: RESPONDENT SUPERIOR


Paragraphs 1-68, as if they were fully set forth at length herein.

70. Plaintiffs were injured as a result of torts committed by Defendants Candy, Harris,

and WF AA. At all relevant times, Defendants Candy, Harris, and WF AA were the authorized

agents, representatives, and or employees of one another and Belo. The torts were committed

while the tortfeasors were acting within the scope of their agency or representation. Defendants

are vicariously liable for the acts of their agents, representatives, and/or employees.

71. Alternatively, Defendants WF AA and Belo ratified the conduct of Defendants

Candy, Hanis, and WF AA and approved of the tortious conduct by word, act, or conduct after

acquiring full knowledge of the act, and their approval was given with the intention of giving

validity to Defendants' acts.

COUNT SIX: CIVIL CONSPIRACY



73. Defendants Candy, Wilson, Harris, WFAA, and Belo acted in concert and

conspired together to commit the tortious acts desctibed herein. Accordingly, these Defendants


RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE22 OF27

should be held jointly and severally liable for any damages awarded to Plaintiffs as a result of

this action.

VI.

APPLICATION FOR TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF



75. As desclibed supra, Defendant Candy, assisted by Wilson, encouraged and

adopted by Harlis, WF AA, and Belo, continually trespassed upon the Residence without

Plaintiffs' consent or permission. Candy's never-ending attempts to capture images of the

Maloufs, the Residence and backyard continue to be fueled by WF AA, Belo, Hams, Wilson, and

her desire for public attention. In addition, WF AA and Hams have used extreme measures to

capture images of the secluded Residence backyard, such as utilizing helicopters and telephoto

lenses. Defendants' incessant unsolicited invasions into Plaintiffs' Residence, their solitude,

seclusion, and plivate affairs constitute blatant harassment.

76. By way of example only, Candy's intentional acts of trespass related to the

Malouf plivate birthday celebration, the August 19, 2012, incident, and upon information and

belief, Candy's contemptible proposition of the Insider were purposed to (1) obtain plivate and

personal information about Plaintiffs, the Residence and the Malouf family, and (2) harass

Plaintiffs. Plaintiffs filed the Police Report in connection with the August 19, 2012, incident in

an effort to communicate that Defendants' actions were unlawful and should cease; however

Candy, Harlis, and WF AA continue to hound Plaintiffs and their Residence. Defendants

ceaselessly pursue the Maloufs and their property, with the intent to inflinge upon Plaintiffs'

seclusion, solitude, and plivate affairs by snapping pictures and snooping around.


RESTRAINING ORDER, AN[}REQUEST FOR DISCLOSURE PAGE23 OF27

77. As described supra, Defendants Candy, Harris, and WFAA published false

statements to the Dallas/Fort Worth community and across the world in conjunction with

photographs and infonnation acquired through Defendants' meddling actions. Moreover,

Defendants' repeated trespasses, invasions, and harassment have caused Plaintiffs injury.

Defendants' wrongful actions (trespass, invasion of privacy, and defamation) were and continue

to be made with malice and the intent to persecute Dr. Malouf and torment the Malouf family.

78. Plaintiffs have alleged causes of actions against Defendants Mary Candace Evans,

Byron Harris, Laura C. Wilson, WFAA-TV, Inc., and Belo Corporation, as indicated in this

Petition and in the attached Affidavits17, and have demonstrated a probable right of recovery and

likelihood of success on the merits, that Plaintiffs will suffer imminent, irreparable harm without

Court intervention, and that there is no adequate remedy at law.

79. Unless Defendants Mary Candace Evans, Byron Harris, WFAA-TV, Inc., Wilson

and Belo Corporation are restrained and enjoined from undertaking and maintaining the conduct

and activities desc1ibed above, Plaintiffs will continue to suffer irreparable harm, for which

Plaintiffs have no adequate remedy at law. Accordingly, Plaintiffs request that the Court

immediately and temporarily restrain Defendants Mary Candace Evans, Byron Harris, and

WFAA-TV, Inc. and all others acting in concert with them from:

(a) physically invading or entering onto the real property of Dr. Richard Malouf and Leanne Malouf, located at 10711 Strait Lane, Dallas, Texas 75229;

(b) physically interacting, confronting, touching, or approaching Dr. Richard Malouf, Leanne Malouf, daughter, guests, employees, or other individuals on the grounds of the Residence or within fifty (50) feet of the Residence; and

17 See the Affidavit of Dr. Richard Malouf; a true and conect copy of which is attached hereto as Exhibit "K", and incorporated herein by reference. See also the Affidavit of Leanne Malouf; a true and correct copy of which is

attached hereto as Exhibit "L" and incorporated herein.



(c) capturing images of the Residence, including the Residence backyard, side yard, front yard, and from within the Residence, whether digital, video, still, motion, film or otherwise.

80. In order to preserve the status quo and the rights of the Defendants Candy, Harris,

WF AA and Bela during the pendency of this action, Defendants should be cited to appear and

show cause why they should not be enjoined, during the pendency of this action, from engaging

in any of the conduct described above.

81. At this time, Plaintiffs Dr. Richard Malouf and Leanne Malouf respectfully

request the following relief:

(a) A Temporary Restraining Order be issued, restraining Defendants Mary Candace Evans, Byron Harris, WF AA-TV, Inc., and Belo Corporation and any and all others acting in concert with them from engaging in any of the conduct discussed above;

(b) A Temporary Injunction be issued, after notice to Defendants Mary Candace Evans, Byron Harris, WFAA-TV, Inc., and Bela Corporation and an evidentiary hearing, restraining Defendants Mary Candace Evans, Byron Harris, WF AA-TV, Inc., and Bela Corporation from directly or indirectly engaging in any of the actions discussed above during the pendency of this case; and

(c) After a final trial of this cause, Defendants Mary Candace Evans, Byron Harris, WF AA-TV, Inc., and Belo Corporation and any and all others acting in concert with them be pennanently enjoined from engaging in any of the conduct desc1ibed above.

VII.

REQUEST FOR DISCLOSURE

82. Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendants Mary

Candace Evans, Laura C. Wilson, WFAA-TV, Inc., Byron Hanis, and Belo Corporation are

requested to disclose, within fifty (50) days of service of this request, the information or material

described in Rule 194.2. Copies of documents and other tangible items should be served with the

response pursuant to Rule 194.4 of the Texas Rules of Civil Procedure.



