MALOUFF, CHARLES a Jr.

• Court: Court of Appeals of Texas
• Decided: January 5, 2015
• Docket: WR-82,475-01
• Status: Published

Opinion

December 22, 2014

Justice Sharon Keller Presiding Judge Court of Criminal Appeals RECEIVED IN P.O. Box 12308 Capitol Station COURT OF CRIMINAL APPEALS Austin, TX 78711 This document contains some JAN 0 5 Z015 RE: 03-13-00723CR D-1-DC-13-904021A pages that ar~ of p~or quality ""'"" A osta, Clerk at the time of 1magmg. AYJJ'Ud C ·

Dear Judge Keller,

I am co~ing to you in an attempt at preventing a furtherance of a miscarriage of justice. I am in dire straits, and I am pleading for help! M. Ariel Payan is my Appellate Attorney of record, and I have an irrepairable Conflict of Interest with Payan. As you can see by the enclosed documents and civil rights complaints, Payan and his wife are more than material witnesses in criminal conduct and gross violations of State and Federal law, Texas and United States Constitution's Rights of Due Process, Judicial Misconduct on the State Trial Judge, Karen Sage Complaint No. CJC No. 14-0~26-01, and egregious violations of the American Bar Association Model Rules of Professional Conduct, by Travis County District Attorney's Holly Taylor, my Prosecutor, Susan Oswalt, Greg Coxx and RoseMary Lehmberg, and my two trial attor- neys, Jackie Wood and Tamera: Needles, and Payan hims~lf.

This fundamental miscarriage of justice and obscene Depriv- ation of Rights not only to myself, but my co-defendant, Mary-Jo Woodall as well. The State's malicious and vindictive efforts to cover multiple felonies, including Attempted Murder, through Payan's negligence and abandonment caused me to file a 132 page Brief with over 1800 pages and photos, not including the two co's of Tri~l

Court records in a Writ of Habeas Corpus received by your office, WR82,475-01 on 11/24/14. This after being dismissed by Sage, in another innapropriate action, as she is the subject of a Judicial Misconduct complaint and a Federal Civil Rights Complaints on her, and her refusal to act on my Motion(s) To Remove Counsel and Bond For Certain Applicant's leaves me wrongfully imprisoned. I have not been conferred with over, nor provided a copy of Appellate Counsel's M. Ariel Payan's Brief. However, I have been informed through outside sources, that he has made several Patently_ False and Malicious statements in the Brief that must be Adamantly objected to! According to Jeffery Kyle, Clerk, Third Court of Appeals, that Court cannot remove Payan, and I cannot be present at oral arguments. I have bar grievances and civil rights complaints filed against Payan and any representation he provides me is a fur- therance of this miscarriage of justice. Your Honor, how do I get rid of Payan and get a conflict free attorney?

Respectfully,

Charlie Malouff CBQLBS A. ULOOPP, JR. § AD CHARLIE IIALOOPF §

v. § CASE RO. 03-13-00723-CR

§ S'J.'Aft OP 'lBXAS §

.MO'l'IOR '1'0 REMOVE APPODrl'KD APPELLA"l'B COORSEL

'1'0 "filE BOROBABLB JUDGE OF SAID COURT

Now comes, Petitioner, Charlie Malouf£, pro se, ~ the

~terest of justice to move the Honorable Court to remove appoin- ted Appellate Counsel, M. Ariel Payan, from this case and appoint another attorney who is not intimately involved with Petitioner's Trial Counsel; the Trial Judge; employees of the Travis County District Attorney; the Travis County Sheriff's Office; the United States Attorney's office; the City of Jonestown; or persons who testified as Government Witnesses in Petitioner's trial in the 299th District Court of Travis county, case No. D-1-DC-13-904201.

DISCUSSioR

Petitioner was convicted of Securing A Document By Deception in State Court. M. Ariel Payan was appointed Appellate Counsel by trial Judge, Karen Sage. An' irrepairable Conflict of Interest has been created by Payan's appointment, unproffessional conduct, abandomnemt and failure to recuse, furthering a fundamental mis- cariage of justice. CJIABLBS ·~ IIALOUPf' I .lR § AD: CBARLD IIALOUPI' §

v. § CASE RD. 03-13-00723CR D-1-DC-13-904021 A § S'l"AD OP 'rBDS §

IIO'fiOR POll BORD !!OR CBilrADI APPLICAlftS

'fO 'ftiB RORORABLB JUDGB OP SUD COUR'I'

Row comes, Applicant, Charlie Malouff, pro se, in the interest of justice to move the Honorable Court to GRART Appli- cant's prayer for bond under Article 11.65,. Code of Criminal Pro- cedure, while seeking relief from judgement in the above·criminal case. DISCUSSION Applicant was convicted of Securing A Document By Deception in State Court. A motion to remove Appellate counsel M. Ariel Payan resulting from an irrepairabl.e Confl.ict of Interest, was entered at the 'lhird Court of .Ajppeals on october 30, 2014. An

Application for Writ of Habeas corpus Seeking Relief From Final Felony Conviction Under Code of· Criminal Procedure, Article 11.07, As A Result of Violations of Article.1, sections 8, 9, and 10 of the Texas Constitution and the 'irst, Fourth, Fifth, Sixth, Ninth and Fourteenth Amendments to the United States Constitution Re- sulting from Police, Prosecutorial, Judicial and Professional Mis- conduct was filed with the District Court of Travis County, Texas, Flied in The Distlict Court of Travis County, Texae TRULINCS 66089179- MALOUFF, CHARLIE- Unit: BAS-C-A

FROM: 66089179 TO: Malouff, Charles SUBJECT: Payan DATE: 05/30/2014 08:57:08 PM

5-26-14

Mr. Payan, I want to be sure there is no doubt as to the irreparable Conflict of Interest in your representation. This is not a politically correct letter nor is it intended to be. I don't know what they taught you in LAW SCHOOL, but I will tell you what they taught us in the POLICE ACADEMY.

Attempted Murder is a CRIME. Sabotage is a CRIME. Destruction of a Federally Funded Energy Project is a CRIME. Theft of Trade Secrets is a CRIME. Industrial Espionage is a CRIME. Destruction of Evidence is a CRIME. Theft is a CRIME. Abuse of Office is a CRIME. Official Oppression is a CRIME. Conspiracy is a CRIME. OBSTRUCTION OF JUSTICE is a CRIME. ALL found in the Texas Penal Code and/or the United States Code. Do I need to keep going? Wood fucked my case because of her reliance that her "best friend", Sage, would show her favoritism.

The windmills in the Jonestown Wind Project were SABOTAGED. That is a CRIME. There are POLICE REPORTS FILED months BEFORE the Gestapo showed up at my door. People tried to KILL me .. not once, but twice! {They should have gotten me when they had the chance. Fortunately, God wasn't ready for me.) That is a CRIME x2. Toby Miller and his fuckbuddy Lori Carter are covering up multiple felonies (CRIMES) committed by Miller and his cohorts, and CONDONED by Holly Taylor, YOUR BUDDY, and the District Attorney. And, Sage violated my right to due process, IN ADDITION to committing CRIMES for pecuniary interests in her re-election. MY constitutional rights have been GROTESQUELY violated, leaving Mary Jo out of this for the moment. Am I pissed ... YOU FUCKING BET I AM. Do I have a right to be pissed .. YOU FUCKING BET I DO!! Am I going to sit around and let you fuck me some more? NO FUCKING WAY!

You, Jackie and Tamara made those statements, and at the time were sincere in your comments. You had no way to know my reaction. The fact that you said in your email ... the statements "WE" made ..... "WE" means not only is that an admission that not only you but at least two of you, DID make them, but the three of you are now getting your stories together because YOU THREE FUCKED UP. THAT, MR. PAYAN, is CONSPIRACY to OBSTRUCT JUSTICE (do I need to give you the Black's definition of OBSTRUCTION of JUSTICE?), because not only did I file the Judicial Misconduct against Sage (which YOU have refused to do) I filed a CRIMINAL COMPLAINT (which YOU did not do either) with the Texas Attorney General's Office for Abuse of Office for Pecuniary Interest, and Official Oppression. And, your attempt to thwart that by trying to suck wind on your statements. The fact is, that is OBSTRUCTION OF JUSTICE. A CRIME. CONSPIRACY, also a CRIME, is two or more persons, with the intent... and the three of you knowingly and intentionally trying to thwart criminal charges against Jackie Wood's "best friend" Karen Sage, is CONSPIRACY. AND, I would bet a dollar to a -doughnut, you have discussed this with not only your wife, but your_ pal Holly Taylor and her husband .. as you said, "We are a tight nit group and we all talk." .Further adding to your efforts to OBSTRUCT JUSTICE because no one has filed any motions or made any complaints to the Attorney General or U.S. Attorney. Not only in the Abuse of Office by Sage, but in the Destruction of a Federal Energy Project. In addition to your inaction CRIMINAL CONDUCT, it violates the Texas Disciplinary Rules of Conduct 8.04 (4).

You ARE a material witness to CRIMES, and Professional Misconduct Mr. Payan. As a material witness in both State and Federal CRIMINAL actions, and professional license administrative action, you cannot represent me, or stay on as my counsel for ANY length of time, as each day you remain violates my right to due process, and is furtherance of your intentional OBSTRUCTION OF JUSTICE as you are doing nothing in light of your responsibility to report. I didnt put up with Miller and Cook's criminal conduct and I wont put up with Sages or yours.

Sage and the District Attorney, with their biased Austin American Statesman (go read the articles during my trial), may control what happens in their little circle, but I PROMISE, I will be out of here shortly and I WILL BE ALL OVER THE INTERNET, INTERNATIONAL NEWS AND WASHINGTON DC. This was FEDERAL FUNDS!! And those are FEDERAL CRIMES begin COVERED UP!!

So, like I said. I will make this very Clear. Get OFF my case and get me an attorney who's spouse does not work for the District Attorney, who is NOT fucking Toby Miller, his wife, Lori Carter, Jackie Wood or Tamara Needles or is 'best friends" with Karen Sage before you dig yourself deeper into CRIMINAL CONDUCT.

Charlie Malouff TRULINCS 66089179 - MALOUFF, CHARLIE- Unit: BAS-C~A

FROM: 66089179 TO: Malouff, Charles SUBJECT: Conflict of Interest DATE: 05/23/2014 12:09:23 PM

5-22-14

Mr. Payan, In light of the circumstances, I have given this ser~ous thought. I feel the irreparable Conflict of Interest has come to pass.

I have filed a Judicial Misconduct with the State Judicial Commission, a formal complaint with the TX Attorney General, formal complaints to Congressmen Bob Goodlatte, Chairman House Judiciary Committee; Daryl lssa Chairman House Oversight Committee; Senator Ted Cruz; and the U.S. Department of Justice. I am in the process of contacting numerous international news agencies. Austin news has proven to be biased. As I said in my previous letter, I have NO INTENTION. of letting this ~~ .

We both know you and Jackie made those statements. Your earlier response saying they were "taken out of context" is an admission they were made. Sucking wind now to say they were out of context, considering the magnitude of circumstance, doesn't cut it with me. We both know Sage "GOT IT". She knew I was innocent. She knew Taylor was still hiding Brady. She knew Carter and Miller were liars and full of shit. Speaking of SHIT, she read just about every piece of discover BEFORE it was brought into trial. That is in trial statements early on with Joe Turner, over Lori Carter's, multi-author, original police report that she LIED about on the stand, trying to pass off a 25 page document when it the actual report was over 225 pages and actually ended up being even larger.

Sage's decisions WERE POLITICALLY motivated. SOMEONE WANTS THAT WIND ENERGY PROJECT DESTROYED. Pecuniary interest is illegal. Plain and simple. That said, you are now a hostile defense witness in criminal allegations against Abuse of Office for Pecuniary Interest, Official Oppression, Judicial Misconduct and whatever else comes out of this. AND, since there will be no attorney client privilege, you are also subject to interrogation over what you do know about the case in general, as this is a COVER UP FOR MULTIPLE FELONIES AND CONSTITUTIONAL VIOLATIONS.

What needs to be done immediately is a demand for new trial considering these allegations, a change of venue, and formal criminal investigations. Her denial of these motions is further proof of her politically motivated intentions to convict and imprison INNOCENT PEOPLE!

As a material witness, who is going to be contradictory to my allegations, I cannot in any way see how you can effectively give me the zealous advocacy I am entitled to, or how, in any way shape or fashion, I can have any attorney client privilege with you, let alone trust in your ability to provide me effective counsel. Your attitude about Sage, and your relationship with Holly Taylor and the District Attorney's Office, is too compromised to give me effective representation against Wrongful Conviction, False Imprisonment and the Abuse of Office and Official Oppression for Pecuniary Interest.

I am still working on getting a polygraph examiner. Thanks to the Debarment action by DOE, that has been pushed back a little. The Judicial Misconduct is addressed in that action too. I have demanded, as my right under the Code of Federal Regulations to have a hearing, and I have demanded that hearing be in front of both Congressional and Senate committees. Copies of my letters to DOE and OPR have been sent to multiple legislators and others.

I stand by my request of you finding me an attorney who's spouse does not work for the District Attorney; is best friends with Sage or anyone at the DA; or is fucking Toby Miller, Lori Carter, Jackie Wood or Tamara Needles. This needs to be done as soon, as possible as further delay will only be taken as intentional action to continue to violate my rights and exacerbate the COVER UP of Attempted Murder, the Destruction of a Federally Funded Energy Project, Theft of Trade Secrets, Destruction of Evidence, Abuse of Office, Official Oppression, Coercion, Falsifying Time Sheets, Malfeasance by Federal Agents, Corruption, Miranda and Brady Violations, Selective Prosecution, Prosecutorial and Judicial Misconduct.

...._____ . r· Charlie Malouff TRULINCS 66089179- MALOUFF, CHARLIE- Unit: BAS-C-A . . ----------~------------------------------------------------------------------------------------------------

FROM: Harris, Stacey TO: 66089179 SUBJECT: Ariel DATE: 03/21/2014 06:51:01 AM

'Mr. Malouff,

I certainly respect your efforts.

the .....__trial. transcript is due by 4-2 according to the 3rd court of appeals web site the court reporter has requested a 30 day extension to turn in you record

as I put in my initial letter to you, this is a long process and will take quite a bit of time.

for instance at the current rate it is taking to put the record together, I would not be surprised if the appellant's brief is not filed till september or october, or possibly later.

most jury trials take 3 to 5 days and have less than 50 exhibits, and the records are turned in within 180 days of sentence. Your trial was a month long, and the volume of exhibits exceeds that of a capital murder trial. that means it takes loriger, no matter how inpatient a person gets, it takes a long time.

The delay is standard, read the initial letter I sent you again. Whatever Judge Sages decisions were or the rationale behind them, _they have no bearing on the procedures of the 3rd Court.

Also I think you are misconstruing what~told you about the 'political' nature of the rulings on certain of your motions, and pulling that one phrase out of context otOU'fconversation.

Sincerely,.

Ariel Payan TRULINCS 66089179- MALOUFF, CHARLIE- Unit: BAS-C-A

FROM: 66089179 TO: Malouff, Charles SUBJECT: Ariel DATE: 05/11/2014 04:42:32 PM

5-10-14

Mr. Ariel Payan 1012 Rio Grande Austin, TX 78701

Dear Mr. Payan,

As you know, I am a decorated, and honorably retired, chief of police, and Military Veteran with 29 years service to my country. I was shit on by the government for the conduct of another, while I was off fighting a war, back in 2006. While I tried to put in for a Presidential Pardon, it was NOT denied and left open for me to re-apply. Recently, I found the United States v James V Vest case, and it is clear what the intent of Congress was on those laws, further infuriating me as to the misconduct and abuse of · power of the government. Now I am in jail for crimes I did not commit, perpetuated by the cover up of criminal conduct by persons in positions of trust in the government, and decisions made by a judge for picunary interest.

