A Dallas dentist accused of Medicare fraud won a restraining order against a TV station and the reporters whose stories spurred an investigation by the Texas attorney general.
A judge granted Richard Malouf, DDS, a temporary restraining order last week banning WFAA-TV and reporters Byron Harris and Mary Candace Evans from coming within 50 feet of his mansion and taking images of the property, according to a Courthouse News Service story.
Dr. Malouf has also sued the TV station and the reporters, alleging trespass, invasion of privacy, defamation, libel, slander, and conspiracy. Dr. Malouf, who claims he was falsely accused of fraud, says the reporters ran approximately 40 stories about him and his home in the past year, alleging a Medicaid fraud scheme and noting that Dr. Malouf filed for bankruptcy while building a massive water park in his backyard.
Dr. Malouf also sued his neighbor, claiming she helped one of the reporters crawl onto her roof to take more photos of his home.
Dr. Malouf and All Smiles -- a 51-office chain in which he previously held a majority stake -- have been accused by federal and Texas officials of costing taxpayers millions of dollars for unnecessary orthodontic work on low-income patients.
In March of this year, Dr. Malouf and All Smiles agreed to pay $1.2 million as part of a settlement agreement related to charges of Medicaid fraud. The agreement resolved allegations that Dr. Malouf and All Smiles violated the civil False Claims Act and Texas Medicaid Fraud Prevention Act.
Evans is seeking to dismiss the lawsuit, claiming protection under the First Amendment.
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