VIII.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs Dr. Richard Malouf and Leanne

Malouf pray that this pleading be received and filed and that Defendants Mary Candace Evans,

Laura Wilson, Byron Hanis, WF AA-TV, Inc., and Belo Corporation be cited to appear and

answer, and that Plaintiffs be awarded the following relief:

(a) A temporary restraining order and the injunctive relief sought herein;

(b) Judgment against Defendants for nominal damages in an amount within the

jurisdictional limits of the Court;

(c) A judgment pennanently enjoining Defendants from engaging in any of the conduct

described herein;

(d) Costs of bringing this action, including all reasonable and necessary attorney's fees,

costs, fees, expenses, and costs of Court; and

(e) For such fmiher reiief, both at law and in equity, to which Plaintiff may show himself

justly entitled.

Respectfully submi.tt�� -----�- �

By: (/ �� c:____ C. GREDD YSHAMOUN State Bar No. 18089650 JOHN DAVID REED State Bar No. 24075423 SHAMOUN & NORMAN, LLP 1755 Wittington Place, Suite 200, LB 25 Dallas, Texas 75234 Telephone: (214) 987-1745 Facsimile: (214) 521-9033 ATTORNEYS FOR PLAINTIFF



CERTIFICATION

Thi s is to cert ify that, to Plainti ffs' k nowledge, Defendants Mary Candace Evans, Laura Wi l son, Byron Harris, WFAA-TV, Inc., and Belo Corporation arc not represented by counsel in this matter at the time that Plaintiffs' Original Petition, Appl i cation for Temporary Restrai n i ng Order, Appl ication for I njunctive Rel i e f and Request for Disclosure was fi led with the Court.

STATE OF TEXAS § §

COUNTY OF DALLAS §

��) JO�:

VERIFICATION

BEFORE ME, the undersigned Notary Publ ic, on this day personal ly appeared Dr. Richard Malouf, who having been by me first duly sworn according to l aw, upon his oath deposed and stated as fol lows:

My name i s Dr. Richard Malou[ I am over 1 8 y ears of age. I am of sound mind, have never been convicted of a felony, and I am ful ly competent to make this Veri fication. The statements contained in P laintiffs' Original Petition are true and correct to the best of my knowledge and belief.

FURTHER AFFIANT SA YETH NOT,

, [()/,_ (;2 SUUSCRIBED AND S WORN to before me. the undersigned notary public, on thi: �

day of October, 20 1 2 .

PLAINTIFFS' ORIGINAL PE'I n ION , APPLICATION FOR TEMPORARY

RESTRAI N I NG ORDER, AND REQUEST FOR DISCLOSURE PAOE 2 7 OF 2 7

EXH I B IT II A"

- -� � -� � - - · ---� 1 - · � · · o � � o - �r � -.; · - � - - -

September 27 201 2 L a s t Update 09127120'!2

B!og Con tact Co11\r tbuto1 s About the S1te News from Other S1tes

HOME ECONOMICS POLITICS URBAN ISSUES SMALL CITIES DEMOGRAPHICS SUBURBS CENSUS 2010 2012 BEST CITIES RANKING

CANDACE EVANS View Track

CANDY EVANS

Name: Candy Evans Real Estate Editor, AOL's HousingWatch; Founderlblogger, SecondShelters

I am an independent journalist based in Dallas, Texas, obsessed with Real Estate,

which is why I cover it for AOL's Housing Watch, one of the most comprehensive

consumer real estate sites on the web. For ten years, I covered real estate and

design for D Magazine, a regional print publication in Dallas, and developed the

city's first real estate blog in 2007: "'""·. Dal lasDirt.com. I broke countless stories for the award

winning blog, and though he tried to keep his post-White House home a secret, I was the first to

report where President George W. Bush bought in Dallas. In October, 2010, D Magazine shut

down the blog and I founded SecondShelters.com, a niche blog devoted to second and multiple

home ownership, whether vacation or investment.

I was born in Chicago, studied journalism at Columbia University's Graduate School of

Journalism (1979, I'm old) and moved to Dallas to work in TV news. I acquired my Texas real

estate license in 2009 to become a better reporter and gain access to the MLS, since Texas is a

non-disclosure state. I love urban development issues want to know everything about Real Estate!

Special areas of interest: House Porn, second homes, real estate finance, and how Gen X and Y

will buy homes.

Blog:

!lttp.!/secondshe/!ers corn Interests:

Real estate, land use, second home development, real estate investing

http.//www secondshelters com Dallas, texas

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Ge01ge W B ush Welcome Back to Dallas. Sort Of C a ndy Evans

http://www.newgeography .com/users/candy-evans

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EXH I B IT 11 B"

V V Ul\,..-1 .1 (.ll l\.. t...J llU"-".-:) l .l(.l V \..1 � l l l V \...-U U l l.ll\...- _l_YJ.U.lVU.l _l Y J.UJ..lo.::""'' V J. .l U '-.1 '-l..l '- ..LJU.i.l""' \.A..- ' ' V .l .lU- .l. ., V Y Y ..l. '1o.._.J..J.V Y Y • • • ..1. ._...0_ ..t._ 'J ..L. '

! Se;.1rch

Water Park Slides Have Arrived at the Malouf Manse on Strait Lane & World Now

Knows We Are Serious About Medicaid Dental Fraud in Texas :.w. :2 01 :.:?

"Texas Drills Down on Medicaid Dental Fraud" (sub.

rec.) is the headline in today's Wall Street Journal.

What do they mean by that? Why, maybe a b last from

the past biz practices of people like Richard Malouf

who is putting in a WatcrPark that one reader thinks

we ought to christen "Waterl'ik Park" over on Strait

Lane. His gates were wide open on Sunday as trucks

heaved in the equipment which is now sitting right in

the front yard of what was once 10711 Strait Lane.

That is, as you know, is the Family Sports World.

If any of you were as surprised as I was over this

Medicaid deal I mean, I know what Medicaid

reimburses physicians for medical care and it is barely

enough to cover the exam table paper in the office it

seems as though the problem stemmed from a 2007

civil lawsuit (that really started in 1993) that made the

state increase reimbursement rates for Medicaid dental

services:

"The suit, a federal class action filed by parents

in 1993 against state officials, alleged Texas

was failing in its duty to ensw·e that children on

Medicaid received proper preventative care in

dental and other areas. Eligibility fol' Children ·s

Medicaid in Texas is pegged to income. In 2007, Texas legislators agreed to settle, conceding

that there was a dwindling n umber of doctors

and dentists in the state willing to treat

http://www.candysdirt.com/20 1 2/08/20/water-park-slides-have-arrived-at-the-malouf-man... 9/28/20 1 2

w mer t"arK ;:,uaes t1ave 1-unvea al me lVIaiOUl lVIanse on ;:, trau Lane o.:, vv oriU 1" o w !'...n o w ... r age;; L. 01 '+

DM·hJJ

Tweet 2 Share

Amy Patrick, P.E. oil August �o, 2012 at 6:.-!:J pm

S(lmronc's kiddo pla�-s little league on the same leam as some other kiddo who.'.e dnddr is on Cily Council or is reeeeally high up in the City Engineer's

office . . .