The case against me here is not just a simple abuse of power, but an outrageous and unconstitutionally oppressive miscarriage of justice. We are talking about violations of the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments, Articles I and II of the U.S. Constituti.on, I dont know all of the Texas Constitution violations (by amendment or article), and multiple violations of Federal and State criminal· laws, by the police, prosecutor and state trial judge, compounded by the ineffective assistance of my trial attorney who is also the judges best friend, and now further complicated by the Department of Energy in Washington, DC, at the urgance of the Travis County District Attorney. ·

In addition to responding to the Department of Energy, I have sent a formal complaint to the US Department of Justice, Office of Professional Responsibility, for an official investigation. Additionally, I am doing everything in my power to get a Congressional Investigation into this case, and the conduct of DOE, the District Attorney, Miller and Sage. I have had it. I am NOT a criminal minded person! ·

There is no question the statements made in my allegations regarding Sage are true, and will be shown as true in multiple polygraph examinations. I have no intention of letting that go. I have found several cases now where the judges ruled against the attorneys in similar cases, stating "it is not the context of the statements made by the attorney, but the fact that the attorney made the statements."

It is clear this is a complicated and complex case. It is also clear that I have multiple grounds of Ineffective Assistance of Counsel, and Bar Grievances against Jackie and Tamara and Wannamaker, and a Judicial Misconduct on Sage.

Cutting to the chase, you know as well as I do, your "good old boy we are lawyer buddies association", is going to do what you can to fight me in my arguments and grievances. I expect that. I will be out of here in 8 months. Shortly thereafter, I will parole out of TDC should I go there. I promise all my grievances, supporting documents and video, and polygraph results will be posted all over the internet and on TV. Austin papers may be biased in favor of the DA, but international news loves US government abuse to its own people. Social media has proven its effective against government oppression.

That said, right now there is a crack in the sidewalk you and I are walking on. While I do not want to see it become an uncrossable gorge, I have been denied my rights to see the evidence against me by Jackie, along with her constant refusal to get me important court. documents and evidence I left with her prior to my incarceration. Not just for my federal case, but for important exculpatory review for my state case. I am NOT an idiot. As she said, no one knows more about my case than I do. There is NO RECORD on file of Jackie, or Tamara EVER coming to Bastrop to see me. There should only be three visits during the times I was incarcerated in Travis County Jail of their visits, and I think the longest was 45 minutes. THAT IS BULLS HIT for a capital case that is as complicated and complex as this. As you said, my trial was longer than a capital murder trial, and we didnt put on a defense because Jackie Wood KNEW Sage "has my back." You know it and so do I. And, so do they! Then, to top it off with this shit with Sage and her re-election ...

Right now, I really feel it is in both of our best interest you consider recusing yourself from my counsel. The facts that you will not file complaints with the Judicial Commission against Sage, or the Bar against Wood, or file a motion for a new trial; your wife works for the District Attorney and the statements you made regarding Sage; your telling me to my face, that day of the last TRULINCS 66089179 - MALOUFF, CHARLIE - Unit: BAS-C-A

hearing with Sage, you were going to argue Taylor's motions and challenge Carter's Affidavit, and you stood there and did nothing, has disintegrated and prejudiced any level of trustworthiness that has been developed between us, so far. And, to lie about those statements will irrepairably disintegrate any level of honesty that I have in respect for you as an officer of the court, further prejudicing my rights to due process and a fair appeal. I already lost a fair trial, by people I was supposed to trust.

However, in the interest of fairness, and the benefit of the doubt to your integrity and intentions as an officer of the court, at this stage, please tell me how you think this crack can be patched? If it cannot be patched, before you become a target of more critical oversight, micromanagement and lAC, please consider finding me an appellate attorney who's spouse does not work for the District Attorney; is best friends with Sage; is not fucking Toby Miller, Lori Carter, Jackie Wood or Tamara Needles; and, ·who is experienced in both Texas and Federal Constitutional laws in a complex and complicated case, further compounded by the DOE"s latest act of Official Oppression at the behest of the Travis County District Attorney.

I admit, I AM an ASSHOLE!! I have never denied that. I will tell you that to your face and put it in writing. Being an asshole does not make me a criminal. But, I am also a fair person, and every man carries his own weight, integrity, honesty and trustworthiness. If you think you have the balls, integrity, and honesty to step up to the plate and not fuck me around anymore, please arrange to come visit with me in a face to face and let's get this worked out. Otherwise, as time is of the essence, and in both of our interests, please find me a competent appellate attorney without the baggage stated above, to zealously, honestly and ethically represent me, and move on.

~ Charlie Malouff

/ TRULINCS 66089179 - MALOUFF, CHARLIE - Unit: BAS-C-A --------------------------------------------------------------------------~--------------------------------

FROM: 66089179 TO: Malouff, Charles SUBJECT: ARIEL DATE: 03/29/2014 01:00:32 PM

3-28-14

Mr. Payan,

Both Jackie and Tamara told me that " ... Holly Taylor should not be prosecuting this case." YOU told me Holly Taylor should not have P,.osecuted this case. Jackie and Tamara both told me there needed to be a Special Prosecutor. This was AFTER 1 sUIDnitted my 2255 and Jackie and Joe Turner both got copies of it. I cannot believe that they did not address this to the Court. My 2255 alleging Police Misconduct and Selective Prosecution was submitted over a month before my state trial. It boggles me to believe that none of the newspapers did not ·contact Karen Sage for comment before or during my trial. If not, they sure as heck contacted the DA. And, because Karen Sage made her decisions to deny me my motions for mistrial, dismissal, Franks hearing and other motions, for POLITICAL considerations, someone I am sure intimately GOilnected to Rosemary Lehmberg, contacted her. I WILL find out who. Just a matter of when~ Holly Taylor, m~ prosecutor, was specifically named in accusations of the covering up of criminal conduct, Constitutional .and Civil Rights violations and violations of Federal law in my 2255. Yet she still stayed on as my prosecutor. What part of violation's of the Constitution and Due Process am I missing??

The Preamble: A Lawer's Responsibilities in the Texas Rules of Professional Conduct (see attached), Section 1 states you are my representative and an officer of the legal system and that you have an obligation to maintain he highest standards of ethical conduct. Section 2 states, as my advocate you have a responsibility tci zealously defend me. Section 3 says you are to zealously pursue my interests within the bounds of the law. My instructions and complaints not only fall within the bounds of the law under the Constitution's of both Texas and the United States, but also the very rules that regulate you as attorney's and judges. 1have legitimate complaints of violations of law. Section 8 says you have a responsibility to assure these regulations are undertaken in public interest and not in self-interested concern and any neglect of these responsibilities compromises both the profession and the public interest. Consitutional violations of this magnitude are definately public interest.

The Texas Attorney General investigates the corruption of public officials. I am instructing you to, in addition to filing the appropriate complaints with the Texas Bar Association, and Texas Commission on Judicial Conduct, file a formal complaint with the AG. The Obstruction of Justice, covering up crimes under the color of authority, and for POLITICAL reasons are included in the term CORRUPTION, as defined on page 397 of the Black's Law Dictionary, Ninth Edition.

YQ!!_need to read BOWEN and VIDRINE. Bot~ are beginning to pale i~ comparison in a precedent MISC~RRIAGE OF JUSTICE. BOWEN was mostly the egregious conducf of the prosecution. VIDRINE was mosty the egreg1ous and outrageous misconduct of the police. THIS not only involves the prosecutors, but the cops, elected officials, multiple government agencies, local, state and Federal, AND the presiding state JUDGE. AND, the MALICIOUS, VINDICTIVE, and SELECTIVE, prosecution of TWO. INNOCENT people FOR PERSONAL GAIN and POLITICAL FAVORTISM!!!!!I!!!I!!!I!!!!!!!!!I!

Sincerely,

Charlie Malouff TRULINCS 66089179 - MALOUFF, CHARLIE- Unit: BAS-C-A --------------------~--------------------------------------------------------------------------------------

FROM: 66089179 TO: Malouff, Charles SUBJECT: ARIEL DATE: 03/22/2014 06:34:04 AM

3-24-14

Mr. Payan, The Supreme Court just ruled against Terry. That is how I found this. I have been yelling and screaming since the day I was arrested, this case is NOT about fraud or deception, or insider information, but the COVERING UP of Miller's crimes, Constitutional and Civil Rights violations by Carter and Taylor, and the DESTRUCTION OF A FEDERALLY FUNDED WIND PROJECT BY DOE, THE DA AND JONESTOWN!! What part of FEDERAL CRIME do you people NOT understand? I said it then, and I stand by it now!

Sage is a judge who supposedly "GOT IT," according to her BEST FRIEND, AND Tamara Needles, who has no stake in their friendship. Political office does not give imunity to persons engaged in or in covering up crimes. There is NOTHING MISCONSTRUED in my statements!!!

So you are aware, I was, a long time ago, directly involved in .SEVERAL elected offical corruption cases. Three specifically, that I will address here, were, former Speaker of the House, Jim Wright, who took a forced retirement, former Congressman Albert Bustamante, who finally got three years on contract fraud, but was involved in much more, and Bob Bullock, our former Lt. Governor, who, in his early years; and when he was Comptroller, was directly connected with the Mafia Kingpin, Carlos Marcello. It was I that brought that connection to light through an investigation I was conducting (Lead Investigator) over in Houston. The outcome is irrelevant. He is gone. There are more. What is important now, is YOU, Jackie nor anyone else can . tell me this is NOT a cover up to multiple crimes, state and federal. I can show you MULTIPLE cases, with convictions, of elected officials, JUDGES included, in recent years, and in Texas alone, that were involved in corruption. More and more cases against District Attorney's wrong doings are coming to light

I am VERY SERIOUS about my allegations and my intentions to get a federal investigation into this cover up. I am not doing this just to blow smoke up peoples asses. There are pictures, and statements, and witnesses, and physical evidence to these crimes!! Its called EVIDENCE. PHYSICAL EVIDENCE. You, as attorney's are officers of the court. You have a DUTY TO REPORT! If it involves attorneys and judges playing games, so be it. It is already full of crooked cops and prosecutors.

1am NOT a criminal minded person and according to Jackie, EVERYONE knows we were WRONGED. Mary Jo and I already knew this. Mary Jo committed NO CRIME and for that matter, I COMMITTED NO CRIME. There is absolutely NO WAY Mary Jo could have ever gotten a fair trial in Sage's court, not after this blillshit. ·

1. 1told Jackie, Tom Walsh, Kristen and the first lady atty that was before Tamara, in the first big meeting in Jackie's office, that we could not get a fair trial in Sage's court. 2. There needed to be a change of venue. 3. Jackie told me then that we didnt want a change of venue and "Karen is my best friend," and "this is good we have her." 4. Jackie and Tamara told me there needed to be a SPECIAL PROSECUTOR. Duh!

There is more. Please do not take me lightly, or ignore me on my instructions, or my participation in this appeal process. It will not end up good. See you at polygraph.

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Mr. Ariel Payan Attorney at Law 1012 Rio Grande Austin, Texas 78701

Re: Violations of The Texas Code of Judicial Conduct; Texas Rules of Professional Conduct: Texas Disciplinary Rules of Conduct; Sixth Amendment Right of Due Process

Mr. Payan:

These issues need to be addressed now versus later. These are the facts of the above violations of professional conduct and law:

1. When Jackie Wood was first appointed my trial counsel, I expressed serious concerns regarding the integrity of the 299th District Judge, Karen Sage, because of her relationship to the Travis County District Attorney, and the Democratic Party. I told her this case was a case of malicious prosecution perpetrated by Travis County Deputy Sheriff, Toby Miller and his friends at the District Attorney's office. Jackie told me Karen Sage was "my best friend," and that their friendship was "a good thing," inferring judicial integrity. 2. In my last visit at the Travis CountyJail with Jackie Wood, just prior to trial, she again told me Judge Karen Sage was her "best friend" and "Karen has my back." While I do not have the jail records showing the exact date of the meeting, it was the meeting where she left me documents addressing both sides witnesses after giving me an email dated 7- 22, 2013, 8:06a.m. (see attached). This was in the visiting room where I met you, on the 3rd floor.

3. During the course of the trial, juror's kept falling asleep. One time, as many as five jurors were falling asleep and not paying attention. I brought this up to Tamara Needles, my co- counsel and Jackie. Tamara told me as long as they were falling asleep on the prosecution, that was a good thing. I made notes on the yellow tablets given to me by counsel.

After the prosecution "rested," we excused to go back and confer in the visit room. Once in there, we discussed the jurors falling asleep, and the situation with the jury and where to go with the defense. According to Jackie and Tamara, we were "losing the jury." I could see they were falling asleep, but I did not recognize that as "losing the jury." We had only gone into the prosecution side, and it is incumbent on the defense attorney's to keep them awake during the defense presentation. In that conversation both Tamara and Jackie told me Sage "got it!" Jackie said, "Karen's got it!" She told me this several times. She also said "Karen has my back!" We discussed having Dan Dodson, City Administrator for the City of Jonestown, and Mike Fox, my former Installation Supervisor, testifying. Jackie and Tamara both told me we had "disproved" the state's case. Jackie said she was concerned we were losing the jury; and if we put on a defense we might lose them. She said we had several week's worth of witnesses. Again, we discussed at least putting on Dodson and Fox. Again, Jackie said, "Karen has my back!" Jackie told me she has "a lot of experience with jury's," that I should "trust me" and we should rest. Tamara was in and out of the room during a lot of the conversation. I told Jackie I really wanted Fox and Dodson to testify. I was also mad over the Karlson issue. Jackie said, he, (Karlson) said there was a stack of blank pre-signed papers. I told her I wanted to see them. And, there was also a power chart, in addition to a video we had of a· working prototype at the UT JJ Pickle Center, that Karlson had done the testing on, and that Eric Graham created from Karlson's test somewhere in Discovery. And that the DA was still hiding that if they had not offered it up. I told her Karlson's declaration was similar to Fred Herber's because I used Karlson's to create Herber's. They would look almost the same, side by side. She was insistent she wanted to rest. Jackie told me "trust me!" I still <;rrgued for Dodson and Fox to testify. Again, she told me "Karen's got it!" And, "We should rest." And, "trust me!" I told her "I trust you." The rest is history. 4. In our visit at the Travis County Jail, when you hand delivered your letter dated October 22, 2013, in a "let's cut to the chase" conversation, you told me "my wife works for the prosecutor's office." "We are friends with Holly Taylor and I know her husband." And, "We all talk." And, "It's a close knit group." You also told me "the judge's decisions were political." And, ''The judge is not likely to decide on something that can effect her election."

Combined, your statement's and Jackie's statement's regarding Karen Sage's decision's based on "political" reasons, considering she is up for re-election, March, 2014, equate to a violation of the Texas Code of Judicial Conduct, Canon 3, B(2), "A judge should be faithful to the law and shall maintain professional competence in it. A judge shall not be . swayed by partisan interests, public clamor or fear of criticism." And, (5) "A judge shall perform judicial duties without bias or prejudice."

As in Henderson v. Perry, 399 F. Supp. 2d. 756, June 9, 2005 (Dist. Ct. 5th Cir) ( ... actuated by the instinct of political survival) for you. and Jackie to make those independent statement's and observations, Sage is clearly concerned with getting political support from the local Democratic Party, and not in the interests of justice. From this, Karen Sage violated my rights to due process. Anthony v. Cain, U.S. Dist. LEXIS 100697 (Dist. Ct. 5th Cir. 2009) ( "A judge will, however, violate a defendant's due process rights if he (she) is biased against the defendant or has an interest in the outcome of the case."). Personal reward of getting votes and campaign contributions for re-election, is having an "interest" in the case.

2 You cannot tell me that the public flack Sage got over the Nestande DWI case, that was going on early in my trial process (we were both in the papers at the same time), or the ongoing criminal/disbarment issues the Travis Comity District Attorney, Rosemary Lehmberg, was going through at the same time of my trial (again sharing front page coverage), were not weighing on her decisions that could adversely affect her political support.

Sage heard testimony the jury did not. She was privy to behind closed door conversations between the defense and the prosecutor. She listened to Miller admit to falsifying timesheets and committing multiple felonies. She listened to Carter admit to violating my Miranda and targeting me for free speech, both Constitutional 'violations. She listened to other Government witnesses, some from agencies that have law · enforcement Criminal Investigation sections that reviewed the grant, and searched Mary Jo Woodall's work computer weeks before Carter applied for her warrants, and the DA's own forensic auditor all say there was no crime, when "she got it" as described by Jackie and Tamara, and visibly observed by me, by her throwing her head to the side and sitting back in her seat with a look of disgust. On August 20th, she even ruled that Carter mislead the magistrate. It was clear _by the testimony of Carter and Miller, (in Sage's own words) this was a "travesty of justice." Sage's failure to grant a mistrial, or dismiss with prejudice, and her rulings and failures to rule on other motion's, her behavior manifested this ongoing miscarriage of justice rendering my trial so fundamentally unfair it violated my due process.

