Original Petition TRO and Temporary Injunction - Malouf V Evans Et Al

CAUSE NO.
DR. RICHARD MALOUF, AND

LEANNE MALOUF
Plaintif
V.
MARY CANDACE EVANS, LAURA C.
WILSON, BELO CORPORATION,
WFAA-TV, INC., AND BYRON HARRIS
Defendants.
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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 respectflly 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, i s 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 11407 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
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, offcers, 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.
JURSDICTION 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 jouralist 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. 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.
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Candy is fequently 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 P and/or Belo. Further, multiple bloggers and jouralists, such
as E1ic Nicholson who publishes articles for the Dallas Observer, utilize Candy' s unlawflly
obtained pictures and information to taint Dr. Maloufs character.
14. Defendant Belo Cororation is a diversified media company operating in various
business segments and possessing a variety of partnerships with print media businesses, such as
Despite President George W. Bush's attempt to keep the purchase of his Dallas residence a little known secret,
Candace Evans was the frst 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.
Ex. "A".
The Dallas Morning News.
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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 interet-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 affliate evision statio
serving the Dallas/Fort Worth area. WFAA is Belo's fagship station and the largest ABC
affliate not owned and operated by the ABC network. WF AA consistently airs news reports in
which Candy reports infom1ation related to real estate. 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.
Belo co-owned The Dallas Moring News unti\20 0 8, when it was spun off to A.H. Belo Corporation.
BACKGROUND FACTS
A. CANDY'S OBSESSION
17. Afer 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 fom viewing the Maloufs, Candy was
undetelTed and proceeded despite the obvious impediment that screams "DO NOT ENTER" and
"PRIVATE AREA".
19. Its doubtfl Candy was trained to trespass onto other people's property at Columbia
University's Graduate School of Jouralism; 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.
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Unsatisfed with the angle or content of the images taken fom 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 fom inside the Privacy
See Candy's August 20, 2012, article titled "Water Park Slides Have Arrived at the MaloL!( Manse on Strait Lane
d World 0vKnows 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.
RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE 60F 27
Fence, Dr. Malouf infon1 ed the Dallas Police Department of the criminal trespass and fled a
criminal report on August 22, 2012 (the "Police Report").
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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 c 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, faudster, and environmentally iiesponsible.
21. Candy's August 19
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trespassing photo adventure was not the first time she had
trespassed onto the Maloufs' property. Approximately two years earlier, the Maloufs and their
invited fiends celebrated the private birthday event of their minor daughter in the font 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 inteiogating the Maloufs' daughter, a family fiend intervened and
politely requested that Candy remove herself fom the Residence. Afer speaking with his
daughter, Dr. Malouf discovered that Candy's intent was to probe into the private affairs of his
family. This initial confontation would foreshadow the coming twelve months and Candy's
obsession.
A true and conect copy of the Police Report is attached hereto as Exhibit "C" and incorporated herein by
reference.
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
"jouralism" more closely resembled the acts of the paparazzi than those of a self-respecting
jouralist.
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 afer 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 learing of signifcant construction progress at the Residence, Candy could not repress her
compulsion to invade the Maloufs' privacy.
26. Afer Wilson infored 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
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 feled by Wilson, Harris, and WFAA. As part of a WFAA July 12,
2012, television broadcast, Harris, Candy, and WFAA crews loitered in font 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, foor 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 fom 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 unsuccessflly 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 refsing 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 jouralists 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.
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Additionally, Robert Wilonsky of The
Dallas Moring News published another related article on August 23, 2012, found on his blog
(htt://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 patter of invasion of privacy, trespass, libel, and
defamation per se. Candy has purposeflly disseminated signifcant 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 purose than to invade the privacy, solitude, and seclusion of
the Malouf family. Candy's obsessive behavior is exemplifed by the ten (1 0) or more aricles,
radio broadcasts, and television appearances she or other individuals have published in the span
of fify (50) days.
A tme and correct copy of Eric Nicholson's Dallas Observer online article is attached hereto as Exhibit "D" and
incorporated herein by reference.
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 concers for the Malouf
family, and caused injury to the Maloufs. Accordingly, the Maloufs seek nominal damages and
injunctive relief directed at preventing frther 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 affliates 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 Hanis 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 fled fr
bankruptcy and is in the process o( divesting his once impressive
empire."
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Shipp and WFAA's defamatory statements falsely represent to the public that Dr. Malouf
personally fled for bankruptcy and is in the midst of fnancial ruin. Dr. Malouf has never
personally filed for bankruptcy or been found guilty of faud. Shipp and WFAA's false
statements that Dr. Malouf fled for bankruptcy and is in the process of dismantling his personal
estate suggest that Dr. Malouf is guilty of faud 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 :20million
house is growing . . . Richard Malouf s $11 million dollar mansion is a
symbol of the wealth he built under Medicaid."
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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
` A true and correct transcript of the June 26, 2012, WF AA news report is attached hereto as Exhibit "E" and
A true and correct transcript of the May 5, 2012, WFAA news report is attached hereto as Exhibit "F" and
RESTRAINING ORDER, AND REQUEST FOR DISCLOSURE PAGE120F 27
and Dr. Malouf. As part of their efforts to acquire personal inforation related to the Maloufs
and the Residence, Harris, WF P crews, and Candy lingered outside the Maloufs' Residence
waiting for the Maloufs, Resident staff members, or construction workers to exit the property.