Bless their next-door-neighbor's souls!

Margaret l.VIanser oil Au"ust 20, 2012 at 6:51 pm

.Just - makes - me -- uncomfortable. And I'm a Realtor and all o\·er the American dream. Are these my tax dollars going down the drain'?

http://www. candysdirt.com/2 0 1 2/08/20/water-park -slides-have-arrived -at -the-malouf-man ... 9/28/20 1 2

VY i:Her rarK ;:, uues n a v e run veu aL u1e lVlaiUUI lVtause u11 u Li aH LaHe oc vv uuu 1 � u w .l'..uu w ... r age; .J u1 -t

Tim Monnich on August 20. 2012 at T06 pm

O.s million gallons of water? Tl1is makes l -ance Armstong u:-:ing lf)O.ooo gallons/month in Austin look small.

Karen Eubank on August 21, 2 0 1 2 <It t :os am

Orothodontic Oasis'' Plaque Pia, ground'! This is going to be fun!

Ping back: A'> lical'd ( )n Jo,/if neon: Tue:.;day. o8 ·21 2012 ., q8.-:- I<U T

critic on August 2 1 , 2012 at q::-1�1 a m

The little kiddies better haw their mouth guards in place a s t hey swoosh d<nnl the gowrnment ( me the taxpayer) paid for entertainment !

Crosstown Clay on August 2 1 , 2012 at 12 ::11 pm

An}· child or pan"nt with a legitimate All-Smiles receipt �hould ret'ein" frer admission to Strait Lane·s new \NaterPik Park.

Uppercase Matt on Augmt 2:1. 2012 at S:so am

Ul!-oh! T �l'-'SUnH:" you\·t" seen tlw eriminal trespass complaint against �ou (or whoeYer took those pictures) b�· Malouf!

Debbie Hagan on August 2:1. 201� at 9:59 am

1 think being listed at m1mber 67 on the Tr>p 100 most Expensi\'e ! tomes in Dallas list in 2009, was just too much for the old boy. I t must ha,·e shook his and

.Stcphy Leanne's enormous egos to their cores.

M aybe he \\"<IS visited b\" soute Boston medium who told him he must "build a home for yourself and for the spirits of the children mu haw

broken" You must newr stop building the house. !f you continue building, \"OU will liw forewL But if vou stop, then ,·ou ,,;11 die," like Sarah \Vinehestcr.

Uppercase Matt on August 2:l. 2 0 1 2 at 1o:sH am

I !ere's the criminal trespass complaint

http: '\' wv·:.scrihd.conl .' d( )t' J n:co:�Hn- I\Ialouf-Trc.o.::p;L''

Pingback: /)enlist f(iclwrd ;\Jalnl!f. (/(('/1.-;l'd of .\Jedi!'r71d.frnud. docsn 't like it wlt!'l! real c_..;fuf(' NorJIJi'I'S come on h i:-: proper!!} ! l11c ,<..,'nl(J}J /Ho(7

http://www. candysdirt.com/20 1 2/08/20/water-park -slides-have-arrived-at -the-malouf-man . . . 9/28/20 1 2

Water rarK �uaes 1-tave AHlVea at tne lVla!UUl JVJ all:St: U l l ,:) LJ (:U l Ldllt: (X, VV U l lU l 'I U W 1'>.11U W • • • 1 at,� ..,. VI ..,.

Pingback: J<idwni :l fnf,,�l/ ( '('"" the r 'op..:: < )n .He ( 'ondy f()/' Tokinq l'ics 'l/ [ f r..;; 1\ ntcr Jlork l'nrls.1 ! C(wdt(.:; ])irt i Poll�z� Ueol F:-:totc ,'\'cws 1111d Bloq h.!J Former Pallas })irl Fdft,n· C'miil.lf 1--;"r·rm.-:::

steve stringer on August 2;;, 2012 at 2:08 am

candy. }'ou are loH·d! just read r. wilonsk-y snippet about water park. rw is cool, you are fantastic and byron harris is hadass. (wh ile we're at it,

becky oi i,·er is a pit bul l too! )

TG on Augusl :.n, 201:2. at 10:-t:z am

,Just so horridly· honidl�- exressin:-. What an embarrassment.

Pingback: :t! nndl/11 t1fil/ionnire(s!: 7'111' < ?lficiaf l,u...::f .. f\n;-( ?(Sllml1ler S1rifl1111illg Pool Roundup i ( '1111(1_1(:> ])irf I nullo..:; 1\('o[ /�stote Nell'S ond Hloq hy FOT'Il1C1' /)olfos Dil'( Editor ! 'nnrlr; Er·m1.-.:

On t h e Market. urban l iYi ng i n Dallas. Ca l ifornia. Nev\'S East Dallas M ondaY Morn i ng M illionaire Thursday Th re� H undre d . Condo l iYing nat ional news stories affecting second homes Tuesday Two Hundred. Beach H omes' cele britv real esta te. Economv. House Camh·. Realtor news e

."ni.erg in,� t

.·ea l estate markets

Real Est ate. Cetehritv Homes Real estate market news. I)allas real estate news

\ t i l ! ' (qrnwr r·d i l 1 > 1 d( n lfaq1uinc'� Oalh�">Ph·l. 1n 'dl• ' l i l < >1 1 i � • · r presidr,nt ( ;eorp,l' \\·. Bush hnught h i-' Dallas home .