According to the Texas Disciplinary Rules of Conduct, Rule 8.02 "A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualification or integrity of a judge." I do not believe you, Jackie, or Tamara made those statements falsely or recklessly, therefore, I am taking them as true. As such, judicial integrity over the fairness of my trial, and the eventual plea bargain agreement of Mary Jo Woodall, based on a pretty good presumption she would not have gotten a fair trial, is at issue, because Mary Jo never gave me insider information, or provided me with information that was not authorized by policy or law. And, the employees of the Texas Comptroller, State Energy Office, all said Mary Jo was doing her job as proscribed 'by policy and law and there were numerous measures in place to detect any fraud or wrongdoing. Not to mention, Martin Cano, the Chief of Enforcement for the Investigations Division, testified HE, along with an IT person, searched Mary Jo's work computer and a personal USB and gave it all back and allowed her to continue working because there was no evidence of wrongdoing. In United States v. Nolen, 172 F. 3d. 362 (5th & 11th Cir. Dec. 2006) the Court states Rule 8.2 "Solely proscribes false or reckless statements questioning judicial qualifications or integrity."

3 I provided Jackie with a complete copy of my Federal2255 Motion to Vacate, Cause No. A-13-CA-572-LY, (see attached) that was filed in Federal District Court, July 9th, 2013, a month prior to our going to trial. In that motion, I allege corruption, cover-up, destruction of evidence, the destruction of a Federally funded energy project, and police misconduct, among other things, on the part of the District Attorney and others. That Motion was also sent to all of the Austin news media outlets, Travis County Commissioner's and Senator's and Congressmen. I intend to investigate if there was any contact, from any party to Sage regarding this case prior to, or during trial, again furthering integrity issues.

My next question is; does the Texas Disciplinary Rule of Professional Conduct Rule 8.03 (a) "A lawyer having knowledge that another lawyer has committed a violation of applicable rules of professional conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects shall inform the appropriate disciplinary authority, apply to Sage? I know it applies to you, Jackie and Tamara. While she is a judge, she is also a lawyer.

According to the Board of Directors of the State Bar of Texas, Model Rules of Professional Conduct Rule 8.3 (1983), "A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question of that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects shall inform the appropriate authority. Clemons v McNamee, U.S. Dist. LEXIS 36916, May 2008 (5th Cir.); 2012 Bankr LEXIS 2306, In Re Jarvis Adventure Bldg, LLC., May 2012 (5th Cir).

I, as a client, must be able to trust that my lawyer(s) will faithfully and zealously represent me. Howell v. State Bar of Texas, 843 F. 2d. 205, ·1988 (5th Cir.), and making a decision to rest without putting on a defense in such a high profile case, making the front page of the papers daily, and that was inundated with police misconduct, selective prosecution, Constitutional and civil rights violations because my lawyer(s) believe the judge "has her back," who, unless was previously told so by that judge, would have no way to know how the judge's ruling could go, but made such a strong showing in the confidence of that belief, shows a complete disregard for a clients welfare. That irresponsible and unethical conduct is not trail strategy. Especially when the judge, who personally witnesses and listen's to the testimonies of the Government agents admitting to multiple felonies and Constitutional and civil rights violations and continues to not stop the trial, and rules against me il!- motions that have clearly provided legal sufficiency in their claims.

4 While the doctrine of separation of powers in a Constitutional scheme of government prohibit free judicial interference in the exercise of discretionary powers of attorney's in criminal prosecutions, the judiciary has always borne the basic responsibility for protecting individual's against unconstitutional invasions of their rights by the Government. United States v Johnson, 577 F. 2d. 1304, 1308 (5th Cir 1978); United States v Falk, 479 F.2d. 616, 624 (7th Cir. 1965), quoting Stamler v Willis, 415 F 2d. 1365, 1369-70 (ih Cir. 1969), cert. denied sub. nom., Ichord v Stamler, 399 U.S. 929, 90 S. Ct. 2231, 26 L. Ed. 2d. 796 (1970). See United States v Butler, 297 U.S. 1, 62-63, 56 S. Ct. 312, 80 L. Ed. 477 (1936); Marbury v Madison, 5 U.S. (1 Cranch) 137, 2 L. Ed. 60 (1803); Calder v Ball 3 U.S. (3 Dall.) 386, 1 L. Ed. 648 (1798). See also A. Hamilton, · Federalist Paper No. 78, reprinted. in Cook(e) (ed.) The Federalist 521--; 524-25 (1961). This case falls into that rare situation in which the decision to prosecute was so abusive of this discretion because it encroached on Constitutionally protected rights and the judiciary must protect against unconstitutional deprivations, .not turn a blind eye for political favoritism.

To rule in a separate hearing, on August 20, 2013, for Mary Jo Woodall, that Carter "mislead" the magistrate on the Search Warrant Affidavit,· and (1) not to hold a full Franks hearing in her case; (2) not to stop my trial to hold a full Franks hearing, and (3) to tell me Carter's "misleading" did not apply to "my" search warrant affidavit, when that very information was the foundation information on all of the search warrant affidavits in the Government's case, is in error. Allowing evidence that was clearly fruits of the poisonous tree from Carter's admission to violating my Miranda rights be admitted, for "political" reasons is unethical.

For two experienced attorney's to tell me "she got it," plus my own personal observation- a person who HONORABLY RETIRED ·from Law Enforcement with 29 years experience that "she got it!" and for a third, experienced attorney, who regularly has personal interaction with the very people who are prosecuting me to tell me the "the judge's decisions were political." And, "The judge is not likely to decide on something that can effect her election." And, for that judge to recognize the manifestation of a "Travesty of Justice" (her words), and to rule as she did for "political" reasons, be they for re-election, or as a favor to the District Attorney in the furtherance of ongoing Brady violations, exculpatory evidence, the destruction of a Federally funded 1wind project, and police misconduct, is an unethical miscarriage of justice and professional conduct.

While polygraph examinations are seldom, if ever, admissible into evidence in a criminal procedure, they are allowed in Bar Association and Judicial Misconduct hearings. I am making arraignments to take a polygraph regarding the aforementioned statements and attached Sworn Affidavit. I challenge you, Jackie, and Tamar(ltO polygraph examination

5 too, as you told me she, Jackie, (and I assume you too) would claim trial strategy. This is not any "strategy." Or, you can provide the examination independent of me and I will take your examiner's test(s), or both. Preferably I would like to take both so there is no discrepancy as to my telling the truth about these statements. I have already told Jackie I am going to press the FBI to provide one for me.

I want all of this on the record in my appeal, and brought to the attention of the proper authority as ~equired by the Rules of Disciplinary and Professional Conduct, and Judicial Conduct.

My resume and a full copy of my 2255 Motion to Vacate, was provided to both Jackie, and Joe Turner, showing the file date and my allegations against the Travis County District Attorney right after filing July 91h.

I have over 20 years experience investigating police and state and federal elected officials, and I do not make these allegations frivolously, or take their seriousness lightly.

'·~

Charlie Malouff 66089179 P.O. Box 1010 Bastrop, TX 78642

6 ·,.

SWORN AFFIDAVIT

I, Charlie Malouff, the defendant in the 2991h District Court of Travis County, Case No. 13-904021, under the penalty of perjury, question the integrity of proceedings conducted in this Case and make the following declaration:

1. When Jackie Wood was ftrst appointed my trial counsel, after Daniel H. Wannamaker was relieved for a Conflict of Interest, (see Federal2255 Motion To Vacate, Set Aside, or Correct Sentence Cause No. A-13-CA-572-LY), I expressed serious concerns regarding the inability of getting a fair trial and integrity of the 299th District Judge, Katen Sage, because of her relationship to the Travi~ County District Attorney, and the Democratic Party, and the selective and malicious prosecution by the Travis County District Attorney's office. 2. I told her, this case was a case of malicious prosecution perpetrated by Travis County Deputy Sheriff, Toby Miller and his frien.ds at the District Attorney's office. Jackie told me Karen Sage was "my best friend," and that their friendship was "a good thing," inferring to judicial integrity. 3. In my last visit at the Travis County Jail with Jackie Wood, just prior to trial, she again told me Judge Karen Sage was her "best friend" and "Karen has my back." While I do not have the jail records showing· the exact date of the meeting, it was the meeting where she left me documents addressing both sides witnesses after giving me an email dated 7-22, 2013, 8:06a.m. This was in the visiting room on the 3rd floor. 4.. During the course of the trial, juror's kept falling asleep. One time, as many as ftve jurors were falling asleep and not paying attention. I brought this up to Tamara Needles, my co-counsel and Jackie, and I made notes on the yellow tablets given to me by counsel. 5• After. the prosecution "rested," we excused to go back and confer in the visit room. Once in there, we discussefthe jurors falling asleep, and the situation with the jury and where to go with the defense. According to Jackie and Tamara we were "losing the jury." I could see they were falling asleep, but did not recognize that as "losing the jury." We had only gone into the prosecution side, and.to me it is incumbent on the defense attorney's to keep them awakFtluring ~he defense presentation. Not to quit on a "perception" when you have numerous exculpatory defense witnesses and mounds of exculpatory documentary evidence. . . 6. · In that conversation both Tamara and Jackie told me Sage "got it!" Jackie said, "Karen's got it!" She told me this several ti~es. She also said "Karen has my . back!"

1 7. We discussed at least having Dan Dodson, City Administrator for the City of Jonestown, and Mike Fox, my former Installation Supervisor, testify. Jackie and Tamara both told me we had "disproved" the state's case. Jackie said she was concerned we were "losing the jury," and if we put on a defense we might lose them. She said we had several week's worth of witnesses. Again, we discussed at least putting on Dodson and Fox. 8. Again, Jackie said, "Karen has my back!" 9. Jackie told me she has "a lot of experience with jury's," that I should "trust me" and we should rest. ·Tamara was in and out of the room during a lot of the conversation. 10. I told Jackie I really wanted Fox and Dodson to testify. I was also mad over the Karlson issue. Jackie said, he, (Karlson) said there was a stack of blank pre- signed papers. I told her I wanted to see them, and that there was also a power chart, in addition to a video we had of a working prototype at the UT JJ Pickle Center, that Karlson had done the testing on, and that Eric Graham created from Karlson's test somewhere in Discovery. And that the DA was still hiding that if they had not offered it up. I told her Karlson's declaration was similar to Fred Herber's because I used Karlson's to create Herber's; They would look almost the same, side by side. 11 • She was insistent she wanted to rest. Jackie told me "trust me!" I still argued for Dodson and Fox to testify. Again, she told me "Karen's got. it!" And, "We should rest." And, "trust me!" In the end, I told her "I trust you." 12. After trial, in a visit at the Travis County Jail, with my appointed appellate attorney, M. Ariel Payan, when he hand delivered a letter dated October 22, 2013, in a "let's cut to the chase" conversation, he told me "my wife works for the prosecutor's office." "We are friends with Holly Taylor and I know her husband." And, "We all talk." And, "It's a close knit group." 1 3. In the same conversation, he told me "the judge's decisions were political." /

Arid, "The judge is not likely to decide on something that can effect her election." 14. Over the next several months I sent Jackie Wood and . Ariel Payan. multiple letters .

and email addressing what I felt was a compromise in the integrity of Karen Sage and my trial, and never heard back from them. ".,.- 1 5. The Texas Disciplinary Rules of Conduct, Rule 8.02 states, "A lawyer shall not make a statement that the lawyer knows to be false or _with reckless disregard as to its truth or falsity concerning the qualification or integrity of a judge." 16. I do not believe Jackie Wood or Ariel Payan ~ade' those statements falsely or recklessly, and they should be taken as true. As" such, judicial integrity over the fairness of my trial is at issue.

2 17. Also at issue is the plea bargain agreement of my co-defendant, Mary Jo Woodall. This is based on a pretty good presumption she would not have gotten a fair trial- because Mary Jo. never gave me insider information, or provided me with information that was not authorized by policy or law, and if Karen Sage compromised her integrity in my trial, then there is an unethical miscarriage of justice and professional conduct in the prosecution of Mary Jo WoodalL 1 8. The Board of Directors of the State Bar of Texas, Model Rules of Professional Conduct Rule "8.3 (1983) states, "A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question of that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects shall inform the appropriate authority. . 19. I, as a client, must be able to trust that my lawyer(s) will faithfully and zealously represent me. Making a decision to rest without putting on a defense in such a high profile case, making the front page of the papers daily, and that was inundated with police misconduct, selective prosecution, Constitutional and civil rights violatimis because my lawyer(s) believe thejudge "has her back," who, unless was previously told so by that judge, would have no way to know how the judge's ruling could go, but made such a strong showing in the confidence of that belief, shows a complete disregard for a clients welfare. That· irresponsible and unethical conduct is not trail strategy.· .Especially when the judge, who, by her own words, is concerned about a "Travesty of Justice" personally witnesses and listen's to the testimonies of the Government agents admitting to multiple felonies, Constitutional and civil rights violations, continues to not stop the trial, and then rules against motions that have clearly provided legal sufficiency in their claims. 20. The combined statement's of two of the three of my attorney's regarding Karen Sage's decision's based on ''political" reasons, considering she is up for re- election, March, 2014, violate the Texas Code of Judicial Conduct, Canon 3, B(2), "A judge should be faithful to the la~ and shall maintain professional competence in it. A judge shall not be swayed by partisan interests, public clamor or fear of criticism." And, (5) "A judge shall perform judicial duties without bias or prejudice." 21 • I have instructed my appellate. attorney, Ariel Payan, to pu['all of this on the . ~

record in my appeal, and be brought to the attention of the proper authority as required by the Rules of Disciplinary and Professional Conduct, and Rules of Judicial Conduct.

I declare under the penalty of perjury pursuant to 28 USC 1746, the foregoing is true and correct to the best of my knowledge.

3 ,.{.., .

Executed on thifhDay ofFebruary,2014 by ~ '-' ·Notary Public · Charlie Malouff

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8. SCHAPPAUGH MY COMMISSION EXPIRESc:,. Apll20, 2014 tr P'

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4 .. ---· State Commission on Judicial Conduct orracers Executive Director Steven L. Seider, Chair Seana Willing M. Sue Kurita, Vice Chair Valerie E. Ertz, Secretary

Members Karry K. Matson Patti H. Johnson Joel P. Baker Edward J. Spillane, Ill Martha M. Hernandez May 14,2014 Diane D. Threadgill Ricky A. Raven Demetrius K. Bivins Douglas S. Lang Orlinda L. Naranjo

CONFIDENTIAL

Charles A Malouff Jr PO Box 1010 Bastrop TX 78602-1010

Re: CJC No. 14-0826-DI

Dear Mr. Malouf!:

We have received your complaint against a Texas judge. All complaints receive a thorough review and investigation relevant to the allegations, and are presented to the Cortunission. After its consideration, the Commission may dismiss a complaint, impose sanctions against a judge, or take other appropriate action. The Commission's actions are governed by Article V, Section 1-a of the Texas Constitution and Chapter 33 of the Texas Government Code. · Please be. advised that our proceedings are confidential. We are prohibited by Section 33.033(c) of the Texas Government Code from identifying by name the judge against whom you have filed a complaint. In order to assist us with our investigation, please reference the above-listed CJC case number in all future correspondence. Additionally, if you intend to submit additional documents for our consideration, please send photocopies. For your additional assistance, we have enclosed an information sheet that will explain more completely the process involved in investigating allegations of judicial misconduct. We will inform you in writing of the Commission's action on your complaint. If you have any questions or need additional information, please contact our office. When calling, please mention the above-listed CJC case number so as to expedite your phone call.