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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 Backard of IcnltSl Ho BcS
^tdtonS (emphasis added):
TV Broadcast: "[The pool area] will use six and half million gallons of
water. So much that it has its own well."
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 PAGE130F27
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."
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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 fom 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 fom 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 untruthfl, as Haiis 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. Maloufs image on
camera. Despite Haiis and WF AA crews sprinting down hallways and attempting to track Dr.
l0
A true and correct copy of the WFAA and Hanis 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.
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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.
RSTRAINING ORDER, AND RQUEST FOR DISCLOSURE PAGE 14 OF 27
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 confdential, sensitive
and private civil hearing pertaining to the Maloufs' son was admittedly of no public concer or
newsworthy. Despite the private nature of the civil hearing, Harris confonted 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 patter 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 flly 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 lawfl 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
described above, Candy unlawflly entered onto the grounds of the Residence without Plaintiffs'
consent and on one occasion confonted the Maloufs' daughter and on a second occasion took
pictures of the Residence fom inside the Privacy Fence.
47. Further, upon information and belief, Candy solicited the Insider to carry out the
unlawfl act of planting a wireless camera inside the Maloufs' home for the purpose of:
(1) acquiring private and intimate inforation 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, fom which Haris, WFAA, and Belo sought to
beneft. WF AA and Hanis interviewed and published video and photographs obtained through
Candy's unlawfl 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 fture injury. As a result of Defendants Candy, WFAA and Belo's
wrongfl acts, Plaintiffs have suffered and will continue to suffer injury. Accordingly, Plaintiffs
request the recovery of the costs and expenses to counteract Defendants' unlawfl 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 flly 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, 201 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 unlawflly 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, 201 2, Wilson invited
WF AA, Han-is, and Candy to her home, which resulted in WF AA, Hanis, 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 cany out the
unlawful act of installing a wireless camera within the Maloufs' closet. Such a fagrant act of
invading the Maloufs' sanctity is shocking and deplorable. As described Su, Candy, Hanis,
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 17 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 confdential civil proceedings on October 12, 2012.
Further, the publication of images and photos at the Residence generate safety concers for
Plaintiffs.
57. As a result of Defendants' wrongful acts, Plaintiffs have suffered and will
continue to suffer inury. 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 fom invading the privacy of the Maloufs, the costs and
expenses to counteract Defendants' unlawfl 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.
1
2
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.
1
3
1
2
A true and correct copy of the publication is attached to this petition as Exhibit "B".
A true and correct copy of the Water Games Article is attached to this petition as Exhibit `,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 refses to pay his bills; and
(D) Dr. Malouf is environmentally irresponsible.
1
4
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, fled 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 faud.
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.
See Exhibit "E".
Ib
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
fled for bankruptcy, Dr. Malouf has been stripped of his property, and Dr. Malouf refses 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 interretations as a reasonable listener, viewer, or reader would have, on the whole,
from Defendants' false, scandalous, and defamatory statements fom 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 fom 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.
JU
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 flly 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. Alteratively, Defendants WF AA and Belo ratifed the conduct of Defendants
Candy, Hanis, and WF AA and approved of the tortious conduct by word, act, or conduct afer
acquiring fll knowledge of the act, and their approval was given with the intention of giving
validity to Defendants' acts.
COUNT SIX: CIVIL CONSPIRCY
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 Suru, 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 feled by WF AAq 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 purosed 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 unlawfl 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 Suru, 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' wrongfl 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 Affdavits
17
, 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 fom 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 fom:
(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 ffy (50) feet of the Residence; and
See the Affdavit 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 Afidavit 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,
font yard, and fom 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, fom engaging
in any of the conduct described above.
81. At this time, Plaintiffs Dr. Richard Malouf and Leanne Malouf respectflly
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 fom 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 Cororation and an evidentiary
hearing, restraining Defendants Mary Candace Evans, Byron Harris, WF AA-TV,
Inc., and Bela Corporation fom directly or indirectly engaging in any of the
actions discussed above during the pendency of this case; and
(c) Afer a fnal 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 penanently 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.
PLAINTIFFS' ORIGINAL PETITION, APPLICATION FOR TEMPORRY
VIII.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs Dr. Richard Malouf and Leanne
Malouf pray that this pleading be received and fled and that Defendants Mary Candace Evans,
Laura Wilson, Byron Hanis, WF AA-TV, Inc., and Belo Cororation 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 attorey's fees,
costs, fees, expenses, and costs of Court; and
(e) For such fiher reiief, both at law and in equity, to which Plaintiff may show himself
justly entitled.
Respectflly submitt

By:
C. GRED MOU
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
LH1LA1lP
Thi s is to cert i fy that, to Plainti ffs' knowledge, Defendants Mary Candace Evans, Laura
Wi l son, Byron Harris, WFAA-TV, I nc. , and Belo Corporation arc not represented by counsel i n
this matter at the time that Pl ai nti ffs' Original Petition, Appl i cation for Temporary Restrai ni ng
Order, Appl i cation for I njunctive Rel i ef and Request for Di scl osure was fi l ed with the Court.