. nviL,!Jh, �r ii ! \ · l (k \\ il - l i ·,_

• · \ r·n h:n •' .1

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http://www .candy sdirt.com/20 1 2/08/20/water-park-slides-have-aJTi ved -at -the-malouf-man . . . 9/28/20 1 2

EXH I B IT "C"

Dal las Pol ice Department Reports

Offense Record for Public Release

UCR CODE: 26530 AS SIGNAL: 6X I ncide nt #: 020871 4-Z

Offense Date: 8/22/201 2

OlD: MDT BEAT: 556

TCB : 1 6:41 :23 TCE : 1 6: 52: 1 1 DISPATCHED AT: 1 5: 59

REPORTING AREA: 3032 WATCH : 2

COMPLAINANT INFORMATION

NAME: MALOUF ,RICHARD HOME ADDRESS :

BUSIN ESS ADDRESS:

1 071 1 STRAIT DALLAS TX

RACE : C S EX: M AGE: 47

OFFENSE

OFFENSE DESCRIPTION: CRIMINAL TRESPASS M/0: SUSP ENTERED ONTO PROPERTY AT GATED HOME OFFENSE LOCATION : 1 0 71 1 STRAITLN APT:

DOB:

PREMISES: 50 1 - HOUSE I NVESTIGATOR ASSIGNED:

P ROPERTY ATTACK CODE: 50 1

DATES O F OCCURRENCE : 20 1 2/8/22 1 4: 1 6 • 20 1 2/8/22 1 4: 1 6

STATUS : 0 FOLLOW U P : 8

S R CODE: 5

UCR DISP: P REVIEWED BY: 57 1 22

INV. DIV. NOTI FIED:

SPECIAL REPORT:

WEATHER:

FAMI LY VIOLENC E : N GANG ACTIVITY CRIME: N

Crime classifications are based upon preliminary information supplied to the Dallas Police Department by the reporting pa rties

and the preliminary classifications may be changed at a later date based upon additional investigation. Therefore, the Dallas Police Department does not guarantee (either expressed o r implied ) the accuracy, completeness, timeliness, o r correct

sequencing of the information contained herein and the information should not be used for comparison purposes over tim e .

T h e Dallas Police Department w i l l n o t be responsible for a n y error or omission, or for the u s e of, o r the results obtained from the use of this informati o n .

Open Records requests m u s t be m a d e in writing. They may be:

1 . Hand -carried to the Records Section, Dal las Police Headquarters, 1400 S. Lamar St. , Dal las, Tx. 752 1 5 . 2. Faxed to 2 14-6 7 1 -4636 3. E-mailed to openrecordu n [email protected] .dal las.tx.us

4. Mai led by US Postage to Dallas Police Open Records, 1400 S . Lamar St., Dallas, Tx. 75215 .

02087 14-Z Page 1 of 2 on 8/23/2012 9 :46 : 1 1 AM

Dal las Pol ice Department Reports

Offe nse Record for Public Release

UCR CODE: 26530

REPO RTI N G OFFICER: 71 27

OTHER OFFICER:

NARRATIVE

AS SIGNAL: 6X

OFFICER I NFORMATION

I ncident #: 020871 4-Z Offense Date: 8/22/2012

ON LISTED DATE S N D TI M E, SUSP ENTERED PRIVATE PROPERTY T H ROUGH A CON STRUCTIO N GATE . S U S P TOOK PICTU RES OF PROPERTY A N D POSTED TH EM TO H E RW E BSITE CALLED CAN DYSDIRT . COM . SUSP DID NOT HAVE PERMISSION TO BE ON PROPERTY A N D LEFT BEFORE ROS ARRIVAL. N FI

Crime classifications are based u po n preliminary information supplied to the Dallas Police Department by the reporting parties and the prel iminary classifications may b e changed at a later date based upon additional investigation. Therefore, the Dal las

Police Department does not guarantee (either expressed or implied ) the accuracy, completeness, timeliness, or correct sequencing of the information contained herein a n d the information should not be used for compa rison purposes over tim e .

The Dallas Police Department w i l l n o t b e responsible for a n y error o r omission, or for the u s e of, o r the results obtained from the use of this information.

Open Records requests must be made in writing . They m a y be:

1. Hand -carried to the Records Sectio n , Dallas Police Headqua rters, 1400 S. Lamar St. , Dallas, Tx. 752 15 . 2 . Faxed to 2 14-67 1 -4636 3 . E-mailed to openrecordunit@ d pd .ci. dallas.tx.us

4. Mailed by US Postage to - Dallas Police Open Records, 1400 S . Lamar St. , Dallas, Tx. 75215 .

02087 14-Z Page 2 of 2 on 8/23/2012 9 :46 : 1 1 AM

EXH I B IT 11 D11

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Richard Malouf, the Dentist Accused of Millions in Medicaid Fraud, is Building a Private Water Park By Eric Nicholson Published Fri. , Jul. 13 2012 at 11:31 AM

For the past year, WFAA has been digging into Richard Malouf and All Smiles Dental and Orthodontics, the chain of pediatric clinics he owns (used to own, actually) with his wife. What the station found was what appeared to be a massive case of Medicaid fraud in which he bilked the state for unnecessary procedures.

In March, he settled with the feds to the tune of $1.2 million, only to be hit with another lawsuit, this one filed by the state, three months later.

You might be wondering what Malouf has done with all the candy Evans money. I mean besides spending it on the $1:1 million Preston Hollow estate and the private jets. Just ponder it for a second. What would a middle-aged dentist accused of massive Medicaid fraud want most in the world?

A water park, of course.

Real-estate blogger Candy Evans knows these things. She reported on it yesterdav on her blog and has the architectural drawings filed with the citv to prove it:

In 20 11, they bought 10674 Strait Lane, the house next door, as I've told you. He debated what to do with it, as any investor would. Should he remodel and flip it, after all, they got a great price. Sell it to a home builder? Ultimately, he decided to keep the home and connect the two properties, by building a bridge crossover between the two homes which you can see from the street, with a driveway jport-cochere beneath it.

Eureka! 10674 Strait Lane would be his family's own personal sports world. Just walk there over the driveway.

It'll have a sports complex complete with a basketball gym, bowling alley and rock-climbing wall, deep pool, lazy river, and 35-foot high water slides. Being built by the guys who did Hurricane Harbor. It's under construction right now. Owen Wilson was none too happy with the noise when he was crashing with his parents a few months back, Candy tells us.

http ://blogs.dal lasobserver.com/unfairpark/20 12/07 /dentist_ still_ accused_ of_ milli. php?pri . . . 9/28/2012

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All for the greater good, though, right? Surely he will give open access to all the impoverished children on whose bfte.ks teeth he paid for the extravagance. Have a shuttle that carries them straight from the clinics. Not mentioned in the plans, but why else would one want a private water park?

Showing 36 comments

Gat2keeponmovin 2 months ago

Think you can make it through writing an article without profanity or <del> tags?</del>

guest 2 months a�o i n ITPi l l " < ; a l :c>kcct H H l llH l l i n

Dude - you are a complete loser. Why don't you troll some other blog since you obviously don't have a job o r anything worthwhile

to do.

quellepotat 2 months ago

Still want to expand Medicaid'?

Fraud happens to both public and private insurers. Medicaid provides healthcare more efficiently than private insurance,

Including fraud. Someone has to steal in order to get rich off Medicaid, in contrast to all the execs who've gotten rich off private

insurance.