STATE COMMISSION ON JUDICIAL CONDUCT

Enclosure

PO Box 12265 (512) 463-SS33 Austin TX 78711-2265 www.scjc.state.tx.gov Toll-Free (877) 228-5750 • f

C1"""i . For SCJC use only. State Commission on Judicial Conduct PO Box 12265 Austin, TX 78711-2265 Tel. (Sl2) 463-SSJJ ·Toll Free: (877) 228-S7SO . Complaint Form • Ifyou are filing a complaint about more tlmn one judge, please use a separate form for each judge. • You may complete this form online before printing. • Send the completedform and any additional pages or related documents to SCJC

* Indicates required fields. Please note that faxed complaints will NOT be accepted.

*Yourname: Charles A. Malouff. Jr. *Judge: Karen Sage *MailingAddress: /166089179 P.O. Box 1010 *Court Number: 299th ·District _.:C:::.;o:::.;u::.:. r.:;.t_ __ *City, State Zip: Bastrop, TX 78602 · *City and County: Austin, Travis County *Date of Birth: 12.27. 195 7 Your Phones: Day ( 5ll- ) ,..,3..,2..,.1........,.3~9.:;:.0.:::.3_ _ _ __ Evening ( _ _ ) Cell/Other ( ) -~=---=5=----- Best time to call you:a [] A.M. IV1 f!..l P.M.

It your complaint involves a court case; please provide tbe following information:·· . Cause Number: D-1-DC-13-902041 Status ofyourcase: DPending Dconcluded !;Jon appeal Yourattomey: Ariel Payan OpposingAttomey: TCADA Holly Taylor Address: 1012 Rdlo Grande Address: Trav~s County Courthouse City/Zip: Austin, TX 78701 City/Zip: Austin, TX 78701 Phone Number(s): . Phone Number(s): ----------------~----~

PLEASE FILL IN ALL INFORMATION AVAILABLE FOR ANY WITNESSES (attach additionill pages as needed) Name: _ _~J~ai.Joc~k~i::..::e=--W::..o=o.;:;d..,.,......,Au.t....t...;y'-_,_---- Name: Tamara Needles, Atty Address:.......,........o.s.uO.;.t.S--D.W....~~l.l.IOu.t..J.Jh~--~oSuto.-lift~liWOL-

If you are submitting documents, please provide copies, not originals.

I understand that as part of the Commission's investigation the judge may be provided a copy of this complaint. Please note - the Commission will do its best to maintain your cQnfidentiality, if you so request. However, if may not be possible for us to pursue our investigation without .revealing your identity at some point. If to it is necessary reveal your identity directly to the judge, we will advise you before proceeding. *I request that my identity be kept confidential. 0 Yes t!] N0 .I want this as pub 1i c · as possible I ~ "'Signature: - ··' *Date: 2.. Y"' ~~ ·~..-.:?•'1 How did you hear about the State Commission on Judicial Conduct? (please select one) . 0 State Bar of Texas

0 Another State agency 0 News media {!]Attorney 0 friend 0 Other: Revised 07/13/2009 May 2, 2014

Details of Complaint

Dates of Alleged Misconduct of Judge: Aprii2013-December 2013

The court is supposed to be the instrument to advance the ends of justice. When the trial judge, for personal pecuniary Interest, turns a blind eye, the trial, and the fundamental constitutional rights of due process become unduly prejudiced.

The Texas Code of Judicial Conduct, Canon 3 (8}(2) states, "A judge should be faithful to the law and maintain professional competence in it. ·A judge shall .. not be swayed by partisan Interests, public clamor of fear of criticism." And, (5)" A judge shall perform judicial duties without bias or prejudice."

Travis County 2991h District Court Judge Karen Sage .violated the Canon's of Judicial Ethics and my due process, because she had a personal and financial interest in the outcome of the case.

Canon I of the Texas Code of Judicial Conduct states, "A judge should maintain and enforce high standards of conduct and personally observe those standards to preserve the integrity of the judiciary."

During the trial, Karen Sage observed what she saw as the making of, fn her own words, "a travesty of justice." ·

In an interview with the Austin American. Statesman on August 16, 2013, during the course of the trial, Sage said she was troubled by the governments conduct (see attached news articles). There were two requests for mistrial amongst the many other Defense motions.

There were numerous allegations of bad faith, selective and vindictive prosecution and ongoing Brady violations. Sage heard multiple days of. testimony out of the presence of the jury requiring her to comply with Canon 2(A) and (B). Sage heard the police, persons in positions of public trust, admit to committing multiple felonies and Constitutional violations, such as targeting me for my freedom of speech and violating Miranda, in addition to the still ongoing Brady violations.

Jackie Wood, mY appointed counsel, appointed by Karen Sage, is Karen Sage's best friend. She told me this several times throughout her representation, and this is well known by all at the District Attorney's office where Sage and Wood worked together. :

Jackie Wood told me, during representation and before the Defense's decision to Rest, "Karen is my best friend." And, "She's got my back!" (See Sworn Affidavit).

After the verdict, Jackie Wood told me "Karen's decisions were political." Shortly thereafter I was appointed Ariel Payan as my appellate counsel. He tells me, early on, Karen. Sage's decisions were political and influenced to get contributions and votes for her upcoming re-election (See Sworn Affidavit and letter'to Payan). These statements, made by two independent Officers of the Court, regulated by the Texas Disciplinary Rules of Professional Conduct, can only be taken as true and support Sage's violations of Canon 2(A){B); Canon 3(B}(2}; Canon 4(A)(1) and Canon 5(1)(i). And, her making decisions contrary to and involved unreasonable application of clearly established state and federal laws as determined by both Supreme Courts ·and the Constitutions of both Texas and the United States.

There are. over 4 Terrabytes of exculpatory evidence and trial transcripts supporting this complaint. This evidence and trial transcripts reveal the Gover!1ments arbitrary, selective, vindictive and malicious misconduct is horrifying violation's of the First; Fourth, Fifth, Sixth, Eighth, Fourteenth Amendments to the Constitution, Code of Federal Regulations, State and Federal laws, Rules of Professional Conduct, including, but not Hmited to, Attempted Murder, Industrial Espionage, Destruction of a Federally Funded Energy Project, Destruction of Evidence, Theft of Trade Secrets, Abuse of Office, .Falsifying Time Sheets, Malfeasance by Federal Agents, Corruption, ongoing withholding Discovery, resulting In the convictions of not one person, but two. The other, Mary Jo Woodall, a 57 year old woman who never committed anything other than a traffic violation at age 17, and who, because of the Judicial Misconduct of the state trial judge, Karen Sage, never had a chance at a fair trial. ··

1 PRAY there still remains an ethical and honest Government advocate in you and your consideration of my complaint and claims.

Respectfully Submitted,

Charlie Malouff 66089·179 P.O. Box 1010 Bastrop, TX 78602

.., Defense attorneys deal blow to prosecutor's fraud case Posted: 6:18p.m. Friday, Aug. 16, 2013

13yRiciuHci8an·Ciara;~Ameriei~.stai~inari.st8tt'/.::.······· . .·.. ::.. :: . ,...' . . ~.- ·· ·--::: · Prosecutors found themselves in the hot seat Friday during the trial of former police ofn~r . Charlie Matouff Jr., who is accused of falsifying documents to secure a grant for a failed Jonestown wind energy project Malouffs defense attorneys chaUenged testimony by the prosecution's star witness an accounta~t who told jurors she suspected that Malouffp~Pe!lt some money from the,$2 million federal Stimulus grant for ~rsona~ use. The defense ni{k~l,g~~IYto~~{9.ti$fuiiStrial because they had not recetved evidence that formed the basis of that testimony - detailed spreadsheets organized by Robin Timmins, a former accountant in. the district attorney's office. Defense lawyers got the evidence earlier this week. On Friday, attorneys Jackie Wood and Tam am Needles told District Court Judge Karen Sage that they found Ulat only $100,000 went to the 57-year-old Mafouff. The rest of the grant went to pay employees salaries and purchase equipment to build wind turbines. · Prosecution witnesses had painted the 55-year~old Malouff as a con man. Dana Malouff McCoy, the defendant's daughter, said he persuaded her to be hiS company"s president on paper only_ Travis County Sheriff's Deputy Toby Miller testified that Matouff used his romantic relationship with former Texas Comptroller grant administrator Mary Jo Woodall to get the grant Ken Price, ·a civil engineer employed by Malouff, said Malouff oversold his ability to build wind turbines. Malouff also didn't pay him all the money he'd earned, Price. satd. . ·· in The newly released evidence seemed to put the prosecution's case Jeopardy. The jury was not present for Friday's court discussion, and Sage has said that she wants to hear what Lori Carter, the state's chief investigator in the case, has to say about the .gathering of evidence.

Assistant District Attorney Holly Taylor, with Travis County's Public Integrity Unit. spent 35 minutes Friday going over the evidence she's Introduced In the trial. Prosecutors said they would have another aCcountant review evidence ·to re-create Timmins' spreadsheets and would provide the new documents to defense attom~ys late Friday. Defense attorneys will have time to review them before next week when Timmins, who how works as an accountant in the Rio Grande Valley, will be called back to the witriess stand. Taylor has said she didn't know about the existence of potentially excu!patory evidence Timmins had in her possession. ·. . "The state has done something wrong and they are trying to ~ctify that;• Wood said Friday. .ii'G~Wfter hearing from Carter and others on allow te'sdmony to continue and have the jury to make its ~pabifity. If convicted of securing execution of a document by decePtion. Malouff· could be sentenced b? life in prison. He is already serving a 21/2- ye~ ~Jr.t}e~Cf! in federal pri~on·for possession of a . destructive devir-AA,,induriinn.h~'i.t~.t< f·lrea·rm and --r•.r!K·il.4.,.,~t.-A~~~mwt~tr .· Defense accuses state of •selective prosecution• In wind energy fraud case 8-19-13 Postea: 6:14_p.m. Monday.Aug.19.2013 By Hicardo Gandara- American-StatesmanStaff The fight over Charles Malouffs tate continued Monday outside tlie p~sence of jurors, with . attorneys arguing over the gathering and sharing of evidence in the ca~e of a failed wind energy project in Jonestown. ·

~=~e:~~:!i~~jpi~~~~~gi£=m:mi~~~r:i~rs&.•~~~~~~~:51 · falsifying documents to obtain a $2 million _federal stimulus grant for wind turbines. Among other thinn$ hi~ .IAWY"r§. c.!aim.tbe,Travjs CoUfl~ Di~ Attru.n ~ · · · ·. • :·~" ii.L;o;d,faitn.~y;.faiti"'" · "if'o~~fidn'tlover~sr>reid~h'6E!£Si&!th1irriQ''ill&tinan&!s16rM;tauffarit:f · mp;t,ti:·'''···'' ·' ··· ·""' · District Judge Karen Sage denied the request and ordered everyone. including jurors, tq return on Wednesday. But she left one opening for the defense: If Malouff is oonvicted offraud charges, the judge would ~-e-~~~~. ~~.J.!~!"Jl~w'f~'1~!\\. ey~:mbti~ .fpr;:$ [leY/.;tD~!.~n :ft.lfl grounds that prosecutors "':'~-lllag~1.ift~ . s~·~u'if8!'p.use · Wood suggested that one key prosecution witness, Deputy Toby Miller, "double dipped'" by claiming hours at the Travis County Sheriff's Office while he was working at Malouff's company, CM Energies. She_ noted tl_lat pro.secut()rS did not bring charges against Miller. li.rRS.JlSY~ · ~a~edQ~dJh$;~®lJbt~g;~C.Iafmiflut said they had looked irito his background and had ncii found a problem: · ·· - · ·· · "I'm appalled that anything Toby Miller said is being considered," Wood said. The defense also claimed prosecutors overlooked possible misdeeds by others at CM Energies, including staff attorney Michael Guevara, wt\o signed the grant application, and Malouffs . daughter Dana Malouff McCoy, who testified she_ served as president in title only while her . father ran the company. · :.t• ,.fu.·-1 ''r"':.. '~itr'~.Uli~:·;.;j;.\,:j'_., ,.lMi.in!lBY.W8Si ~ · '"' ~~s~~~da' +kathtrnrs.tfidi,not.hCtart~=.;~tn9nY.il\t ......, .. ,Yi~.L,.I~!;!'f,,.,.,.J., .....,..... " ...... "··"""'-~··· ' · Defense attorneys asked for a week delay white they review newly discovered spreadsheets of Malouffs bank accounts prepared by fonner county accountant Robin Timmins, but Sage granted only two extra days. . · · ·. . On Wednesday, jurors will hear from Timmins -who folfl:~wed.the money trail- and lead investigator Lori Carter. · *****NOTE: LATE JULY EARLY AUGUST 2010 MAYOR CAME INTO JONESTO\VN OFFICE UPSET AT ME AND STARTED TAKING IT OUT ON MIKE ABOUT MY BACKGROUND. SUBSEQUENT CONVERSATIONS WITH HER AND DAN REVEALED KIRK WATSON WAS STIRRING POT ABOUT ME AND WANTING ME OFF GRANT. MAYOR L..o\ TER APOLOGIZED TO ME BECAUSE SHE ALREADY KNEW ABOUT MY BACKGROUND AND TH..<\T \VAT SON HAD UPSET HER

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---~: __"!_~-~-~: ELECTED ...!.~~,~; __.. S OFFICIA_L ~We~kt'~.1'fer,· ______ ··~·-·~· - --·----- _________ • , ___ -- ':""'~-~-- ,. ·11·, • · - . ' ··-·-····· ·--- ~---~"' ~- ~f'O S"t.r..sl '\ ~~ - --- .. PnlOld to nav, lhe • - o1 Repr~ _ County Ta. Assesso.-ICO!Iec!cr Nelda Wells S~ R e p r - Mart< S1Janta. Auslin "'"'· "'-·~' - pears, 1 nty rttas~.~re-r ~or. -~z __.KOOI -·~ 9:11 ~f: ORGANIZATIONS :.ega~.er-and~ R' nemocrats Black AuShn Cemccrat, Ca,::rta! _.s..r~a Pr-og:-essrJ!' Oemx~ats --'l...s.:t~O't--) Capital Ctt)' !- cur.s :et";:tl::rats Clr:!-e C A:--ea ~-IT':O::c•ats t-!i.Span:c sa~ .1\ssc-:raren ~:..us!:., NGrth 0:; "'c::r-- ·.·e-s: C'!n:<:,::"ats Ncrme-:ts~ ~~3._ ·s .:.: ... "7': :~.cc~ats s~ :cr-.. a:-= i -::-.e;e =-~~cc:a~ s.e ....,., .-l.:;!-~...-. :~·!'":;·-:-.a!! • CAPO Home

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Capital Area Progressive Democrats Austin,Texas- Kick Ass Sponsors CAPO Annual Kick Ass Awards 2012 Banquet Sponsors KICK ASS Tx Sen. Kirk Watson Judge John lipscombe Platinum Stars State Rep. Elliott Nalshtat Judge Karen Sage Ken Craig US Rep. Lloyd Doggett Black Austin Democrats Gerard Washington Mayor Pro Tern Sheryl Cole Gold Stars Todd & Paula Wong Eva Gonzales Rosemary Lehmberg Judge Herb Evans Efrain De La Fuente Judge Eric Shepperd David Butts State Rep. Eddie Rodriquez Council Mbr Mike Martinez Sylvia Camarillo Co Comm Sarah Eckhardt Jan Soifer Mayor Lee Leffingwell Joe and Dorothy Gunn Judge Clifford Brown Judge Nancy Hohengarten Joel and laura Kohlstad Granger & Mueller, P.C. Silver Stars RameyKo .Council Mbr Laura Morrison Cecelia Crossley Sherry Statman Walter Timberlake Judge Raul Gonzalez Michelle Brinkman Nicholas Chu Virginia Schilz Andy Brown Judge Gisela D. Triana Judge .Errzabeth Earle Bronze Stars Judge Tim Sulak Michael J. Ruiz Martha R. Johnson Larry Kelly-Mahaffey County Comm. Maria Canchola Shirley Johnson Council Mbr Laura Morrison Sarah L. Shaw Nancy WiUiams A&cia Del Rio Judge Brenda Kennedy Becky MoeRer

BYLAWS OF THE CAPITAL AREA PROGRESSIVE DEMOCRATS Revisetl January 4. :ZOll

Article I NAME

This organization shall be called the Capital Area Progressive Democrats (CAPO).