STATE OF TEXAS
`
`
COUNTY OF DALLAS
`
)
JO
YHLAlP
BEFORE ME, the undersigned Notary Publ ic, on this day personal l y appeared Dr. Ri chard
Malouf, who havi ng been by me frst duly sworn accordi ng to l aw, upon hi s oath deposed and
stated as fol lows:
My name i s Dr. Ri chard Malou[ I am over 6 years 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 i n Plai nti ffs' Ori gi nal Petition are true and correct to the best of my
knowledge and belief
FURTHER AFFIANT SA YETH NOT,

SUUSCRIBED AND SWORN to before me. the undersigned notary publ i c, on thi
day of October, ZU Z.
PLAI NTFFS' ORI GI NAL PE'I |ION , APPLICATION FOR TEMPORARY
RESTRAI NI NG ORDER, AND REQUEST ||KI5ClOSK| AG|Z1|Z1
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= - == _ . - - - , _._ . ...
~}I~nL~|.. .1 . Last Update |z|z l,
HlC ICCl3Cl Co1 1\r tbuto1 s About the S1te News from Other S1 tes
HOME ECONOMICS POLITICS URBAN ISSUES SMALL CITES DEMOGRAPHICS SUBURBS CENSUS ZJ ZJZBEST CITIES RANKING
CANDACVANS
V|Ow 1|aLk
0AN0YLVAN5
Name:
Candy Evans
Real Estate Editor, AOL's HousingWatc; Founderlblogger, SecondShelters
I U an independent journalist based in Dallas, Texas, obsessed with Real Estate,
which is why I cover it for AOL's Housing Watch, one of te 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 2OO): "'"". Dal lasDi rt. com. I broke countless stories for the award
winning blog, and tough 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, 2OJO, 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 (J), I'm old) and moved to Dallas to work in Jnews. I acquired my Texas real
estate license in 2OO 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 Xand Y
will buy homes.
Blog:
!lttp. !/secondshe/!ers corn
Interests:
Real estate, land use, second home development, real estate investing
http. //www secondshel ters com
Dallas, texas
|ATL5TA0T|V|!YATNLWCLOCRAP|Y.COM
Title
Bufett f avor s Heal th I nsurance Bai lout
Census 20 I 0. A Texas F'erspective
The Rich Home on the Range
New Feudal i sm Does Home Ownershi p Have a
Future?
Are farms the Suburban Future?
Poster
Susanne
T l i mbath
Candy Evans
Candy Evans
Candy Evans
Candy Evans
Ge01ge W Bush Wel come Back to Dal l as. Sort Of Candy Evans
http: //www. newgeography.com/users/candy-evans
Replies Updated
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9/28/201 2
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OlLI I 441 1 l11\y 1 1LY % 1 1 1 Y % CL L11 JY41$L Y3411 + 1} 14## Y Y } }A ^ YY >AA* YY x+ %J t
' `Ci:icB
Water Park Slides Have Arrived at the Malouf Manse on Strait Lane World Now
Kows We Are Serious About Medicaid Dental Fraud in Texas
.. .\
"Texas Drills Down on Medicaid Dental Fraud" (sub.
rec.) is the headline i n today's Wall Street Journal.
What do they mean by that? Why, maybe a bl ast from
the past biz practices of people like Richard Malouf
who is putting in a WatcrPark that one reader thi nks
we ought to christen "Waterlik 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 i n the ofice 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 fled by parents
in !_ against state ofcials, alleged Texas
was failing in its duty to enswe that children on
Medicaid received proper preventative care in
dental and other areas. Eligibility fol' Childrens
Medicaid in Texas is pegged to income. In 2CC/,
Texas legislators agreed to settle, conceding
that there was a dwindling number of doctors
and dentists in t he 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
wmer t"arK ;uaes t1ave 1-uvea al me W1UlOUI W1UH5C on O|!UH 1UHC O voriU 1"ow !.now ... 1U_C & L1 "
W
1weel < 6are
Ay Patrick, P.E. oil August O, 2012 at 6:. pm
'+H0tuC5 kiddo ]3S l I!!l u u3yHu on !Bu S3Du |u3H 3S SCDu !huI kiddo who.e dnddr is on Cily Council or is Iuuuu3l\ high up in the City Engineer's
UHICu. . .
Bless their next-door-neighbor's souls!
Margaret lIanser oil Au"ust 20, 201 2 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 ... 9/28/201 2
Vier rarK ;uues nave runveu aL u1e lVlaiUUI lVtause LII uLi aH LaHe L YY LIL lLV I 1LV. .. 1u_C . LI "
Tim Monnich on August 20. 2012 at T06 pm
O.s million gallons of water? Tliismakes l -ance Armstong u:ing lfO.ooo gallons/month in Austin look small.
Karen Eubank on August 21, 201 2 <It t : os am
Orothodontic Oasis'' Plaque Pia, ground' This is going to be fun!
B D3CK.
. lical'd )n li]!tOu Tue:.;day. O .I 2Ol. O.
critc on August 21 , 201 2 at q::-1 am
The little kiddies better haw their mouth guards in place as t hey swoosh d<nnl the gowrment ( me the taxpayer) paid for entertainment !
Crosstown Clay on August 21 , 2012 at 12::11 pm
An} child or pan"nt with a legitimate All-Smiles receipt hould ret'ein" frer admission to Strait Lanes !CV\NaterPik Park.
Uppercase Matt on Augmt 2:1. 201 2 at S:so am
l|o|' IJSU0J 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
think being listed at m1 mber on t he Tr>p HOmost Expensi\'e ! tomes in Dallas list in 2UUQ.was just too much for the old boy. I t must ha,e shook his and
.tcphy Leanne's enormous egos to their cores.