"Medicaid provides healthcare more efficiently than private insurance" Actually Texas Medicaid has tradtionally been a

poorly run program allowing massive fraud by orthodontists because the state Medicaid administration bureacrats allowed

ALL orthodontic charges to be re-imbursed FOR YEARS without ANY scrutiny and evidentally without "noticing" the

escalating outflow of tax payer funds for shoddy orthodonture exceeded total costs in Georgia and California combined. FYI, the state now outsources administration of many Medicaid funds to third party private insurers who are remarkably more

efficient and capable .. The NYT has an article yesterday which reveals those pushing hardest for expansion of Medicaid are

private hospitals, including NFPs (whose 1% CEOs make up to $smillion/year here-TH R). Hospitals pushed for the ACA

realizing their gravy-train was about to be de-railed in 2014-decreased Ins and Medicare re-imbursements like other

physician providers are stuck with since 1992- but could make it up with enhanced Medicaid enrollment. Those NFP

hospital system CEOs could continue to make millions and YOU can pick up the tab.(sucker)

scottindallas 2 months ilJ?.O i n rL·ph lo quc· l lep• ' ''"' '

and, all that fraud, cost a fraction of what the LIBOR scandal cost the taxpayers of this country.

Remind us what percent of the G DP is represented by the healthcare industry.

http://blogs.dallasobserver.com/unfairpark/20 1 2/07/dentist_ still_ accused_ o(_ milli. php?pri . . . 9/28/20 1 2

nearly 20%. Now here's the kicker. Medicare and Medicaid are less than 1/2 of medical payments.

Consider that private insurance doesn't do ANITHING--compared to the burden that medicare carries,

where the vast majority of our healthcare cost accrue. That's the real scandal.

� ·� Mavdog 2 months ago

Just a perfect illustration why the Obama proposal on ending the tax reductions for the wealthy are justified.

Think moving the tax rate to 39% from the current 36% would have a negative affect on this guy?

ObscJ•vist 2 months ago i n reply lo :'-laH!""

Hell yes it would have a negative effect! He might have to reduce the height of his private water slides, which would reduce the

velocity of the" trickle down".

The government can waste it a Jot more efficiently that the private sector.

The irony of using a guy accused of stealing tax dollars to justify increasing the tax dollars he stole from is lost on you right?

no, but the irony of you posting a remark that in effect says that anyone who abuses the system for financial gain deserves

to get a reduced tax liability on that income sure is fun.

bwahahahaha

Gat2keeponnunin 2 months t�go in rvpl\ tu \l < lnlog

You are impressive at missing the point.

! � Mavdog 2 months ago i 1 1 rvph ln ( :a l :! kt·\ !". l l l l i iO\ il)

apparently your "point" is that M alouf is "accused of stealing tax dollars", which BTW isn't accurate, and that my

pointing out that this doctor has is benefitting from a lowered tax levy on his amassed wealth

of supposed illgotten "tax dollars" is somehow irony.

as he didn't "steal" any money, the irony just doesn't exist.

http:/ /blogs.dallasobserver.corn/unfairpark/20 1 2/07 /dentist_ still_ accused_ of_ mil l i . php?pri... 9/28/201 2

however, you defending the current structure when confronted by the excess of this person, likely under the guise

of "fairness", is terribly ironic

What Malouf did was manipulate the system to bill the state for excessive amounts of orthodonic work that many

say wasn't needed. Of course, M alouf has settled those claims with no guilty verdict and therefore no crime, and

certainly no "stealing [of] tax dollars" exists.

M alouf is just a symbol of how inequitable the tax system has become under its current structure, where he can

amass the wealth to build a private water park off the back of public dentistry, or the hedge fund and venture

capital investor who isn't taxed at the same rates as us common people because they have "carried i nterest" rather

than having just everyday income. which in reality it is, just everyday income.

So let's hear it: is increasing the effective tax rate on a person such as Malouf the proposed 3% unfair and

inequitable? should the income from "carried interest" be taxed any different than standard income? well?

Gat2kceponruovin <! months ago in replY t" :'llanl<.!J!.

Higher taxes = more money to be ripped off.

Why does the federal government DESERVE more money?

seriously, THAT''S your response?

simple is as simple does.

You Sir are obviously correct.. .lets cut off ALL federal subsidies that could be abused. You know like

Transportation , Unemployment ,Medicare,Medicaid,Agricultural,Education ... . . . .

Another not so sharp Obama voter

cngntofo <! months ugo i n rcph lo ( �; i l co kcqH • I I i l l"' 1 1 1

He swings . . . . . he misses

The government is a crime victim here - don't you think it should just shoot the perp?

http://blogs.dallasobserver.com/unfairpark/20 1 2/07/dentist_ still_ accused_ of_ milli. php?pri. .. 9/28/20 1 2

I 'm not defending him.

I also have no problem "blaming the victim" and the Obama voters that enable it.

But if it was a defense contractor and some republicans

higher tax rates shows up as slightly higher revenue. Even under Ike's 94% tax rate, the effective rate

was only 22%

qucllcpotat 2 months a�o in rvpl\ lu �lm doL;

FYI providing and charging for unnecessary and excessive medical services to Medicaid and M edicare

patients is fraud and punishable by the (federal) DOJ.

GusMitclu�m 2 months a�o Ll!__L<J.ill_!.,L�fu£

Manipulate the system, I did that when I was six, I manipulated the checkout line at Kmart and somehow

had extra Hot Wheels

TexOHara 2 months a?,o in rc:ply l ( ) il ! uYch '"

Define "wealthy."

Gat2kct.�pomnovin 2 months ago i lLU;J.liLI • �_JQ:t}IJ; tr;I

"Everyone who makes more money than I do"

wow, that's a lot. from what you've posted my guess is about 98% of all Americans make more than you do.

pretty subjective, I'd place it at the top 2-3% of incomes.

THar 2 months ago iJJ_[Q,J-Lt.<>�\.!<�\ dn·•

http:/ /blogs.dallasobserver.corn/unfairpark/20 1 2/07 /dentist_ still_ accused_ of_ rnilli. php?pri ... 9/28/20 1 2

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stupid comment.

primi_timpano 2 months ago

Why do all these multimillionaire con men stick around to get caught, as opposed to changing their name and moving to Argentina?

gladnotsad 2 months ago in rc·piY l11 pri m i L i l l lJ><lil"

Good question. Often socio-paths operate as though they want to get caught.