Article H PURPOSE

Recognizing that in a multi-cultural democratic society bridges and coalitions must be b~ilt between our various communities, and to promote the influence of each citizen regardless of race. religion, color, age, gender or sexual orientation, we associate ourselves together creating the Capital Area Progressive Democrats. Article IH MEMBERSHIP. DUES & MEETINGS

I. AMembcrship is Ope!! to activist Democrats who support the purpose of this organization.

2. B.Membership dues shall be payable annually and due each May to coincide with the annual mcmbcrshiplfimdraiser. Exception: a fonncr member whose membership has lapsed within the previous 24 months may renew at the primary election candidate's forum. The amounts ami categories of membership shall be set by majority vote of the executive board.·

3. C. General meetings shall be held monthly. The n:&ular monthly meeting date shall be set by the executive board. The executive board must give seven days notice to the membership prior to an alternate meeting day.

4. O.Special mec:tings of the memberShip may be Called upon by a majority vote of the executive board.

5. E.The organization shall host an annual membershiplfundraising party at which will be presented four awards, to be named the "Kick-Ass Awards," honoring those who have served the Democratic Party and progressive causes with distinction. In addition, an annual award, to be named the Emma Barrientos Memorial Award, will be presented to an individual who has demonstrated a long-term commitment to progressive ideals through dedication to improving the lot of all in society, particularly the most disenftanchised and vulnerable. A contribution to the Emma Barrientos Scholarship Fund in the name of the award recipient will be made in an amount to be determined by the Budget Committee:. The recipients of all awards will be chosen by a committee appointed annually by the Chair. ·

Article W QFFICEBS

The officers of CAPO shall be as follows: one cbairperson, two vice chairpersons, one treasurer, one secretary, a managing editor (website/newsletter), a chairperson for the Programs Committee, a Public Communications Chair, a chairperson of the Fundraising Committee, a Counselor, and a Youth Liaison.

I. A.Eledions- the officers ofCAPD shall be eledcd each year at the regular meeting in June. Officers shall be elected by simple majority vote of the members present & voting. In case of a plurality vote among three or more nominees, a runoff shall be held between the candidates receiving the greatest number of votes.

2. B. Voting Eligibility- Members must have joined by end of the thirtieth day prior to the election in order to be eligible to vote.

3. C.Nomiaation- any member of CAPO may nominate ~If or bmelf or another member from the floor at the election meeting.

4. D.lnstaUation -Officers-elect will be installed at the subsequent July meeting with terms of July to June.

S. E.Successi011 and Vacancies - Officers shall continuo to serve in their respective offices until their successors an: chosen or until their resignation is in effec:t. Resignation shall be submitted in writing to the secretary, and upon receipt shall be deemed effective. V~~£aDcies shall be filled at any time by a simple majority vote of the 01tecutive board subject to approval by the membership at the next general meeting.

6. F.Executive Board- The offu:ers as a body comprise the executive board ofCAPD, meetings ofwbic;b shall be held based upon circumstantial need and c:allcd by the chairperson.

Article Y DUTIES OF THE OFFICERS

1. AChairpe[IOg- the duties ofthe chairperson shall be to:

1.

I. l.provide leadership for CAPO, 2. 2.rcpresent the organization in the community It the media, 3. 3.establish agendas for and preside at general and special meetings,

:.·:-_ 4. 4.establish agendas for and preside at executive board meetings, S. S.call for any needed special executive: board mc:c:ting, 6. 6.rule on parliamentary procedural disputes, 7. ?.establish an annual calendar of meetings and special events at the beginning of their term of office, and 8. 8.establish an annual budget for CAPD to be approved by the executive board acting as the: Budgc:t committee. The Chair may authorize spending between regular meetings that is not included in the budget according to the following procedures: 9. I. a)ifthe individual expenditur:e is below $100 or cumulatively $200 between regular monthly meetings, or 2. 2. b)an amount exceeding those limits with the consent of213 (8) of the members of the Executive Board. Such consent may be given either in person at an Executive Board meeting, or electronically via e-mail or a "virtual meeting." 10. 9. 9.annually form an ad hoc committee open to current members not serving on the Executive Board for the purpose of performing an audit of treaswy records, and 2. . 10. 10. establish a permanent mail box in a central Austin location, and be respoosible for mail delivery.

2. B.Vke Cbair for Endorsements- the duties ofthe Vice Chair Endorsements shall be:

1. l.act as temporary Chairperson in the absence of the Chairperson for CAPO, 2. 2.serve as Chair of the Endorsc:rnc:nt Committee which shall be open to all current members who express an interest in the committee, and 3. 3.be responsible for candidate: endorsements procedures.

The Endorsement Committee shall meet when caUed by the .EntWnements Chair. The committee's duties an to assist the chair in hWher duties:

4. 4.The Vice Chair for Endorsements will serve as Chair of a Political Strategy Committee which shall be open to all current members who express an interest in the committee, and S. S.devc:1op and implement programs to aid in the election of candidates endorsed by CAPO. Included, are voter registration drives, Gc:t Out The Vote (G01V) procedures, dissemination of candidate information and any other such measures as are approved by the Political Strategy Committee.

The Political Strategy Committee shall meet when called by the Chair ofthe Political Strategy Committee and shall assist the chair in his or her duties.

3. C.yice Chair for Membership- the duties ofthe Vice Chair for Membership shall be:

1. l.serve as chair for a Membc:rsbip Committee to be open to all current members who express an interest in the committee, 2. 2.collect membership fees and renewals from each member, 3. 3 .keep a database with membership ioforrnation and make semiannual reports to the executive board and membership committee, · 4. 4.conduct regular recruitment efforts and membership drives, and S. S.send meeting notices to the members.

The Membership committee :rhoU meet when called by the Membenhip chair and shall assist the chair in his or her duties.

4. D.Secretarv- the duties ofthe Secretary shall be:

1. l.kec:p accurate minutes of membership and executive board meetings, 2. 2.receive resignations of officers and declare viiC8Dcies, and 3. 3.maintain organizational files & record books. S. E.Treasurer- the duties ofthe Treasurer shall be:

I. l.maintain all tinancial records and make annual written reports to the executive board, 2. 2.report on current CAPO financial status at each general meeting, 3. J.write CAPO checks and pay all organization debts, 4. 4.coordinate with the Chair of CAPO in preparation of the annual budget, 5. S.file all reports required by law, and 6. 6.provide financial records necessary for an annual audit to be perfonncd by an ad hoc audit committee called by the Chair, which will be open to current members not serving on the Executive Board.

6. F.MaDJIJlipg Editor. Web!lteJNtmletter- the duties ofthe Manoging Editor shall be:

I. l.to oversee the publication and disbursement of an electronic newsletta called "D-News'' containing articles and information of interest to CAPO members and the general public, 2. 2.to exercise editorial control of newsletter and Web content in conjunction with the Chair, Communications and Public Relations Commiuee Chair, and Counselor, 3. J.oversee and update the CAPO website content with input from the aforementioned officers, and 4. 4.maintain CAPO's web presence by contrading for web hosting space with CAPO membership approval.

7. G.Programs Committee Chair- the duties ofthe Programs Committee Chair shall be:

I. l.serve as Chair of the Program Committee, open to all cum:nt members who express an interest in the committee, 2. 2.devclop programs & social activities of interest to the general membership, and 3. 3.further the political awareness of CAPO members.

The Programs Chair Committee shall meet when called by the Chair ofthe Programs Conrmittee and shall astrist the Chair in his oY her duties.

8. H. Communications & Public RelaDoos Commjttee Chair- the duties oftlds Committee Chair llholl be:

1. l.to coordinate with and monitor the news media concerning events which might be of intaest to CAPO, 2. 2.to mold the image of CAPO to the general public in order to facilitate the goals of the organization, and 3. 3.to assist the Newsletter Editor when needed in the publication of the newsletter.

9. LFuDdraising Committee Chair -the duties oftlds chair shall be:

I. l.serve as Chair of the Fwulraising Committee to be open to all cum:nt members who express an interest in die rommittee, , 2. 2.plan, present & implement with the Fundraising Committee, fundraising projects, short term & long term for raising sufficient funds to support the orgaui7Jltion, and 3. J.the Fundraising Committee shall assist the Chair of the Fundraising commiuee in his/her duties.

10. J.Coupselor -the dutiell the COIUISelor shall be:

1. l.act as parliamentarian in assisting the chairperson in rules discussion, and 2. 2.review all bylaws, amendments to the bylaws, and all CAPD sponsored publications for their impact on CAPO.

II. K.Youth Liaison- the duties ofthe Youth Liaison shall be:

1. l.to encourage voting age young adults to participate in CAPO & CAPO sponsored activities by reaching out to die Young Democrats & University Democrats organizations. and 2. 2.assist the Membership Chair as needed.

Article VI ENJ)ORSEMENfPROCEDURES The Vice Chair for Endorsements shall, with the Endorsement Committee, draft a questionnaire to be used in the endorsement process. The Endorsement Committee shall send the questionnaire to all Democratic candidates selected by the Endorsement Committee. The Committee shall upon receiving the returned and completed questionnaire, inform the eandidates of their opportunity to appear at a previously scheduled candidate's forum and shall fully publicize the candidates' forum to the membership.

1. A. The Endorsement Committee chair shall preside over the Candidates Forum & the following endorsement vote by the membership of CAPO in accordance with the rules detennined by the Endorsement Committee and approved by the executive board. Copies of these rules shall be made available at the meeting. The rules shall state that a candidate must provide a signed questionnaire in order to be eligible for endorsement. Copies of the completed questionnaire shall be made available to the membership at the meeting.

2. B.To be eligible to vote following the Candidates Forum, a member must be current. New members must have joined CAPO by the end of the 3Q'h day prior to the endorsement meeting. Former members whose memberships have lapsed within the previous 24 months will be allowed to pay the yearly dues at the meeting to renew their memberships and will then be eligible to vote in the endorsement election.

3. C.Proccdures:

I. I. The entire membership present at the endorsement meeting may participate. A candidate in a race must receive SS% vote of the members present & voting in order to receive CAPO's endorsement. 2. 2.There will be no runoffs. In any race in which no candidate gets 55% vote of the members of CAPO voting, there will be no endorsement in that race.

Article Jl1l RYLES

Except as otherwise provided in these bylaws; Robert Rules of Order (latest edition) shall govern procedures at all CAPO meetings and other business that might affect CAPO. The Chair person of CAPO or Cowlselor shall serve as Parliamentarian.

Anlcle VIII A.MENDMENJ'S

Any member ofCAPD may propose amendments to these bylaws. All proposed bylaw amendments must be submitted in writing. Proposed amendments must be published prior to discussion and possible adoption at the next general meeting. Amendments shall be adopted by 3/4 majority vote of the members present and voting. Changes regarding the form of proposed amendments maybe offered from the floor at the general meeting and adopted without prior publication.

OriginDJ Bylaw.r Augrut 22. 1994 CIJmplled and sulnrtined by

BID Carlon Jl'rc• Chairp Endont:menl.r Bylaw.r COIIIIIIiltN: Jerry~ Oble Greenleq[. and Sheryl Cole

Ameru/ment.r Daud May/, 2(}(}7

Cecilia Cros.rky. Chairman Bylaws~: Gerwrl Wa.rhington, Clmr:J.: King. fUi'atn De lA Fueme

Amtmdmenls Datttd JQIUIDr)' 4. 201 I

Cecilia Crouley, Chairman Bylaws Commiltee: VIrginia Schilz. Cecelia Crossley. Brrmdi Mueller, K.m Cmig. Shirley Joluuon. Marge Ferren. Eva Gonzale.r :·:•1

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and served laltt-lm"' .::oft-a.. .. · :·:. · where. the Wind ~mes- :were - '-,.... · -.-'ifv;...- ·tQ ~ bQUt;'attbe S&une_tfjue•.. , · • . . .: _. . ··• : . : .~er;.VIb~·~so. wa5.(an~ · · ..~-d~~~~~~:· .-· . boss at CM Alter;nafjye ~er~ . gies had lied on the _co~- . . · .. ·.·: :~:: :;{~. ~-~:· ~~t·;.\~~~:-.:~{I:·:~·-: ·~~ ·.:<-"" :1· ~--. _';~~:·.-,.i:·: ···:. ~- .. ·.~·:.. ~-~. ~ ·. _\ . . . .-·. . ~- • . . . . . ·: ·,· sTATESMAN . 'I.SUNOAY..DECEMBER8,2013 · · '· '· · ., • . .. ·. .; ·

,... · r('.'''"~:>"·'' :.~~·I'·~~~~~~: '. •. )< .~ ..~;i ;,~ ;i/,/ .• ~ .. i±:~l~(~k ·~~*i;f) contJnu!dfr:Dni~L',-.·':. · : · .· .~p~t; Records suggest; . .:-~·~ colleagu_es;·Ulclud~ ·. , B~t,·she.wr9te, ..the crt7•; ·, : ·.: :.·.,: .. < .:. " :. , . · : . there were.ample·Chanc- · . m~rsupe.t:Visors. ·saJ!'f they learned abQutthe frau~ · · es n;fs ~ppncatf(in)o ~ . ·- along the Waf ~or au- ' ),.wereaw:~e $e t\y~.haq, ' allegat,ions.op!yi.il ·~tmtgpantto ~WI~ . ·.d~¢epoo~.011 ~e proJ·._. . · ., frienc;ISaJ:l;~ha4att.end~ ~ ly.as.arrest~;, . -~ · '· · · . ,.. .~d..~~ei::~e add~~- . ect. All were igno~d or: . . wind energy conferences. . . Taylor said her _offi~e .• .. ~djbat !JJ~les ~q'!lff· : .· niisse~ . . . .· .. .:. . · ; together,

: :· 1 .. -~~:~~~~:!:~~~:: e~/=~=::. d:iafgavebijna·~t~..:_ · cordsasseittha:tsome¢' .:, ~::·~Q~~er.de:=tJ~:::.·s~t(tfOr~~~:·;<:.':::.:':·. yet;-'as:Woadall's.~·. '·· Be.sicle5,-'I:il)'!.or'a(Jded,. ·· ~yJIIegil!·adva'n~eiq ·Wo~an·s·oo~easuesat.: -· ·• er~'(ffctilp~~~-~~f.ih>.' o~eJol_l~toWn'Qffic,\al.:,,; ·. · , · ' Wtilnmgth~·govemment ···the Texas comptrOller's · :·: :mg,state~.L,:: ··:·.;:!,·.;::.;·· ·.;.;;, • did re~ early .warn: , · ~.oney. :: . ;'.:·'· .· :·~::>> _offio:were:awarei;>fher : ~ .. · ·~~~ii!i·~~;~.::·:'.. ings'aboutthe·proje~.: ... Yet the E.D.ergy De~".':-:·.relationsbip,with Ma:louff.'· ·. . . .· .. .. cso.clann several Oftlle :. ,:-_ . ·But he bJ"USh~d _th.em .ment's ~~tion.intQ·. .sut no ~n~ap~tlydid · · MiUY·JO ~cii.D pi~guiftY~: ~fj;l ~oJ::.}\:> ·: . : .· coiJ:iptroll~s offi.~ ~~: ~ff: Y'ben.Miller or~~-= . Miller's iillegattons resUlt- anythingto'interrupt. or ·.· ·... lnformat1onft)ras5Jst.lil&~ ~oUffwt.th,iylngtO ·'.: : : : ers attend.ed prest:nt;a:-<· · · his_ c!)nc~ aQ<>ut ~~ .· . ..