Maybe he \o 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, \ÙU will liw forewL But if vou stop, then ,ou vvilldie," like Sarah
\Vi nehestcr.
Uppercase Matt on August 2:l. 201 2 at 1o:sH am
!ere's the criminal trespass complaint
http: `^'`.l! U. UI Gi i` ! O|O,Ò `|alou-1t-
BD3CK.
/)enlist f(iclwrd ;\Jalnl!f. ((( ' / 1-l'd of .\Jedi!'r71d.frnud. docsn 't like it uli:ii real c_..;fuf(' NorJIJi'I'S come on i:iOtI!!} ! l11c .' c tJ
http://www. candysdi rt.com/20 1 2/08/20/water-park -slides-have-arrived-at -the-malouf-man + + + 9/28/201 2
Water rarK uaes 1-tave AHlVea at tne lVla!UUl JVJall:t Ull ,LJ (l IOIIV L YY LIIL lLV IÎ3LV I o 1 "
BD3CK.
|tu|l :l fnf,,l/ ( '( '"" the | ` n l 'UnO !l 1OkInQ |'i 'l/ [f r..; \\ ntcr Jlork l'nrls.1 ! ::Ji])irt | Pollz Ueol |.|o|c,'cws 1111d Bloq h.!J Frmer lCllC:
})irl !Ji|ttlql l
steve stringer on August 2;, 2012 at 2:08 am
candy. }'ou are loHd! just read r. wilonsk snippet about water par|. I is cool, you are fantastic and byron harris i s hadass. |whil C WC
!C at it,
becky oi i,er is a pit bul l too! )
TG OH Augusl 2, 2OI ! at IO.q. !am
,Just so horridly honidl- cxrc--i v. What an embarrassment.
BD3CK.
:t! nndl/11 t1fil/ionnire(s!: 7'111'
< ?lficiaf .Olf\n;-( ?(Sllml1ler S1rifl1111illg Pool Roundup i ( '1111(1_1(: ])irf I nullo.. 1\('o[ /stote Nell'S ond Hloq lq 1l`/i(I /JolfoI
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http: //www .candy sdirt.com/20 1 2/08/20/water-park-slides-have-aJTi ved -at -the-malouf-man 9/28/201 2
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Ofense Record for Publ i c Release
UCR CODE: 26530 AS SIGNAL: 6X
I ncident #: 0Z0671 4Z
Ofense Date: 6lZZlZ01 Z
OlD: MO1
BEAT: 556
TCB: 1 6: 41 : 23 TCE: 1 6: 52: 1 1 DISPATCHED AT: 1 5: 59
REPORTI NG AREA: 3032 WATCH: 2
COMPLAINANT I NFORMATION
NAME: MALOUF, R| CHARO
HOME ADDRESS:
BUSI NESS ADDRESS:
1 071 1 S1RA|1
OALLAS1X
RACE: C SEX: M AGE: 47
OFFENSE
OFFENSE DESCRIPTI ON: CR| M| NAL1RLSPASS
MlO. SUSP LN1LRLOON1O PROPLR1YA1 GA1LO HOML
OFFENSE LOCATION: 1 071 1 S1RA|1LN
APT:
DOB:
PREMI SES: 501 - HOUSL
I NVESTIGATOR ASSI GNED:
PROPERTY ATTACK CODE: 501
DATES OF OCCURRENCE: 201 2/8/22 1 4: 1 6 201 2/8/22 1 4: 1 6
STATUS:
FOLLOWUP: 8
SR CODE: 5
UCR DI SP: P
REVIEWED BY: 571 22
INV. DIV. NOTI FI ED:
SPECIAL REPORT:
WEATHER:
FAMI LY VIOLENCE: N GANG ACTIVITY CRI ME: N
Crime classifications are based upon prel i mi nary i nformation suppl i ed to the Dal l as Police Department by the reporting parties
and the prel i mi nary classifications may be changed at a later date based upon addi ti onal i nvesti gati on. Therefore, the Dal l as
Police Department does not guarantee (either expressed or i mpl ied) the accuracy, compl eteness, timeliness, or correct
sequencing of the i nformation contained herein and the i nformation shoul d not be used for comparison purposes over ti me.
The Dal l as Police Department wi l l not be responsible for any error or omi ssi on, or for the use of, or the results obtained from
the use of this i nformati on.
Open Records requests must be made in writing. They may be:
I . Hand-carried to the Records Secti on, Dal l as Police Headquarters, I400S. Lamar St. , Dal l as, Tx. 7S2 I S.
2. Faxed to 2 I467I 4636
3. E-mailed to openrecordunit@dpd. ci . dal las. tx. us
4. Mai led by US Postage to Dal l as Pol i ce Open Records, I400S. Lamar St., Dal l as, Tx. 7S2IS.
02007I47 |QC I CI2 CO 0/23/20I29. 46. I I AM
B| |BS 0| | C6 6pB|tm6Gt H6p0|tS
Offense Record for Publ i c Release
UCR CODE: 26530
REPORTI NG OFFI CER: 71 27
OTHER OFFI CER:
NARRATIVE
AS SIGNAL: 6X
OFFI CER I NFORMATION
I ncident #: 0Z0671 4Z
Ofense Date: 6lZZlZ01Z
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Crime classifications are based upon prel i mi nary i nformation suppl i ed to the Dal l as Police Department by the reporting parties
and the prel i mi nary classifications may be changed at a later date based upon additional i nvestigation. Therefore, the Dal l as
Police Department does not guarantee (either expressed or i mpl ied) the accuracy, completeness, timeliness, or correct
sequencing of the i nformation contained herein and the i nformation shoul d not be used for comparison purposes over ti me.