GusMitchctn 2 months ago i n rl�Jlil l < 1 pri l l l i t i n JP<I I i < l

Because America i s a great place to be, especially when you are loaded

Larry 2 months ago

Belo goes after this water park, but has no problem touting the city's failed whitewater and the doomed Trinity tollway .. . . Partisan

swine.

cuomei635 2 months ago

linrurl.com /nilnzc

http:/ /blogs.dallasobserver.com/unfairpark/20 1 2/07 /dentist_ still_ accused_ of_ milli. php?pri... 9/28/20 1 2

EXH I B IT 11E11

Transcript of WFAA June 26, 2012 Broadcast

June 26, 2012 at 12:38 p.m.

http://www /wfaa. com/news/investigates/ Attoreny-General-files-lawsuits-related-to-WFAA-dental

i nvestigations-160402665.html

TEXAS ATTORNEY GEN ERAL FILES SUIT AGAINST DR. R. MALOU F - ALL SMILES DENTAL

W FAA - Byron H arris reports on charges fi led by Texas AG aga inst a m ajor fraudster in Texas

o rthodontic.

Cash for crooked teeth . Texas tax payers have paid o ut mi l l ions of dol lars. Now the Texas Attorney

Genera l wants 30 m i l l i o n of it back from a Dal las dentist. The state is su ing the dentist for fra u d . Al l of

it after a n ews aid i nvestigation . Channe l 8's B rett Shipp has the fol low up tonight.

Brett Shipp: Byron H a rris' year long i nvestigation i nto q uestionable Medica id dental payments has

exposed one of l a rgest d e nta l over b i l l ing scandals i n the nations. One of the central fig u res i n t h e

i nvestigation, Dal las dentist Richard M a l ouf, whose bi l l ing successes afforded h i m t h i s m u lti m i l l i o n

mansion, corporate jets, and n u m e ro us l uxury veh icles. N o w Attorney G eneral G reg Abbott, a nd h i s

Civil Medicaid Fraud Division have taken notice. T h e AG h a s fi led two civil lawsu its accusing M a l o uf a nd

his partners of vio lating State Medica id Laws. The court fi l ings layout the a l leged scheme. Dental c l in ics

a l legedly impro perly recruiting welfa re fam i l ies, performi ng need less o rthodontic work on the c h i ld ren,

then b i l l ing the state for m il l ions of tax payer dol lars . Ha rris' i nvestigation revea led Texas paid m o re in

Medicaid o rthodontic c la ims then the oth e r forty-nine states com bined. This past Apr i l a Congressional

Com mittee took note and a key whistle blower, Dal las O rthodontist, Christine E l l is testified about her

contin u i ng frustrations.

Christine Ell is: " I was contacted by both Texas OIG a nd the Attorney General with i n a bout a weeks

period after one of Byron H arris' sto ries ran ."

Man questioning Ms El l is : "Has the office of I nspector General at the Department of Hea lth a n d

H u m a n Services ta lk to you?"

Christine Ell is: "The Federa l?"

Man questioning Ms Ell is: "Yes."

Christine Ell is: "No."

Brett Shipp: I n addit ion to the Congressiona l Hearing several key M edicare regu lators i n the state

have announced resignations or been reassigned. In M a rch Dr. Malouf agreed to pay 1.2 m i l l ion dol lars

to Federal and State regulators i n a sett lement over questionable b i l l ing. H e has yet to com ment o n the

a l legations but fi led for Bankruptcy and is in the process of divesting his o nce i m p ressive e mpire a nd

the Attorney General spokesma n said today their i nvestigation is o ngoing. B rett Sh ipp for Chan n e l 8

News.

EXH I B IT "F"

ALL SMILES DENTAL CENTER FILES FOR

BANKRUPTCY FOLLOWING INVESTIGATION http://www. wfaa.com/news/investigates/ AI I-Smi les- Fi les-for- Bankruptcy-- 1 50243685 . html

May 5, 20 1 2

GLORIA CAMPOS (WFAA/NEWS 8): A mansion paid for in pmi by chlldren's braces, now this was taken last year, but now as a result of a News 8 investigation. The owner's chain of dental clinics is bankrupt but yet his $20 million house is growing and today it has literally doubled in size. News 8 ' s Byron Hmris has an update tonight.

BYRON HARRIS (WFAAINEWS 8): Frenos Gratis Con Medicaid reads braces with Medicaid even today All Smiles advetiises free braces with Medicaid even though the state of Texas was never supposed to routinely provide them and this All Smiles clinic in Oak Cliff remains open but for the last several months the All Smiles empire has been declining fi·om dozens of clinics to fi·om when our investigation began to a handful today. This high volume clinic on Garland Road has closed. In Chapter l l All Smiles lists $50-I 00 million in liabilities and $ 1 - 1 0 million in assets. At one point, All Smiles b illed as much for Medicaid braces as the entire State of Illinois. Its leader, the flamboyant dentist Richard Malouf, he had two corporate jets, a Bentley, a Porsche, and a chateau in Dallas ' toniest neighborhood. Richard Maloufs $ 1 1 million mansion is a symbol of the wealth

he built under Medicaid, its untouchable in this bankruptcy and its getting even bigger. On his sprawling Strait Lane propetiy, Malouf is expanding his chateau. Construction crews appear to be doubling the size of the original. Malouf still owns 28% of All Smiles. Most are owned by Valor Equity of Chicago. In March, Malouf agreed to pay the federal

government $ 1 .2 million to settle a case for the alleged fi·audulent billing of Medicaid for

over tour years. He admitted no wrong doing. Although he is listed as a creditor in the All Smiles bankruptcy, Malouf 's empire appears intact. He can smile at life. Byron Harris, Channel 8 News.

EXH I B IT 11G 11

Transcript of WFAA October 8, 2012 Broadcast

October 8, 2012 at 10:30 p.m.

http://www.wfaa.com/news/investigates/Water-Park-Nears-Com pletion-While-Bil ls-Go-U n paid-

173187881.html

Water Park Takes Shape in Backyard of Dentist Who Owes Millions

WFAA: When you th ink watersl ides you probably think H urrica ne H a rbor o r Hawaiian Fal ls not the

luxury house of a North Texas dentist u nder investigation for fraud. This p rivate water park belongs to

Texas most famous dentist Dr. Richard M a louf a nd tonight our o ngoing n ews aid i nvestigation revea ls

h is estate continues to grow. As his does h is b i l l ing p robe.

Byron Harris: The three story water p a rk is nearing com pletion even though its owner Dr. Richard

M a louf is being sued for fraud by the attorney general . Al l smi les d e ntal centers the com pa ny h e

founded a nd sti l l owns part o f decla red bankruptcy earl ier this year. But that's o n ly part o f the fin a ncial

backgro und behind Richard M a l o uf. News Channel 8 investigates.