·.~~:·~~·~~~m~(f~.~r£:~·fE~Jr4!it;·. tomey genetal's ·office.· . . ~er deparlment,.:.. . ' ': . . - -.'mOiiey into th~ eeoriO• :.: :~ :'Wall. t~Sfng.::The .comprrol- .. ~.auqa~disriilSsiro ~~. 'Fo\u'.uiontilS·artei that, in. . ·• _Later, offi~ali! ~ed · . J.QI · Illr;•.The ~Ulus ~'.> .r~~s offi.~ eyen,hel~ ·•. · . a,Sn~t thi;.d.tf!.i p~o~~~· ,.. Fe~ruary20ll;~~t~~s .. stiUmoreclWicesto~P: · • :'!~e.apusliitem,~.Tay- '.":·· fi,m~the~~l{e}opmeD:t:: • · ~en!f~e~dW,OJ:';,:' .. : . toP. lawyer deflected tt ·. ·the money before.it.was · Jor said~·~There was :a lot: . ofthe same turbines· <. · ect failed, he.~~ d~. . . b!'Ck.to t:lie rra~ Cotinty ·:. a!llc?st. ~ergy b~pan.:·.. · · . : of pressure ~-PUsh .the<:·. ,.t:lirotighano~e~ ~er~ · a·meetirigt:b;i~.Mill~ se:-. : ~trict attorney. . . ~ent.audits 9fthe prc;»j· __ ·. fu.nds out qwcldy.~ . \-' . ;Deparunent.gr;m~ ·. :· · cretly tecotvernment piSS~ •·, .. ·es,.notablythe:~-pro,. · · ontheprojei:t;sprogtess,: · cationswam'tgiventhe : bodi'kriewabOirtft.".-: mgotfa.~n~da ..... · file Tom DeLay ~d Kbio docume~s.$ow. they · .... authority td.rev:lew the. ·:. · Enei:gy Departrilenf· h~ dollar5 to:J~ne.s.town, · _Flores trials, which ran · J.10te4 only .ininor defi· · LINDA SCOtT '.5Tt'ff . t~cal f~ibility of ·. · represelitativehudit~ .Texas, rm not going to .. , · $rough late ~1(): Holly · ciende.s. :: . . . · · :, ·' ;.: the J?l'9iects d~ed in·· the comptrOlle(s c;~fftO.: : lOSe sleep.over.that._'.' ... .~ Taylor,~ a~nt pros· · ;If this was su~ a ···· . .. : . :· . . ::; ~ .-: applicants• p!pery.rork: ;. · s~ ~es.and gav~ 1t . Dodson res~ed m .. · ·ecutor who eventually· . fraud,~ saicl.Jacqueiine · ~solar panels on · "They were not allowed . : high: mark$ for adritUUS- -~oo· and cowdn t be. . ~~on the Malouf!r:a&e.~ · wood~. Mal~s ~tt6tney;' ~ub~c buildiilgs~_·_ . desctibed.~er's cpm· .. •theycertaiDIY were neg- .· Priority was gwen to:. >.;. ·· til l~k ~yond..f!te~:. ... ~~· . teririg.the pts~ There. · : reaclled fo~ collli;Den~. : s~ons in the applic~- J ·. por:ts show that; whil~ .· . . As the project co~-: . .. ··· 'plahita&~.ra!f,~ ,.> ligentinnotfiridiil.Ji~'" ·., ~:W.:e dl4 n~t aggr¢l.>:· : .. . · · .· . . ·. projects~couldbe '. > tions,~Taylo~satd.): ·:; .. built quickly --:-.*shov, .:;. i Robert Vloo4 ~Il'· . ~ '! : to ch~ :UP oamdM,(l~ r d,ley~d·se~site~ 'ued,lnaAY.liiJPn~()'\ND· see~ed satisfied 'lfl~..;. : · sfVelypursueit ;tn~e., . -~to fUnd · · .. el-ready" was the popu- firmed the com~er's;- ·. ual p~Jects,Jon~r:nw the results. ~e pr.os•., . .. . . tiJiie,!" sh~'said •."We were · . The fir-st C?ilponunitr.. Jar phrase- preferably in : co~~ee did no fnd~ ::. · ·. w,asn.'tQn~ of thenL, ., . . eclltors allege~ ~ouff ·< ·· · swamped.".:·.; ··· tosavethetaXpayermon~: a)'eat.~ol8months~.Ma~'. {le;Ddentinvestigadonot}. ;.· . AS~Qffidal~ppli•. . impwperiY~~~S?m~;, . · ·. · ·. · ;• 'Prosec;Utors: di>.: :. ~ . . . d~sigil~tostiinuta~~ .· . ofel~'c,tiidey.,;>':·· .{,: .. ·;, •.. . . : . :.· ... :.::: .: ·,:;'.. : ;. r tbeprospec:tofJ;iewjoQ$; erectedli~tocltyrbl.ill.. ' . ·:.';JifAuga5t,;tT•aVis · .tliespu~ecoriomy •~Tlie·fudUCt~fn • . · ~..':.: ·:. ,·, :'.'. ariden · · · · .. /'ie-' ..We'havet

.: . .... ·. ..by tire ::: .. ·' J~~..~f'onller~~ce_of-. ·. $7()(>.1?n.:z!~t:L-~e9~ptfi-,.·· -~P~.-,s.J:Ie:Si!fd.~~e· .:_;lnre~P.~~d~· :.: ... ~tr()_ng._ .. >· :·::\ · .. -~~ guilj ()f~ tq ac.. : -~ say!t created ~.OOQ- · never·hiuf;~·~he,. .' · ments and mteJ;:vlews · ' · ·. cey employees-were.: · strong.saJd. rbe ~~e ·.·:i. , red~tf.reb~~.,-~·,: ·.

.' ~~w.::.~:~~~:~':.:P~~~~~i4l~~~~~::;J ~·~.to.~e!U'.·· .ren~Jeenergypro-, . ~: -=~~~ -~~~~~i~;- . _~;:·· :0}-:n.~:!~~~~~j~··: ·=~?;~;~~· ~tionCOnclOO::,": .· slowdownorinterru~.···· erally;AldermanLance: tbey~e .~I .·. . :,. . . . , ...•. ·

:~~=t~;-~··:·;~~~=~-~t}. ·--=~~~~~~~:r;: ~~~~~~r:~~r-:·:::~ ~~~t~~-· ev~~f.~~·~~t~~~~.-- .. --,..,- ~~cea;tq:ts·Ye.3i'S ~ ·Wb.lcluentapor.tio.ti'of. .- ey.riottil:p~~ . · · and·questions abOut its ·r' ketb;i! Wede.U;-'WhoSaid . ··i\. in(>otll ~t~•.~u~~rs· . ·' · · · · ),D:~.~No~...~·· · 'i:·~ thatto state$ to' s~c:i~~-' ;-~r')O#~ti\itf.p pay.' · ~ility.either,.ifiis$~ ;.: :;-,·..~~.~i:r:~{foni ·. · hired ~y,the,stat~·co!JlP' ', · .·. ·. · ' WoOdall pteaded guilty to ..Qilly•.Th,e Tex.aS col,llp;.. ·. ·. fi:it :idditiODlil ~-and -: . :d.m.~ ,qt'diase:io Jgn9re ~ · any 9ffiCW citY action m: : ·trolJ~r~s..omt;e ~~l~. · · · · · .. ~~.ofiil(oi'Iilatiun;_a··.> ~ouet'so@icebeP.fi.a~, ...~~.of~~OIO-' ~:·:.'>.> ::... · ·· ·· voiW)g(hecompaJ:li.·~t-' toJ9n~to~t: · · · . J¥er:~arge. fo.rasS!st:.: · : ':e~ grant applic;,a"· :;_ ··.. gy~·WblCJ!~·wowd•thell- ..: . ·· ·Iri:ifs 'affifQVeSdgatorii~tig,~ . _ cttr~piO~~aJ~. · ·. big~~on ~':",·J)Y.latAI2011J:the.·:. '· 20~;· · -:~ :. · · . .-.::;·.·.... · _'SqJle.tha#.pr.QS~:rs ·: .. ge~d.Malouffwasre-: ·; · ~ pn1h~pay,ro1L pt;b, .... · American~ecovery:;~d · •. •. .12~ J¥oiluati(),o;:aym,I~: :·. /:~'~.tPr'otrante.i::tcout~.::: :' -~~.ct'~ C9M~~gs '.17iyiii ii;Qproper in~ · .·r · -~·~rmed on~the:- · . Reinvestment~~ proJ· .· · :~b~e•. theEnergy~-- ,, ·:· :~·atiesFeoUIJ.tf~arid·_- he·l>~~da~r..frol!l· side.h~ponhisappll· . ' .. ~wor~orthec.Om" ..ects.1:'hc~teau;ussuedits : p~ent~poned on- . :~ools to s~ fedei'al . . .. . a Umvets1ty ofT~ pro-: · . qtti9n.to the eomptrol~ ·· · pany as part of the Ener~ · .. final rePQ~ on SeP,~ 27, ·· ·~ya ~-:dozen Rea,y-. mone~to ~~~-.sllial!.lil->, · fe$sor.;~~ luidjvo~· ·' lei''~ office ~o~-w()()d- · .'· · gy Deparanent's require- :.: 2ou; It Sfd~.~at some.fn~ · . ...er:Y A,ct-related ~-:· · · : · .te$lttve:en~·p~jeCtS ·:· :on·the :WJ;1JS~:ii.~.:":" . :an. Who~ ~vers~ . · . ',. ·. m~t that ll_PP~a.nt!l p~~ ~i~c:s we,ren·t proFiy .· . ._ . · nalprast;~tig~:-:~~ .· tQbeJp~erl~~·.. ::: . :.the:wttnJ.n.m;;me-~ilil · : ·.~th~~~rgygrantsfor;.' -vldema~f:ariEiso,t · documen~~.arid .a~e:. · , I~I.p~orsscdd · · dliti~~-ItendedupdiS- .. -onnex:Q~~rather · thestate'andwhoseaeF in-ldndhelp. · . . . . . '.terobs~:onthe~~ .·. :· ·.: tll~YW.~~leased·~t,b ... ·, .··~b~tmgn~Iy'$~~~-, .. -~·"¥~.~~~~:_: . •ly\vasapoldfriend,of, f· ·..· EventJ:Jen.:~~-,, .·. · · Y~twas.b!.b~ed~~~: . - · . the coovi'ctioos.. Yeta re- · lion over ~e r~ars~ :·· ·A~mg thtHedUiolo- :' hiS: But court ~·from: · dais later said they cot,dd '·. ~ eonstrucied ~ MeJO~ .. ~ewofc:O~~oth-.. ·: · said-~bertW()()d,'direc- · .gyasb.av::fng~significant. · Ma.lo~andWOOdallre- • ··.. have saved taxpayers . · cowhicp,~potcoD,JPHant .erpublkdoeuments. · tor~feconpmfcdevel~p- ·. J)9i,eJ:itialforc~~erclal~ spondthaUheirr~tion~ : so~emoneyiftbey"d · with.~eBu~~~~ · andint~alsorais- · mentandanalysisfor~e ization."··.. . . .. ·: ::·. · · shlp:waSwen~knowilat ·. known Travis County . ·. termsefthegrantcon~. ·. es·qu~ about why · . c:Qml'troller'~ office. M()St · Yet of:ticlals were eager: :the state comp~Ders · . pl0$ecutors \Vere loves• ~a~· · ' . . . . _. ~escheme~~ca~t oftheproJ~·~vo~ : . ·to~ject'the-govemment · office;wbichdidn't.~r(: _tigatingMalo~..But~~- _.' · PoUc~crashedin,to., . ·. · ·· ·.. · · .... :: · .~ .. ,-..... ·· ,.·;·. ·., ... ,, ., ·" ..· :· .. ·' .... . , ..,, . · 2012letter,1onestowns ·· MalouffsandW~s · , .. attOq).ey.-Saidthat'J'Til~' .' .· ·honi~-~~lil~: ... : .-:.· viscouncy~proseeun:>rs · ·.·: Aspokeswqmanfor ;··, · the.Eriergy'Depa.rt~ · . ·· the'~mptro1Iet's.o.tfi.~7··· .· · meilt ne'Yer alerted. them· ·:said it was-~:wor,ldng With tbat':the pro~ was. un~·. . .. the Office ~fthe Attol'Jley ·. a.cloud; a.:communi- General to p~ue rec.av:- . cations gap she said re> · ery options;~ The _dey of.: su.lt~d iii tbe.city cont:biu- ·Jonestown bas filed a Iaw- Jnit to. Write checks to Ma-. · suitto . tzyto recQver ':. : .· tne · ·.• l . . ~ ...~:-· ...... ~..,....... ...... ...cu, ....... cU>

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;, With ·~tiisgi,lici¢cf veto · utesTuesdaymo~.-- .. · . .Lelm;lberg appe~d befor¢ . ' .. ; dtyiilg outfuiJ.din· b . .· ;: Alig~Jr:O'ffid31S'~ < ~~~~~t~~:n~6' ·.!ways to ke¢p unit going.: · in her first publiC: appearance .. -:;·_ .• since being relE!.~ fi:omjail . . -lByFriiciM~,: .. -< ..·_ MaY 9 at'teiil_~il drivfug• ·, .· .,· :]·:LtmaSfthood@stat~.com: , .. . . . ·, · • conviction iii·April. Perry ru.d : · . pledged last w¢eld9 cut tlle: ' . 1. • TI-a~s CoUnty Di$trirt .·_ • unit's funding ifL'ehmberg did 1J\tti;lmey ROsetgar:y' L~m~ . · not resign; · - · · .:berg inll.de her first p\!Qlii: . . Getald·oau~en:y, the ccim~ .·\ comments'J;U~Y abOut. · ~$sian's lb~e Republican •· ! Goy..l~i¢k PetTy's move Friday · il~ct tb,e: !>IiiY_ineriti:JE!r t9 have . · ' ; to cut about $3.71nilliori in · publicly Called for .LeJu'nberg's: . . ·: annu81 ftuiding to her ofli~e ... ~s~tiQ~~i~a~$~_ilt ~It1·-·:-... :' "it feels'partisan, and it's Tuesday's meetifig. rna phone .- . :miSguided~ as far as I'm con· bitervtew; DaUghertY said(" I. ·· · :cerned,.. Lehmberg said iri a am hotgoing_to get pushed .• . ·brief intervi~w with reporters ' into a cameras ac?~~- i after addressing county com- . ;.: .... ; missioners for about 45 min· Unit continued on 113. ·

- ·.·:. :•aiii:i§::llic·::a-1••····. . ·. sionersfutwoweekSto . · :: ·Qrthe'rougbly,4oo '·~. ·- !· -~~~·aciion,~hichmlght·: _Cases~~-forthe:~-=·:,·_ .· Uolt . .. . ., .. . '~clud~!IJsing co.unty taxi' unit; about 28o·can orily;..: contlnued'rrom iri_ ·: ; . payer.funds to pay for the be pr~uted-in Travis . · department! commis·. · County, officialS said. ,._ c .- •

sioner to fund the Public sioners w~re n«?t opti- . . . . Despite the fllnding cut, ·. · Integrity Unit, because . ' mistic abou~ the Legisla- . .. . Lehu1b~i"g said her. office·.. that is n!ltthe respon~ ·· •· ture finding another way . still haS the responsibility .•. sibility 9f ~e CqJnmis! .. · . . to fund the l!Jlit, despite tci prosecute those cases~.: . sioners Court;:; .• ,I a.n nof l{ep. Sylvester Turner. D: Commissioner Margaret · going' to put ~t oi(the >. . Ho~ton, s.aymg MondaY: ·• ~mez egua~edPerry~s ... :.. backs ofilie~ayers cif(' that he wo~d :work to. · cut to ail unfunded man· ·. Travi:i Co~t'Y·" · ·:. :, . .. .·. IDlike sure the unit gets_.: · date. J~Ving local tax• The pi.tl>lic,Integrlty •. . . the molleY ilneeds to payf!is ~th thiq·esponsi·. · .a·tri-~.ectp.·!l[tma ut._nne:dis• U ~.·o·.m¢P.e. •tY·~sf_._.·._: '.-.·.;_~·.· -·. ·_ .. ·"" o~.!wra~~~-ut UIU ;.,..· r-- me~.•. :·: '., .; .. b.WtY~o pay for a stat~. . ~-~¢ Ofti~, ·. · . . · . . .. office~ has been ftihded by· extraord.fnatyeffort; . · :{....This as-an unfortunate · the.$tatesincd982an~,.;;. statefU.ii~has;~p••:. · SitUatiODWerul\"etOCQD- . ~~~::.:::s:::1iri~· ~~.f~~t':~Jrt~- ~~;~~s~~r~c::!~ t. ·, · TbiViS county as well as · · otthePublie Iilte · "hi • ·· ,payers. Who'Jta.· to_:foot · somet~?{;Uid:in~¥an,af.: . . :offi~~#e..~?r~~· ~~ow:.~c~~roner :ve.