The Dal l as Police Department wi l l not be responsible for any error or omi ssi on, or for the use of, or the results obtained from
the use of this i nformati on.
Open Records requests must be made i n writing. They may be:
I. Hand-carried to the Records Secti on, Dal l as Police Headquarters, I400S. Lamar St. , Dal l as, Tx. 7S2 IS.
2. Faxed to 2I4-67I 4636
3. E-mailed to openrecordunit@dpd . ci . dal l as. tx. us
4. Mai l ed by US Postage to - Dal l as Police Open Records, I400S. Lamar St. , Dal l as, Tx. 7S2IS.
02007I47 |QC 2 CI2 CO 0/23/20I2 9. 46. I I AM
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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
CandEvms
money. I mean besides spending it on the $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 2011, 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 fom 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: //bl ogs.dal l asobserver.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 b 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?
Showng @comments
Gat2eeponmovn 2 months ago
Think you can make it through writing an article without profanity or <del> tags?</del>
guest < mont hs ao | u |+| \ | \ n| 2lti ui | : \ i n
Dude - you are a complete loser. Why don't you troll some other blog since you obviously don't have a job or anything worthwhile
to do.
quelepotat 2 months ago
Still want to expand Medicaid'?
Fraud happens to both public and private insurers. Medicaid provides healthcare more effciently 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 effciently than private insurance" Actually Texas Medicaid has tradtionally been a
poorly run program allowing massive fraud by orthodontsts because the state Medicaid administration bureacrats allowed
ALL orthodontic charges to be re-imbursed FOR YEARS without ANY scrutiny and evidentally without "notcing" the
escalating outflow of tax payer funds for shoddy orthodonture exceeded total costs in Georgia and California combined. ,
the state now outsources administration of many Medicaid funds to third part private insurers who are remarkably more
eficient 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-THR). 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 ugn | | i._| |_u l | c_ '| |
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.dall asobserver.com/unfairpark/20 1 2/07/dentist_ still_ accused_ o( milli. php?pri . . . 9/28/201 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 illustraton why the Obama proposal on ending the tax reductions for the wealthy are justifed.
Think moving the tax rate to 39% from the current 36% would have a negative affect on this guy?
ObscJvist 2 months ago i nic_l\ |t .I u|,
Hell yes it would have a negative effect! He might have to reduce the height of his private water slides, which would reduce the
velocit 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 Udollars to justif 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 fnancial gain deseres
to get a reuced tax liability on that income sure is fun.
bwahahahaha
Gat2keeponnunin 2 mont h tgo in :_|\ `l l_
You are impressive at missing the point.
! Mavdog 2 months ago i 1 1 rvph |O | | 2|t | i i | : ti
apparently your "point" is that Malouf is "accused of stealing tax dollars", which BT isn't accurate, and that my
pointing out that this doctor has is benefittng 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.cor/unfairpark20 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 "fairess", 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, Malouf has settled those claims with no guilty verdict and therefore no crime, and
certainly no "stealing [of] tax dollars" exists.
Malouf 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 dentistr, 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 everday income.
So let's hear it: is increasing the efective tax rate on a person such as Malouf the proposed 3% unfair and
inequitable? should the income from "carried interest" be taxe any different than standard income? well?
LuI2KcCQOHIMOVH < months ago n |c_| t" :l anl<.
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 nrt_| | ' | | .|c_ | | i i \ I l l
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. .. 9/28/201 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 efective rate
was only 22%
qucllcpotat 2 months ao in |_|\ l u l ud_
providing and charging for unnecessary and excessive medical services to Medicaid and Medicre
patients is fraud and punishable by the (federal) DOJ.
GusMitclum 2 months ao Ll!_ L<il _!f
Manipulate the system, I did that when I was six, I manipulated the checkout line at Kmart and somehow
had extra Hot Wheels
TexOHara Z months a?o .n ic_l\| `l ol
Define "wealthy."
Gat2kct. pomnovin 2 months ago i l LU;JliLI JQt}I J;t r
"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 .____l . u
http: / /blogs.dallasobserver.cor/unfairpark/20 1 2/07 /dentist_ still_ accused_ of_ rilli. php?pri . .. 9/28/201 2
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stupid comment.
primi_tmpano 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?
guUHOUuU 2 months ago in rcpiY | _i. ni || i i:i!i
Good question. Often socio-paths operate as though they want to get caught.
GusMi tchctn 2 months ago i n rlJlil l < 1 pri l l l i t i nJ P<I I i < l
Because America i s a great place to be, especially when you are loaded
Larr 2 months ago
Belo goes after this water park, but has no problem touting the cit's failed whitewater and the doomed Trinit tollway . . . . Partsan
swine.
cuomei635 2 months ago
linrurl.com __|_zc
http:/ /blogs. dallasobserver.com/unfai rpark/20 1 2/07 /dentist_ still_ accused_ of_ milli. php?pri... 9/28/201 2
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Transcript of WFAA June 26, 2012 Broadcast
June 26, 2012 at 12:38 p. m.
http://www /wfaa. com/news/i nvestigates/ Attoreny-General-files-lawsuits-related-to-WFAA-dental
i nvestigations-160402665.html
TEXAS ATTORNEY GENERAL FI LES SUI T AGAINST DR. R. MALOUF -ALL SMI LES DENTAL
WFAA - Byron Harri s reports on charges fi l ed by Texas AG agai nst a major fraudster in Texas
orthodonti c.