Byron Harris: Forget Disney La nd this is Denta l Land bui lt by a dentist who made a fortune from the

Medica id dental program in one of Dal las' poshes! n eighborhoods with water sl ides and a lazy r iver. It

will use six a nd a h a lf m i l l ion gal lons of water so m uch it has its own wel l . It peaks through the trees

into neighbors' ya rds. The latest ed ifice i n the em pire of Medicaid dentist Dr. Richard Malouf. That's

h i m i n the Bentley e m e rging from behind his i ro n gates. When he spots us ta king his picture h e ca l ls

Dal las pol ice, with in seconds the pol ice a rrive tel l ing us we are just fine where we a re .

Candy: O h they a re spraying water a t us.

Byron H arris: The n his garden e r starts trying to spray us with a hose from across the street.

Candy: Tal k about wasting water !

Byron Harris: Despite h i s fortress o f assets, Ma louf won't ta l k to u s . Since last year h e h a s d o ubled

the size of his French chateau o n Stra it Lane. The new one accord ing to records filed with the city has a

bowling a l ley and a gym nasium; he has a m il l ion dol lars worth of property at the ra nch near Poss u m

Kingdom La ke. A second home larger t h a n most people's first h o m e . A n d three lots worth three

hundred fifty thousand dol la rs, property records show. But despite M a l o uf's roster of p hysica l

possessions, news aides learned he has a history of being sued for not paying his bi l ls .

Byron Harris: I n Atla nta a cou rt order says All Smi les Dental Cente rs owes a n i nvestment ba n ke r more

than 3 .2 mil l ion dol lars from when M a lo uf was CEO. In Dal las records show he had a federal tax l ien of

more than two h u n d red twenty five thousand dol lars against him in 2006 which he u ltimate ly pa id . And

in Dallas County records show construction fi rms have filed six o utsta nding l iens against his chate a u for

more than one h u nd red twelve thousand dol lars over the past three yea rs. Severa l entities have their

eyes on Malouf, first, B a n kruptcy Cou rt M a lo uf sti l l owns part of Al l Denta l Smi les Denta l Centers which

declared bankruptcy earl ier this year. Second, the Texas Atto rney General is suing M alouf for M e dicaid

fraud.

Lady speaking: . . . . The flagra ncy of the fraud that I found . . . .

A whistle blower says 90% of the c la ims Al l Smi les fi led under the Medica id O rthodontic Program were

fraudu lent, M a louf denies the charges. But a l l smiles bi l led the state more that 5.5 m il l ion dol lars for

composite fi l l i ngs in kid's teeth u nder Medicaid last year. And Malouf's ne ighbors a re watching h i m .

Byron asking Candy: Does the water park necessarily enha nce the value of the pro p e rty.

Candy: This water p a rk? Absolutely not. The neighbors a re very d istressed, because they don't want to

look at wet a nd wi ld. Even though you have got these two a nd three acre properties you can st i l l see

this thing.

Byron: The workers we have ta l ked to say they a re sti l l getting paid. Ma louf is managing this

construction h imse lf. Sti l l as the ba nkruptcy a nd fra ud cases work their way through the cou rts, t h e

doors m a y n o t have closed o n the stage o f denta l work.

Byron H arris Cha n ne l 8 News.

EXH I B IT "H"

1 of 3

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Sliders of Blue: Would You Put a Private Water Park in Your Backyard?

Is this the private Dallas water park that braces built?

And would you even consider putting in a water park in

a private home? Tc:-,:a" D r i l b ll! !Wl l 1 m l\ kd i('a i d [kn t a l

Fr: ll ld . . (sub. rec.) i s a headline in today's Wall Street

Journal. What do they mean by that? Possibly the

business practices of people like R i \' h md l\1 a l n u f 1\' h n i s

tn l t t i n .�� i n a \Y<i k r Pa r L t h ai l l llt' reader t h i 1 1 k s \l l' n u g h l

t o t 'l l l i;;lt• J J ' "\\' ; 1 1L ' r P i k F': 1 r k '" ( J\ l'l' 1 1 1 1 St ra i t La 1 w . His

gates were wide open on Sunday as trucks h eaved in the

equipment which is now �;itting right in the front yard

of what was once 10711 Strait Lane.

1 01 1 /20 1 2 2:25 PM

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is, as you know, is the Family Sports World.

any of you were a.'l surprised a.'l I was over this Medicaid deal - I mean, I know what Medicaid reimburses physicians for

'""ou''""-" care and it is barely enough to cover the exam table paper in the office - it seems as though the problem stemmed

a 2007 civil lawsuit (that really started in 1993) that made the state inct"ease reimbursement rates for Medicaid dental

"The suit, a federal class action filed by parents in 1993 against state officials, alleged Texas was failing in its

duty to ensure that children on Medicaid received proper preventative care in dental and other areas.

Eligibilih.J for Children's Medicaid in Texas is pegged to income. In 2007, Texas legislators agreed to settle,

conceding that there was a dwindling number of doctors and dentists in the state willing to treat Medicaid

patients and agreeing to increase Medicaid-reimbursement rates. A 2012 report by the House Committee on

Oversight and Govemment Reform offered case stltdies in various states of supposed Medicaid abuse; it

cited dental services in Te.xas as a particular problem area. By 2010, according to the report, Texas'

Medicaid program was spending more on braces than the other 49 state Medicaid programs

spent combined on such orthotics. "

il : d U\ I f i l l H : > l ' l i ' , l< ' i l < l ! ' l i '( i , : tnd I wonder why the ws.J doesn't mention his report. It has also, like always,

in the loss of services for kiddos who really need it: All Smiles Dental Professionals P.C., has shuttered 13

1 0/ 1 /20 1 2 2:25 PM

3 of 3

lorihodontic offices in the Dallas area because of the investigation, leaving an estimated 12,000 Medicaid-eligible patients

I . I lWit 1out care. t l jBut hey, \\ : l l l 'r- Pi k Pa r k � � ( '" I I! Look at those slides just waiting to be installed! I t :--. 1 ( '"' m i l l i" n .�< il i o n ,; of \\ all'!. l j: t nd Tc·\ : ! ' ' ll l' l ' h : J :, p k ! i !l " f t l w t 1 i� i lt" � !Be Sociable, Share!

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Since its launch in October, 2010, SecondShelters.com has established itself as the

center of the second, vacation and investment home real estate universe offering readers

House P<>m Candy, sales and insight, community comparisons, investment info, celebrity

deals, new developments, the "f' word (foreclosures), where it's hot, where it's not, and of

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10/1/20 12 2:25 PM

EXH I B IT 11 1 11

w aLer parK LaKes snape Hl oa\:Kyaru u1 ut:Hll:SL w 1 1u u w e;;s uuutuH:s 1 w taa.�,.;uut uauas - r vl l. . . 1 a�co 1 v 1 £..