· fraud co~te

·;~~1~7~~~~ ~--·,~:-·tr:·~·,:·: g. 1H~;:·/~~ ~~!~iifZ~~~~·· /. as wen as other cQsts" This.. It: S, .~ fi~nCiilf: . :.· . ·: that would cost the ownet. ·. · · year~s'state funmng-Will,. runoutAug;·3t..,,.: . . . . . . . . ·.~· . , .... · su'rprise to afl<';> ' of a $200,0~ home . : . ':' . about$7,~QmprOperty . _ Sp~\Vith . .' . ·.-· _.· Of US taxpayers taxes. ~ilntyta~ers - . ~wrters.:f:.ehm~erg. :. . h. ··.,, to··f ·t· · a4"t!;ufYfundt1;lfdistrict :. a..;;, ref\tSedtoanswetqu~ . Wnu av,e . 00 · attorney's$17;5inillion '· tio~:about anY$ilg · : : th· ·:b.ll ~: .· . ·. : :~ .budget. . .. ··. other than thiuiliit and - .. ~ I e o; I :: ' ,' • . . "

~d again thai me Will·. ~; .· com~ Ron Davts. contact FarzadMasllhoOct. ·· not resign. · · discussing cutS to unit: ' · at512-445-~. ·· ;,. ' .· !. : _,' ..

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.IN THE NEWS

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J '· •.• ' .. ·.··.slll::iSl·. ~s~-_·}.l.ltS_·.~ ~- I.(·Il.i:(.lr~ar~i;(:~8r.;.:.]{.' ·;·!~.- -~ ~- :e~ ·_·_d·... . . . ~J_t_f~~= .• .rn~!;:~:~~~:.u;.~that wo~:~r;e~~~~~=cifics, . , "'-'"''~~-~~ps;:_ ..:\~; ; .. · ., ; _., , . '-'·~ .· ·.... : .. .-. contamsaoout$7.5million to spokesman Ric~ Parsons . . .• . . . · .· Jail and entered '~~~aysln : . ~W\!t~IY~~t. :,:;;<: .. ··.dQeSJ;lJfeSJgiL_·.::··: · .·. ·:.: ·•fundthePubllclntegrltyUnit said, "we'regomgthrough · treatment.fte~ · .. ;~~~9JII)'?n~~f.i\~~, ::: , , ·, .· : · · for tbe J1e~ tw? years. : · . the.bUI;lget line by line, (The . . ' her owt; . : _'.'~fn¥1n.l?.~~~-~. :::: .JIYMike~ · . . . . The_.officta!Sco~ed~t governor)basv~rydeepcon-. . . . . . ·•/.•,{,",_·•' . . ··- :! ::~\i'':;.~~:i ·: .. -~t....- , : ·' , ·. ;r~Al.0•'1.'4:8i'.V'(.. Rl!D .. ·, · 0 mward@ste)~sman,com · . . . . ~erry. . mtepds to exerct$e hiS . cerns aboutt~e mt~grity of the , .Jine•item veto .on the appropn- Public Jntegnty Umt. • · ernor is_ going to ,do this.~ ·~If he does, this. should be ·Gov. Rick Perry is vowing · .atiori for the unit unleSs Lehm~ · :· Asked whether Lehinberg Ro8emary'~decjsion;" he said. to vt!tQ ~ding for the state's berg steps·down in the wake . . n a VIse · "If.she decides to (resign), I At!stin-ba&ed ethies"enforce- · ofa.dn:mken driving charge, ry's veto intentions, Parso . will do whatever 1 can to make. · ment U~t uDless 'frliV:is ·. something she haS stead~ · would say only that "our pOsl. SUre whoever might replace . Corinty District Attorney Rose.- · fastly refused to do so far. She tiori has been communicated her representS the interests of ·.mary l.ehmbi!rg resigns, offi· pleaded.guilcy after her April · very clearly today to Sen. Travis COunty." , 1 cilils ~nfihried~l\!Onday. : . 12 arrest in northern Trayi~ (Kirk) Watso11." .; . . : As the senator .who rep- . . P:erry h~ until Sunday to · County, serv~d a 45~ay Jail· . Watson, D-Austln, called it . .

·'· v~to bills passed by the Leg~ sentence and enteted a treat-. "very unfortunate if the gov- · Lehmberl conttntiedon A4 "'-. - ·) ':

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appointto replace Lehm· berg;shouldshereslgn.: :<;-i:·.··,_t .. '.';"·,:,t,.;i:l,_l:·;;·;·,,••.

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-· ·- · · Hertermendsin2014, · · ledpetitit~ri4ti.Veto,force :llerpoavails~the t receive .•-.: o • .: " . • Q and.Perrycould appoint a: her ouster has failed.so · subjeCt of se~eral\!DSU~ . - · · · ·· · · · · · replacement quicldyand. f;ir,-and:Dempctats have - cessfuJi_·~attempts_J1r_. some $7~5 - · ·· · rriillion· callaspeclal-electionlater- ., -- .- ' ·· -thbiyear. -. _ - .. , _ beenpushinghardforher Repu~canleadersin- : tostay-inoffice-o·sinc~-- the;TeJaHlouse.toOit Ov_e. _-_·_·r.-.- _._-y'__ e_._ ar.·_··_._,··_s.· -···be.. Lehmbergcoul(fnot; _-_2_ .. . -Perryis·aconsei'VcltiVe_.- Cuq~tptheP.ubllc,. : - r~ached for comment; Republican and ~hm~ . , In~ Unit or-to -, ·, though she bali said-sev· berg is a.Democrat: _. .- ~-' · trruisf.r its oPet:at1ons to ·· L...;,: - eral times previously · · ; Lebmberg, 63; ;was " . ~ELAt~rney GeneraL's; Lehmucrg . I tbatshe had no plans to arrested for drunken . . Pffict!-i'l'lleY insfl;ted th~ l ..COntinued fromA1 : resign. She is expected to ·dl,iving by Travis County' her~· · . t .atld conviction l return to work this week, deputies after they wer:e · ore than enough resents most of Aus$1, . . officials sai4 Monday. _. ..r.esponde4, tl) a report reaso she should not WatSon has some s-way ·· · Since her arrest arid· that a Lexus sedan was · co0:~~e-5erVing as the _an..:..·~,_~_._ __;,_._ov_._e_._r_w_._h_o-'-m--"P'-'-erry-'-"':w_._o_ul_d,;.;_'"""---'-c_o_n..:. vi_cti--'o_n_._'. :. ·P.;:.;·artts.:. .· . :.:__ ..----~~------....-~------.~ · Depti~l!$.fo~nd abottle .• _.·.:..:;·__ =~:~~-~ .·. . :rr:r~:rhey~~:T~s· : Ace;9rdingto the pro· 9fvodb on the'p~er' :pc)~:t)udget,'tfie Public an ":; · · ·seat of her car; and Iht~cy Urut is' slated to 'anatysis'oh bldOd.sample .- · rec~ite'abcitit'$3;7Dill~ ·- · .. ·.·· tater showed her bloOd; · • ltori·i#Si:ate fiiriding in Wheels For W'JShes al~qpllevel.w!ls nearly ··.. : the ;z914 fiScal year and · three times the legal limit ·· ·$3.8 million in 2015. Tbat fot drlving. . - ·· · · pay8~t6l: more than 30 . · Sb~ subsequently ~lilp)~ees who at present pleaded gullt.Y to l,l ~s! ., ~Vfl. p;tpr~ ~. 49t:l · · offense; and m addt· ~ctiV~ cases, ran~ from tio~ to the jail time, she · lllo~o~rf!.iels ~ fra,udto prud a $4,000 fine and ethics ;emorcemei.'l.t; ·· · had her driver's license It Wailn't clear who revoked for 180 days·, . woUJ(ijp_r~te those ~ pupislunent that her - ~~:9fciis~ in tl:te. attorney David Sheppard fu~~or wpat would Called "the harshest sen· · ha~ to pending · _ .. tence anybody 4as ever. ~e~~Periy ~oes the rece~~~ for·a~~~ ~!fe~e ~ZJlm~b~~~; .. rity Unit has prosecuted a variet:f of pu)Jlic officials, inctu~JaWinakers·and _ stateWide elected officials. It alSo receives about · $14 uiiWonin funding , from!'rravis County for · itt11P!·$uch as Qffice space, · comJ?il1;er:servers and .. otben.tosts; though Gregg Cox~ l:he unit's director, said ,t»at inoney does not payf9rpersoimeL- , ·• •Foriner/l'ravis Councy- Attorliey Ken Oden, a friend_ of-Lelunberg's, said Pl!rry's apparent veto threat "gets into very dicey ~rritory" of making an untoward demand on an elected official; He also said itwould not remove A~~ D.. the authority ofLehm· berg's office to investigate JEWEJ..EM official wrongdoing. 612·263-8441 • Lakeway Commons o 620 at Lakeway Blvd o Austin, TX Contact Mike Ward at 512- OF'FICIAL ROLEX .JEWELER 474-27.91. TWitter: @mlkes- tatesman CASE No. D-1-DC-13-904021 couNT I 1:! :;:~til INCIDENT No.ITRN: 9074133967 . 8 ~ NUNC PRO TUNC t) ~- 'Sb fHE STATE OF TExAs § IN THE 299TH DISTRICT B~ § (!)0 v.. § COURT r=.l!! c:> § -l! "CI- CHARLES ANTHONY MALOUFF JR. § TRAVIS COUNTY, TEXAS ~a u. § STATE ID No.: TX08928360 ·§

JUDGMENT OF CONVICTION BY JURY Date Judgment Judge Presiding: HoN. KAREN SAGE Entered: 9/24/2013 Attorney for Attorney for State: HOLLY TAYLOR Defendant: JACKIE WOOD Offense for which Defendant Convicted: SECURING EXECUTING A DOCUMENT BY DECEPTION/ENHANCED Charging Instrument: Statute for Offense: INDICTMENT 32.46(b)(7) Penal Code Date of Offense: 11/30/2010 Deme of Offense: P1ea to Offense: 1ST DEGREE FELONY NOT GUILTY ·Verdict of Jury; Findings on Deadlv Weapon: GUILTY N/A Plea to 1st Enhancement Plea to 2od Enhancement/Habitual Paragraph: NiA Paragraph: N/A Findings on 1"' Enhancement Findings on 2Dd Paragraph: N/A EnhancemenUHabitual Paragraph: N/A Punished Assessed by: Date Sentence Imposed: Date Sentence to Commence: COURT 9/24/2013 9/24/2013 FIFTEEN (15)YEARS INSTITUTIONAL DMSION TDCJ: SAID SENTENCE TO BEGIN DECMEMBER 27,2012 AND TO RUN CONCURRENT WITH CAUSE# 4:06CR00237-001 IN THE US DISTRICT COURT FOR THE Punishment and Place of Confinement: WESTERN DISTRICT OF TEXAS OFFENSE: UNLAWFUL TRANSFER OF A FIREARM STATUE: 26 U.S.C. SEC. 5812, 5861 (e), &5871 ; HE WAS SENTENCED TO THREE (3)'YEARS PROBATION IN JANUARY8, 2007; · INSTITUTIONAL DIVISION, TDCJ- 7ffl$ IS FAL'St(!tt · · TIDS SENTENCE SHALL RUN CONCURRENTLY. ~.~ 0 SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A . ~ Court Costs: Restitution: Restitution Payable to: $ N/A $ 299.00 $ 0 VICTIM (see below) 0 AGENCY/AGENT (see below) ~ Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part bereef. Sex OfTender Registration Requirements do not apply tCJ the Defendant. TEx. CODE CRIM. PROC. chapter 62. The age of the victim at the time of the offense was N/A . If Defapdant is to sam sentence in TDCJ. enter incarceration ooriods in chronological order.

/ . From 12/27/28l:a.to.9/2412013._ _ F.~m to From to Time From to From to From to Credited: . ~~:::~;.~to s~;n;Sn;e~:ntv jan or js given credit toward line and costs. enter days credited below. ~". (/.,-f>

All penlnent Information, names ud assessments Indicated abo've are incorporated into the language of the judgment below { ~- ' ' This cause was called for trial in Travis County, Texas. The State appeared by her District Attomey. ~~~.., ~ Counsel/ Waiver of Counsel (select one) \ _~ ·~ 0 .\ ~ » I8J Defendant appeared in person with Counsel. \ Q\.r.'( .~' ~ \ Charles A. Malouf!, Jr., (Ret. M.P.o., M.B.O). P.O. Box 118 Cedar Park, Texas 78630 (512)796-7000 .char/ie@cmenergies. com

SUMMARY Chief Executive Officer responsible for management and corporate development and implementation of domestic and international Alternative Energy programs in the United States and Mexico. Domestic and International Patents holder of CM Energies' Vertical Axis Wind Energy System. Honorably Retired Chief of Police and Emergency Services Specialist with over 29 years of diverse experience and background that encompasses law enforcement, maritime and military law, counter-terrorism, education, management, and international private business services. Proven perfonnance in leadership, management, highly advanced investigations and examinations of violations of law including Maritime laws, contract negotiations, research, strategic planning, development, quality assurance, general and specialized presentations, presentation and evaluation of commercial and specialized products and training.

Key skills include:

• Experience in corporate upper-level management • Experience in international business development • Experience in successful NEP A Environmental Assessments and Environmental Impact Studies related to wind energy projects • Experience in upper-level management in state, county and municipal law enforcement • Over 20 years supervisory and management experience • Over 10 years experience in successful grant writing • Senior Sea Marshal, U.S. Coast Guard, Port of Houston • Supervisory Reservist, U.S. Coast Guard, Special Missions Team, Galveston • Executive Board Member and multiple term Vice-President South Region, Texas Narcotic Officers Association • Graduate Chief's Developmental Program Series 1-II-LEMIT • Graduate of the Coast Guard Maritime Law Enforcement Boarding Officers School (Leadership and Command Course) with more than 29 years law enforcement experience • Instructor certification and experience in numerous areas, including fmancial crimes, grant writing, identity theft, field training, firearms, cultural diversity, maritime interdiction, counter-terrorism, organized crime, defensive tactics/less lethal and impact weapons • Completed training and demonstrated experience in US Department of Labor Facilitation Management • Experience in strategic planning involving multi jurisdictions and geographic areas • Experience in training coordination, planning, development, delivery and evaluation + Experience in budget development and fiscal responsibility + Experience in commercial!military sales, business management, and multi-organizational research and development • Extensive experience in emergency services, dealing with crisis situations regularly • Extensive experience in Organized Crime, Public Integrity, Fraud and other Criminal Investigations • Key coordinator between Coast Guard and civilian law enforcement agencies • Experience with FBI Joint Terrorism Task Forces, US Attorney Anti-Terrorism Task Forces • 10 year Guest Lecturer Criminal Justice Department Advanced Criminal Investigations Texas State University