Cash for crooked teeth. Texas tax payers have pai d out mi l l i ons of dol l ars. Now the Texas Attorney
General wants J0mi l l i on of it back from a Dal l as dentist. The state is sui ng the dentist for fraud. Al l of
it after a news ai d i nvestigati on. Channel 8's Brett Shi pp has the fol l ow up toni ght.
Brett Shi pp: Byron Harris' year l ong i nvestigati on i nto questi onabl e Medi caid dental payments has
exposed one of l argest dental over bi l l i ng scandal s i n the nati ons. One of the central figures i n the
i nvestigati on, Dal l as dentist Ri chard Mal ouf, whose bi l l i ng successes afforded hi m thi s multi mi l l i on
mansi on, corporate jets, and numerous l uxury vehicl es. Now Attorney General Greg Abbott, a nd hi s
Ci vi l Medicai d Fraud Di vi si on have taken noti ce. The AG has fi l ed two ci vi l l awsuits accusi ng Mal ouf a nd
hi s partners of vi ol ati ng State Medi caid Laws. The court fi l i ngs l ayout the al l eged scheme. Dental cl i nics
al l egedly i mproperly recrui ti ng wel fare fami l i es, performi ng needl ess orthodontic work on the chi l dren,
then bi l l i ng the state for mi l l i ons of tax payer dol l ars. Harris' i nvestigati on reveal ed Texas pai d more i n
Medi cai d orthodonti c cl ai ms then the other forty-ni ne states combi ned. Thi s past Apri l a Congressi onal
Committee took note and a key whi stl e bl ower, Dal l as Orthodonti st, Chri sti ne El l i s testified about her
conti nui ng frustrati ons.
Christine El l i s: " I was contacted by both Texas OI G and the Attorney General wi thi n about a weeks
peri od after one of Byron Harris' stori es ran."
Man questioni ng Ms El l i s: "Has the office of I nspector General at the Department of Heal th and
Human Services tal k to you?"
Christine El l i s: "The Federal ?"
Man questi oni ng Ms El l i s: "Yes."
Christine El l i s: "No."
Brett Shi pp: I n addi ti on to the Congressi onal Heari ng several key Medi care regul ators i n the state
have announced resignati ons or been reassigned. In March Dr. Mal ouf agreed to pay I.Z mi l l i on dol l ars
to Federal and State regul ators i n a settl ement over questi onabl e bi l l i ng. He has yet to comment on the
al legations but fi l ed for Bankruptcy and i s i n the process of di vesti ng hi s once i mpressive empi re a nd
the Attorney General spokesma n sai d today thei r i nvesti gati on is ongoi ng. Brett Shi pp for Channel 8
News.
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ALL SMILES DENTAL CENTER FILES FOR
BANKRUPTCY FOLLOWING INVESTIGATION
http://wwwwfaacom/news/investigates/ AI I
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Smi l es
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Bankruptcy
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1 50243685 html
May J, z0 z
GLORIA CAMPOS
(
WFAA/NEWS 8): A mansion paid for in pmi by chldren' s
braces, now this was taken last year, but now as a result of a News i nvestigation. The
owner' s chain of dental clinics is bankrupt but yet his jz0 million house is gowing and
today it has literally doubled i n size. News ' s Byron Hmis has an update tonight.
BYRON HARRIS
(
WFAAINEWS 8): Frenos Gratis Con Medicaid reads braces with
Medicaid even today All Smiles advetiises fee braces with Medicaid even tough the
state of Texas was never supposed to routinely provide them and this All Smiles clinic in
Oak Cl i ff remains open but for the last several months the All Smiles empire has been
declining fom dozens of clinics to fom when our investigation began to a hadful today.
This high volume clinic on Garland Road has closed. I n Chapter l l All Smiles lists jJ0-
I00 million in liabilities and j - 0 million in assets. At one point, All Smiles billed 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 j mill ion mansion is a symbol of te wealth
he built under Medicaid, its untouchable in this bankruptcy and its getting even bigger.
On his sprawling Strait Lane propetiy, Malouf is expading his chateau. Construction
crews appear to be doubling the size of the original . Malouf still owns `" of All Smiles.
Most are owned by Valor Equit of Chicago. In March, Malouf agreed to pay the federal
goverment j l .z million to settle a case for the alleged fiaudulent billing of Medicaid for
over ICu years. He admitted no wrong doing. Although he is listed as a creditor in the
All Smil es bankruptcy, Malouf ' s empire appears intact. He can smile at life. Byron
Haris, Channel News.
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Transcript of WFAA October 8, 2012 Broadcast

October 8, 2012 at 10:30 p. m.
http://www.wfaa.com/news/i nvestigates/Water-Park-Nears-Completion-Whi le-Bi l l s-Go-Unpai d-
173187881. html
Water Park Takes Shape in Backyard of Dentist Who Owes Mi l l i ons
WFAA: When you thi nk watersl i des you probabl y thi nk Hurricane Harbor or Hawai i an Fal l s not the
l uxury house of a North Texas dentist under i nvestigati on for fraud. Thi s private water park bel ongs to
Texas most famous dentist Dr. Ri chard Mal ouf and tonight our ongoi ng news ai d i nvestigati on reveal s
hi s estate conti nues to grow. As hi s does hi s bi l l i ng probe.