D A L L A S / F O R T W O R T H I W F A A - T V

Water park takes shape in backyard of dentist who owes m i l l ions

by BYRON HAR R I S

WFAA

Posted on October 8 , 20 1 2 at 1 0 03 PM Updated Tuesday, Oct 9 at 6 1 7 PM

NEWS 8 INVESTIGATES

DALLAS - There's a different kind of skyscraper going up in one of Dallas' most

exclusive neighborhoods on Strait Lane. Mavericks superstar Dirk Nowitzki, former

Rangers ovvner Tom Hicks and even Mayor Mike Rawlings live close by.

This "skyscraper" is really a three-story water slide and lazy river in the backyard of

Texas' most famous dentist.

http://www. wfaa.com/news/investigates/Water-Park-Nears-Completion-While-Bills-Go-... 1 0/ 1 2/20 1 2

w ater parK LaKt:S suapt: HI ua�.;Ky dl u v1 ucu u :, L w uv v w c:, uutuvu;:, 1 vv 1 aa ... vu1 LJa11a;:, - � vH. . . � ub'"' ... v L ...

Dr. Richard Malouf made millions from putting braces on children under

Medicaid.

In a whistleblower lawsuit, the Texas attorney general says much of Dr. Maloufs

work was fraudulent. All Smiles Dental Clinics - which Malouf founded and still

owns part of - filed for bankruptcy earlier this year.

Work on the water park and an addition to Maloufs huge chateau on Strait Lane

continues.

A turquoise pigtail of a water slide curls over the backyard and peeks through

neighbors' trees. A five-foot wide, concrete-lined Lazy River water feature is taking

shape below.

But a News 8 investigation fi nds the Bentley-driving Malouf has a history of being

sued for failing to pay his bills.

Malouf owes an Atlanta-based banking firm $3.2 million for services rendered but

not paid for, according to findings by a federal court last year.

Dallas County records show Malouf owed the Internal Revenue Service $ 226,0 0 0

for income taxes through the mid 2000s. H e paid the tax bills shortly before h e sold

most of All Smiles to an equity firm.

But Malouf has not yet paid half a dozen firms that have worked on his mansion.

There are liens for more than $ 112,000 on his property over the past three years.

Maloufs attorneys have not responded to our attempts to contact him.

Because homesteads are shielded from seizure in Texas, wealthy homeowners often

put as much money into their homes as possible in the face of legal action like

Malouf faces.

But Dallas real estate agent Candy Evans said the water park may not

enhance the value of Maloufs property.

"Even a swimming pool now is looked at as something that will lose value. It's like a

car," Evans said. "It's going to be a huge negative for the prope1ty. The neighbors

are distressed because they don't want to look at Wet 'n Wild."

Email [email protected]

http://www. wfaa.com/news/investigates/Water-Park-Nears-Completion-While-Bills-Go-... 1 0/ 1 2/20 1 2

EXH I B IT 11J 11

i .

' I · , , �� l • i%l!l ilid � "From conceptton through ' '"'

k' I •

l__iiiE construction and beyond. " - . · ·-�� O£SIGltrt. IUtLDIT AEMODB..rt �'"""'�

Richard Malouf Really Likes Water Games, Turns Hoses On Us On Strait Lane E\;,ns on fktolwr 2. 2012

Byron Harris at WFAA-TV is the guy who

busted Richard Malouf He's got some more

info coming down the pike, and we are both

watching progress on what I have christened

"Water Pic Park", the massiw backyard priYate

water park project Malouf is building over at

10711 Strait Lane. So Friday we met in front of

the house to check progress and talk about how

the neighbors feel. ( Hint: they are not happy.)

You may recall , Malouf called the cops on me

and accused me of trespassing on his property

on August 22. I did not; was not even near

Strait Lane and can prove it. Wel l , he wasted

no time in calling the cops Friday on Byron

Harris and his camera crew - this before I got

there. Malouf drove out in his Bentley. Cops

came, said WFAA doing nothing wrong. Cops left . I arrive for the interview. You can't see much now from the front, the big

3-story tall tubes are now in the back. Oh but you can see plenty from the neighbor's yard, hint hint. We are busy talking

when we notice water being sprayed OVER the fence. From a hose - don't worry, the cameras caught the whole thing. They

told us (from behind the fence) they were watering the trees, but most of it was directed our way. It was so hot Friday, that

l i ttle shower felt good!

Can 't wait for the story to nm . See, Malouf really is trying to create Wet N Wild over there on Strait Lane even in the

streets.

Meantime, wanted you to see the new "No Trespassing" signs he has put out. They mean business, too, as I'm told orders

have been given to shut the gates immediately after they are opened. Operation protect Water Pic Park!

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10 Responses to Richard Malouf Really Likes Water Games, Turns Hoses On Us On Strait Lane

Mike on October 2, 2012 at 10:26 am

What kind of clown is this guv'l

Joanna England on October 2, 2012 at 1 o::J8 am

�praying a hose OH.'r a frnre? That's .iust tasteless.

Scott on October 2, 2 0 1 2 at 1 2 : 10 pm

F1ida!·'? Sounds like a ,·iolation of Dallas \Yatering restrictions to me.

Chuck Fleischer on October 2. 2 0 1 2 at 1 2::31 pm

You .iust got splasl1ed by a douche bag. Troublemaker. ';)

Joe on October 2. 2012 at 4:5-1 pm

You'd probabh haYe gotten a much lwtter response if Hm'd brought a ,·an ful l 2-yr-old Medicaid recipients for their appointment to get braces on

their baby teeth.

Red on October 2. 2012 at il::Jo pm

Sounds l ike \'l>n're a nosy jealous bitch as well as ,Joe and Churk and Scott and ,Joanna and Mike, all pathetic jealous srabs. R}Ton Hanis "busted"

Dr. Malouf, ll\ron didn't bust anyone. llr. Malouf issued the State of Texas an inYoice and the,· paid it, case closed. Cet a l ife �·ou pitiful wanna

lw.

Lindy on October :J. 2012 at 2 : 0 1 pm

Gee dnps RPd haw a had toothache" Perhaps he should spc a dentist.

Candy Evans on < ktnber :J. 2 0 1 2 at 1 2 : 20 am

Red · i f only he hadn't gotten m�: hair t v ct.

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original petition tro and temporary injunction_malouf v evans et al

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