12.2 In addition to restraining Defendants’ conduct to prevent future deceptive acts and harm to
consumers, Texas requests immediate relief to preserve and protect the monies obtained by
Defendants in violation of the DTPA. The Defendants own or control numerous other businesses
which have various physical locations and bank accounts through which Defendants can hide funds
and other valuable assets.43 It is likely that the Defendants will dissipate or conceal these monies
prior to trial based on current and former conduct,
44 including convictions for wire fraud,45
excessive use of company funds for personal use,46 and prior refusal to pay court ordered
judgements, evidenced by a DOJ tax lien for $9,182,000.00.
47 Therefore, pursuant to DTPA
§ 17.47(d), Texas requests that these monies be frozen pending trial for consumer restitution.
12.3 Texas believes immediate injunctive relief by way of Temporary Restraining Order and
Temporary Injunction is necessary to prevent continuing harm prior to trial