Byron Harris: The three story water park i s neari ng compl eti on even though i ts owner Dr. Ri chard
Mal ouf is bei ng sued for fraud by the attorney general . Al l smi l es dental centers the company h e
founded and sti l l owns part o f decl ared bankruptcy earl i er thi s year. But that's only part o f the fi nanci al
background behi nd Ri chard Mal ouf. News Channel 8 i nvestigates.
Byron Harris: Forget Di sney Land this i s Dental Land bui lt by a dentist who made a fortune from the
Medicaid dental program i n one of Dal l as' poshes! neighborhoods wi th water sl i des and a l azy ri ver. I t
wi l l use si x and a hal f mi l l i on gal l ons of water so much it has its own wel l . I t peaks through the trees
i nto nei ghbors' yards. The l atest edifice i n the empi re of Medicai d dentist Dr. Ri chard Mal ouf. That' s
hi m i n the Bentl ey emergi ng from behi nd hi s i ron gates. When he spots us taki ng hi s pi cture he cal l s
Dal l as pol i ce, withi n seconds the pol ice arrive tel l i ng us we are just fi ne where we are.
Candy: Oh they are sprayi ng water at us.
Byron Harris: Then his gardener starts tryi ng to spray us wi th a hose from across the street.
Candy: Tal k about wasti ng water !
Byron Harris: Despi te hi s fortress of assets, Mal ouf won't tal k to us . Si nce l ast year he has doubl ed
the si ze of hi s French chateau on Strait Lane. The new one accordi ng to records fil ed wi th the city has a
bowl i ng al l ey and a gymnasi um; he has a mi l l i on dol l ars worth of property at the ranch near Possum
Ki ngdom Lake. A second home l arger than most peopl e' s first home. And three lots worth three
hundred fifty thousand dol l ars, property records show. But despite Mal ouf's roster of physical
possessi ons, news ai des l earned he has a hi story of bei ng sued for not payi ng hi s bi l l s.
Byron Harris: I n Atl anta a court order says Al l Smi l es Dental Centers owes an i nvestment banker more
than J. Zmi l l i on dol l ars from when Mal ouf was CEO. In Dal l as records show he had a federal tax l i en of
more than two hundred twenty five thousand dol l ars agai nst hi m i n Z00bwhi ch he ul ti mately pai d. And
i n Dal l as County records show constructi on fi rms have fi l ed si x outstandi ng l i ens agai nst hi s chateau for
more than one hundred twel ve thousand dol l ars over the past three years. Several enti ti es have thei r
eyes on Mal ouf, first, Bankruptcy Court Mal ouf sti l l owns part of Al l Dental Smi l es Dental Centers which
decl ared bankruptcy earl i er thi s year. Second, the Texas Attorney General is sui ng Mal ouf for Medi cai d
fraud.
Lady speaking: . . . . The fl agrancy of the fraud that I found . . . .
A whi stl e bl ower says 90%of the cl ai ms Al l Smi l es fi l ed under the Medi cai d Orthodonti c Program were
fraudul ent, Malouf deni es the charges. But al l smi l es bi l l ed the state more that 5. 5mi l l i on dol l ars for
composite fi l l i ngs in ki d' s teeth under Medicai d l ast year. And Mal ouf's neighbors are watchi ng hi m.
Byron asking Candy: Does the water park necessari l y enhance the val ue of the property.
Candy: This water park? Absol utel y not. The nei ghbors are very distressed, because they don't want to
l ook at wet a nd wi l d. Even though you have got these two and three acre properti es you can sti l l see
thi s thi ng.
Byron: The workers we have tal ked to say they are sti l l getting pai d. Mal ouf i s managi ng thi s
constructi on hi mself. Sti l l as the bankruptcy and fraud cases work thei r way through the courts, the
doors may not have cl osed on the stage of dental work.
Byron Harris Channel 8 News.
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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" Dri l b l! \l I .\ G| iu G [knt al
Fr: l ll d (sub. rec.) i s a headline i n today's Wall Street
Journal. What do they mean by that? Possibly the
business practices of people like Ri \hmd .Ial nuf 1\' hn i s
jn| l \ ! i n a \Y<i kr ParL t hai ' J reader t h i 1 1 ks \\ nughl
t o l l | | | i ' " \\' ; 1 1L 'r Pi k F: 1 r k' " ! ` '' ! ! St ra i t La1 w. His
gates were wide open on Sunday as trucks heaved 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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2 of 3
is, as you know, is the Family Sports World.
any of you were surprised " I was over this Medicaid deal - I mean, I know what Medicaid reimburses physicians for
]11LLlL care and it is barely enough to cover the exam table paper in the offce - it seems as though the problem stemmed
a 2OO,civil lawsuit (that really started in 1993) that made the state inctease reimbursement rates for Medicaid dental
"The suit, a federal class action fled by parents in 1993 against state ofcials, 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 ofdoctors and dentists in the state willing to treat Medicaid
patients and agreeing to increase Medicaid-reimbursement rates. 7 2012 report by the House Committee on
Oversight and Govemment Reform ofered case stltdies in various states ofsupposed Medicaid abuse; it
cited dental services in Tas as a particular problem area. By 2010, according to the rport, Texas'
Medicaid program was spending more on braces than the other QQ state Medicaid programs
spent combined on such orthotics. "
l |. | | ' | | l< ' i l < l ! ' l i '( i , : t nd I wonder why the Yb! 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
.orihodontic offices in the Dallas area because of the i nvestigation, leaving an estimated 12,000 Medicaid-eligible patients
.
lWit 1out care
.
But hey, \\ i ! | l | |J| | ! ` !! Look at those slides just waiting to be installed! | l - ! , | | | | , || l !- l \\ Jl|.
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'Site by |' | ' Hosted by
' has blocked IQ_ access attempts in the last }days.
Since its launch in October, 2O1O,5econdShelters.comhas established itself as the
center of the second, vacation and investment home real estate universe ofering readers
House 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
course the latest gossip. We do it all from our base in Dallas/Fort Worth, where everone
likes to get out of Dodge come August. Unlike QQ7 of the sites out there,
5econd5helters'content is created by an award-winning national ]oumvallstwho isn't
trying to sell you a home; a ]oumallstwho went to real estate school to sleep with the
enemy; 8]ournallstwho visits and reviews each property, eyes t.ite neighborhood and
kicks the tires hordin her Louboutltvs.Make no mistake: Candy Evans !<' I I > i t I i l l
Updated daily, reported accurately for the real estate consumer, and always spiced with
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10/1/2012 2: 25 PM
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NEWS INESTIGATES
DALLAS - There's a different kind of skscraper 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 2/201 2
vulCi uiK tuKcS Suupc 1 tuKuuLJ LL1LQL V1\ \VLO II1ILIO v1oo.LLII Loxxoo vH. . . c_s z * W
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 - fled 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 fve-foot wide, concrete-lined Lazy River water feature is taking
shape below.
But a News C investigation fnds the Bentley-driving Malouf has a history of being
sued for failing to pay his bills.
Malouf owes an Atlanta-based banking frm $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, 000
for income taxes through the mid 2000s. He paid the tax bills shortly before he sold
most of All Smiles to an equity frm.
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 attoreys have not responded to our attempts to contact him.
Because homesteads are shielded from seizure i n 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 swmming 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 bharris@waa.com
http: //www. wfaa. com/news/investigates/Water-Park-Nears-Completion-While-Bills-Go-... 1 0/ 1 2/20 1 2
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Richard Malouf Really Likes Water Games, Turns Hoses On Us On Strait Lane
Fvan LM Itoli =. \.
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 bui l di ng 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 hi s property
on August ==. 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, hi nt 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 \. 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 i mmediately afer they are opened. Operation protect Water Pic Park!
I ' i I ' '' 1 * l '`tI!I\ I.cPIhrit I,ie-; l al e. J);J}];Jo; ncll l'.'l ll\( !1\>. Heal Il uIC, `t`. eIat(' market new" , i I i I ;U Bentley Cops. BTon I Iarri: l al ouL
Eidw1 d \!a l out" l h'S. Si i ai t Lane \`.\l` permalink
http://www.candysdirt. com/20 1 2/1 0/02/richard-malouf-really-likes-water-games-tums-ho... 1 0/1 2/201 2
Knaru JVIaiUUl Keau LI Ke: v ater va1ue:, I L IO 1LOLO I \O I (L1 OL 1uIL [ uIIOj O - - - 1 uC Z V1 .
IO Responses to Richard Malouf Really Likes Water Games, Tur 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, 201 2 at 1 o::J8 am
praying a hose OH.'r a frnre? That's .iust tasteless.
Scot on October 2, 201 2 at 1 2: 10 pm
F1ida!'? Sounds like a ,iolation of Dallas \Yatering restrictions to me.
Chuck Fleischer on October 2. 201 2 at 1 2::31 pm
You .iust got splasl1ed by a douche bag. Troubl emaker. '-
Joe on October 2. 201 2 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 i::Jo pm
Sounds l i ke \'l>n're a nosy jealous bi tch as wel l as , Joe and Churk and Scott and ,Joanna and Mike, al l pathetic jealous srabs. R}Ton Hanis "busted"
Dr. Mal ouf, ll\ron didn't bust anyone. llr. Malouf issued the State of Texas an inYoice and the, paid it, case closed. Cet a l i fe ou pitiful wanna
lw.
Lindy on October |. 201 2 at 2: 01 pm
!Cdo RPd haw had toothache" Perhaps he should spc 3 dentist.
Candy Evans on < ktnber ]. 201 2 at 1 2: 20 am
Red I |0B\CuHB IyUIICDH` uII` I.
http:/ /ww.candysdiii.com/20 1 211 0/02/richard-malouf-really-likes-water-games-tums-ho... 1 01 1 2/201 2
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Conao lhing. Monday Mori ng
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http://www.candysdirt.com/20 1 2/1 0/02/richard-malouf-real ly-l ikes-water-games-tums-ho... 1 0/ 1 2/201 2

Original Petition TRO and Temporary Injunction - Malouf V Evans Et Al

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Original Petition TRO and Temporary Injunction - Malouf V Evans Et Al

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CAUSE NO.

DR. RICHARD MALOUF, AND

`Cu CSIuIC Hu!CIS

. > Y A > == . >

Transcript of WFAA October 8, 2012 Broadcast

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