,_, Charles A. Malouff, Jr. 2

Awards and Achievements Honorably Retired Chief of Police. Master Peace Officer. Silver Star for Gallantry. Purple Heart. U. S. Air Force Outstanding Unit Award, Presidential Citation, assigned to dignitary protection detail for Shah of Iran, 1979. U.S. Coast Guard Commandants Letter of Cmmnendation, for investigating and identifying Eastern Bloc foreign operative (Russian Spy) operating in Port of Houston. Coast Guard Commendation Medal (2). U.S. Coast Guard District 9 Life Saving Award. Command Letter of Appreciation for performance during Cmmter-Smuggling operations, U.S.-Canadian Border. Graduate of Law Enforcement Management Institute of Texas, Chief's Development Program Series I and II. Graduate of the Coast Guard Maritime Law Enforcement Boarding Officers School. Over 3,150 hours TCLEOSE recognized training, and 160 college credit hours, Majoring in Criminal Justice. Participant- Operation Iraqi Freedom. Participant-Operation Enduring Freedom Senior Enlisted Supervisor, Physical Security Team, Coast Guard Special Missions Team, MSST 91104. Boarding Team Supervisor. First Sea Marshal, Port of Houston. Senior Sea Marshal Port of Houston. Outside Agency Coordinator. Member U.S. Attorney's Office Anti-Terrorist Task Force. Member FBI Joint Terrorism Task Force (JTTF). Rewrote Coast Guard Tactical Operations and Defensive Tactics-Post 911. Other pre-911 duties included Maritime Investigations, MSO Houston. Responsible for closing 163 out of 166 narcotic cases against mariners between 1999 and 2000. Staff Member, Planning Division MSO Houston. Developed USCG Gulf Coast Hurricane Planning Committee Operations Plan For Regional Gulf Coast Area Emergency Operations 2000. Created and developed initial Strategic Threat Assessment Against the Port of Houston 2000-2001. Multi-Agency (Federal, State and local) Coordinator for 1122 and 1033 Programs (1988-2005). TCLEOSE Law Enforcement Instructor. Specialized instruction in Organized Crime, Money Laundering, Identity Theft, Narcotics, Terrorism, Undercover Operations, Ballistic Shield Tactics. Recognized expert in ballistic materials and applications. Maritime Law Enforcement Boarding Officer-Instructor. Master Instructor, Precision Ordnance Products, including Less Lethal and Explosive devices. ASP Instructor. Tactical Training Instructor. Advanced FBI Firearms Instructor. TCLEOSE Firearms Instructor. NRA Police Firearms Instructor. Personal Protection Instructor. Home Fireanns Responsibility Instructor experienced in static and dynamic frreanns training. ASP Baton Instructor. OC Chemical Restraint Instructor. Less Lethal and Explosive Devices Instructor. Defensive Tactics Instructor, Guest· Lecturer to Southwest Texas State University Criminal Justice Division on ..Conspiracy, the Making of an Organized Crime" (1997-2005). Guest Instructor Texas Hispanic Peace Officers Association 2005. Texas Municipal Police Association Member (2003- ). Staff Instructor, Cypress Creek Advanced Tactical Team Tactical Emergency Medical Services Training Unit (CCATTrrEMS), Houston, Texas (2000-2005). Member U. S. Attorney's Anti-Terrorism Task Force. Vice-President, South Region, Texas Narcotic Officers Association (2005- 2006). Vice-President, South Region, Texas Narcotic Officers Association (2004·2005). Regional Director, South Region, Texas Narcotic Officers Association (2002-2004). Training Coordinator, South Region, Texas Narcotic Officers Association (2001-2002), Member, Texas Narcotic Officers Association (1997-2006), Assigned to dignitary protection details for Pope Paul, and President Reagan. Analyzed, developed, and published three-part article on tactical vehicle assaults published in Command Magazine 1998. Published article on Ballistic Shield Usage in Command Magazine 1996. Presented Special Confidential Report(Organized Crime and Money Lawldering) to the Treasurer, State of Texas, 1990. Lead Agent in coordination, development, and operation of multi-agency Organized Crime Task Force in Fort Worth area, 1991-92. Created and developed Confrontation Management Course instructing in traditional Riot Control, and Confrontation Management techniques Charles A. Malou.ff, Jr. 3

and Field Force Options for the Director of Criminal Justice Division, Lamar University, Beaumont, Texas .. One of :five civilian tactical instructors invited by U.S. Air Force Security Police to participate as staff instructors in 'Urban Tactics" (advanced SWAT) Course at Fort Dix, New Jersey. Former faculty member of "Top Gun" Investigation and Prosecution of Drug Cases, Sea Girt, New Jersey. Former member of U.S. Air Force's first Anti-Terrorist Tactical Neutralization Team. Former member of American Society of Law Enforcement Trainers (AS.L.E.T.). Former member of National Rifle Association (N.RA.). One of two participants in review and modification of Chapters 154 and 155, Texas Tax Code resulting in Legislative changes directed toward black market of cigarettes, 1990. Former representative to FBrs Central Texas Terrorist Working Group. Former member, Dallas/Fort Worth Retail Merchants Security Association. Former alternate member of Regional Organized Crime Information Center. Former member, Texas District and County Attorneys Association. Former member, Combined Law Enforcement Association of Texas.

Vietnam Era Veteran. ;; .. ,-

Amalia Rodriguez-Mendoza · ~1.4 ·n-avis County District Clerk I . Travis County Courthouse Complex P.O. Box679003 Austin, Texas 78767-9004

November 20, 2014

Charles Anthony Malouff Jr TDC#0892836 F. C. I #66089179 P. 0. Box 1010 Bastrop, Texas 78602

Re: D-1-DC-13-904021-A

THE STATE OF TEXAS VS. Charles Anthony Malouff Jr.

DEAR SIR OR MADAM:

{ } YOUR REQUEST FOR COPIES IN THE ABOVE CASE(S) HAS BEEN RECEIVED. COST FOR COPIES ARE _ _ _ _ _ _ AND WE WILL FORWARD YOUR COPIES UPON RECEIPT OF FOR TOTAL COST. PLEASE MAKE CHECK PAYABLE TO AMALIA RODRIGUEZ-MENDOZA, DISTRICT CLERK OF TRAVIS COUNTY, TEXAS.

{ } YOUR REQUEST FOR THE TRANSCIPT OF YOUR CRIMINAL PROCEEDING(S) HAS BEEN RECEIVED. YOU ARE HEREBY ADVISED THAT IT WILL BE NECESSARY FOR YOU TO CONTACT THE OFFICAL COURT REPORTER OF THE DISTRICT COURT AT PO BOX 1748, AUSTIN, TEXAS 78767. HE/SHE CAN DISCUSS HIS/HER COURT COST AND PAYMENT PROCEDURE WITH YOU CONCERNING A TRANSCRIPT.

{X} AITACHED ARE COPIES REGARDING YOUR APPLICATION FOR POST CONVICTION WRIT OF HABEAS CORPUS: ORDER DESIGNATING ISSUES AFFIDAVIT IN RESPONSE TO APPLICATION FOR WRIT OF HABEAS CORPUS STATE'S ORIGINAL ANSWER _x_ FINDINGS OF FACT, RECOMMENDATION, AND ORDER TO TRANSMIT HABEAS CORPUS RECORD (POST CONVICTION APPLICATION) ORDER TO TRANSMIT OTHER:

{ } YOUR REQUEST IS BEING RETURNED, AS WE ARE UNABLE TO DETERMINE, WITH UNCERTAINTY, WHAT YOU ARE ASKING. PLEASE BE MORE SPECIFIC AS TO YOUR NEEDS.

RESPECTFULLY, AMAliA RODRIGUEZ MENDOZA DISTRICT CLERK OF TRAVIS COUNTY, TEXAS

Administrative Offices Civil and Family Division Criminal Division Jury Office (512) 854-9737 (512) 854-9457 (512) 854-9420 (512) 854-9669 fax: 708-4744 fax: 854-9549 fax: 708-4566 fax: 708-4457 "•

NO. D-l-DC-13-904021-A

EX PARTE § IN THE 299m JUDICIAL § § DISTRICT COURT OF § CHARLES A MALOUFF, JR. § TRAVIS COUNTY, TEXAS

FINDINGS OF FACT, RECOMMENDATION, AND ORDER TO TRANSMIT-HABEAS CORPUS RECORD (POST CONVICI'ION APPLICATION)

ON TillS ffday of No~btf?--:: 2014, came on to be considered the Application for Writ of Habeas Corpus in the above cause. The court makes the following findings

of fact and conclusions of Jaw.

1. A jury found applicant guilty of securing execution of a document by deception. The court assessed punishment at confinement for fifteen years. Sentence was imposed September 24, 2013.

2. Applicant's appeal is still pending. Counsel filed an brief for applicant on November 11,2014. No.03-13-723~FL

· 3. This application was filed November 3, 2014, and must be dismissed because the appeal is still pending.

On the basis ofthe above findings and conclusions the court recommends that the application

be DISMISSED because applicant's appeal is stiiJ pending.

The court hereby ORDERS that the District Clerk ofTravis County prepare and transmit the

record herein to the Court of Criminal Appeals.

Filed in The DistriCt Court of Travis County. texas

NOV~ Al ~...... Ctett AsPaBa Jl. -. -------------------------------,---~

• Complete Items 1, 2, and 3. Item 4 if Restricted Delivery • Print your name and address on the rev&r!le so that we can ratum the card to you. _- • Attach this card to the back of the mallpiece, or on the front if space pennlts. 1. Miele Addressed to: 1'"fU\,] ,.., ~ \:X$;tJC.r- Coua:a c.l~vc:. ~ w tl-#7 <;-r f4vt 1.&-1· Jh.n.t..., 1 'TX 7b701_

2 • ==servfcefabel)!- 7011 0470 DODD 5935 8411 · PS Form 3811, February 2004 Domesuc Return ReCeipt ' 102595•02-f""1540 ! . --i

/ --· ,, , /

OFfiCE OF TIJE CHIEF DISCIPLINARY COUNSEL STATE BAR OF TEXAS GRIEVANCE FORM

I. ·GENERAL INFORMATION

Before you fill out this paperworl4 there may be a faster way to resolve the issue you are currently having with an attorney. . . 1f you are considering filing a grievance against a Texas attorney for any of the following reasons:

You believe your attorney is neglecting your case. Your attorney does not return phone calls or keep you infonned about the status of your case. . You have fired your attorney but are having problems getting your file back from the attorney.

You may want to consider contaetbig the Client-Attorney Assistance Program (CAAP) at l-800-932-1900.

CAAP was established by the State Bar of Texas to help people resolve these kinds of issues with attorneys quickly, without the tiling of a fonnal grievance. CAAP can resolve many problems without a grievance being filed by providing infonnation. by suggesting various self-help options for dealing with the situation. or by contacting the attorney either by telephone or letter.

l have ___ I have not X contacted the Client-Attorney Assistance Program.

NOTE: ·Please be sure to fill out each section completely. Do not leave any section blank. If you do not know the answer to any question, write "I don't know." ·

II. INfORMATION AllOLJf YOU- PLEASE KEEP CURRENT 0Mr.. I. TDCJ/SID I# 08928360 r. Ms. Name: Charles A. Malouff. Jr. Immigration##------

Address: #66089-179 FCI Bastrop

P 0 Box 1010

City: Bastrop State: Texas Zip Code: ·_.7;_;8=..;6=...;0;:..:2:;___ _

0411 ' . 2. Em~oye~ Federal Bureau Of Prisons

Employer'sAddress: 1341 Hwy 95 North, Bastrop, TI 78602

3. Telephone number: Residence------ Work: 512.321.3903 Other:-------

4. Drivers License# ~0:.:3:..::7...:7~0:..;:4:..;:4!;..:2.___ _ _ _ Date of Birth 12.2 7. 57

5. Name, address, and telephone number of person who can always reach you.

Name Bradley Romine Address 1341 Hwy 95 North

Bastrop, Texas 78602 Telephone 512.321.3903

6. Do you understand and write in the English language? _Y_e_s_ _...,.--.-~-- lfno, what is your primary language? _______ Who helped you prepare this form?_S~e;:;.l.;:;;;.f_ _ _ _ _ _ _ _--:----- Will they be available to translate future correspondence during this process? _ _ __

7; Are you a Judge? . :;:Nc..:o_ _ _ _ _ _ __ If yes, please provide Court, County, City. State: - - - - - - - - - - - - - - -

Ill. INFORMATION ABOUT AnORNEV

Note: Grievances are not accepted against law firms. You must specifically name the attorney against whom you are complaining. A separate grievance fonn must be completed for each attorney against whom you are complaining.

1.· Attorney name: Tamara Needles Address: 2001 Key West Cove

City: Austin State: Texas Zip Code:---=-7.:.8.:_74..:. 6: :. .-_ _ __

2. Telephonenumber: Work 512.329.994-lome Other _ _ _ _ __ ------~

3. Have you or a member of your family filed a grievance about this attorney previously? Yes No_!_ If ·•yes.., please state its approximate date and outco~e. _ _ _ __

0411 2 Have you or a member of your family ever tiled an appeal with the Board of Disciplinary Appeals about this attorney? ,

Yes __ No__!_ lf"'yes;· please state its approximate date and outcome.

4. Please check one of the following: This attorney was hired to represent me. X This attorney was appointed to represent me. This attorney was hired to represent someone else.

Please.give the date the attorney was hired or appointed.Appoin:tvd Co.-Counsel Spring 2013

Please state what the attorney was hired or appoi~ted to do. Defend. me in state court against a first Degree Felony

5. Whatwasyourfeearrangementwiththeattorney? She was paid by the court

Whatever the judge authorized How much did you pay the attorney?

If you signed a contract and have a~ please attaeh. If you have~ of cheeks and/or receipts, please attach. Do not send originals.

6. If you did not hire the attorney. what is your connection with the attorney? Explain briefly

7. Are you currently represented by an attorney? .....;Y:..:e::;.:s=-------- lf yes. please provide information about your current attorney: Ariel Pay an

1012 Rio Grande, Austin, Texas 78701

\._ . 8. Do you claim the attorney has an impairment, such as depression or a substance use .disorder? If yes, please provide specifics (your personal observation_s of the attorney

0411 3 . such as slurred speech. odor of alcohol. ingestion of alcohol or drugs in your presence etc .. including the date you observed this. the time of day. and location).

No

9. Did the attorney ever make any statements or admissions to you or in your presence that would indicate that the attorney may be experiencing an impairment, such as depression or a substance use disorder? If so. please provide details.

IV. INFORMATION ABOUT YOUR GRIEVANCE

I. Where did the activity you are complaining about occur?

·County: Tray is. City: A.u~tin

2. If your grievance is about a lawsuit. answer the following, if known:

a. Name of court 299th District Court, Travis Coun·ty

b. Titleofthesuit State of Texas v Charles A. Malouf£, Jr.

c. Case number and date suit was filed D-1-DC-13-902041 October 11,2011

d. If you are not a party to this suit, what is your connection with it? Explain briefly.

N/A

Ir you have~ of court'documents, please attach.

J. Explain in detail why you think this attorney has done something improper or has failed to do something which should have been done. Attach additional sheets of paper if .necessary.

If you have~ of letters or other documents you believe are relevant to your grievance, please attach. Do not send prlg;lnals.

Include the names, addresses, and telephone number of all persons who know something about your grievance.

0411 4 \_

DETAILED EXPLAINATION WHY TAMARA NEEDLES VI~LATED THETEXAS .DISCIPLINARY RULES OF PROFESSIONAL CONDUCT

According to Webster's Dictionary: BLATANT is defmed as: Offensively conspicuous; obtrusive; obvious; blatant ·lie. LIE is defined as: A false statement or piece of information deliberately presented as being true; a falsehood. To pres.~nt false information with the intention of deceiving. A condition of deceit. DECEIT is defined as: Misrepresentation, deception, falseness. HONESTY is defined as: The capacity or condition of being honest. Integrity. Trustworthiness. Truthfulness.. Implies fairness in dealing and absence of fraud, deceit and dissembling. FRAUD is defined as: A deception deliberately practiced in qrder to secure unfair or unlawful gain. MISREPRESENTATION is defined as: To give an incorrect or misleading representation. To serve incorrectly or dishonestly as an: official representation.

According to Black's Law Dictionary: LIE is defined as: To tell an untruth; to speak or write falsely. DECEIT is defined as: The act of intentionally giving a false impression; A false statement of fact made by a person knowingly or recklessly with the intent someone else will · detrimentally rely on it. FRAUD is defined as:. A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. MISREPRESENTATION is defined as:. The act of making a false or misleading assertion about something usually with the intent to deceive. The word denotes not just written or spoken words, but also any other conduct that amounts to a false assertion.

Jackie Wood took over my case from Daniel H. Wannamaker in November 2011. She was told from the beginning of my representation that I was set up and that this case wa~ a cover up by the . U.S. Department of Energy, the Travis County District Attorney, the Texas Comptroller and the City of Jonestown, to the Destruction Of A Federally Funded Energy Project, and the other · crimes of A~empted Murder, Theft of Trade Secrets, Abuse of Office, Destruction of Evidence, Official Oppression, Coercion, Falsifying Tlffie Sheets, Malfeasance by Federal Agents, and other crimes. And, that the flash bang diversionary devices I was accused of being in illegally in possession of were planted in my shed, four days after I was arrested and still in jail, AFfER the District Attorney searched and trashed. my house and the shed where they were located and found nothing. As second string co-counsel, Tamara Needles, brou-ght in late after Wood's first co-counsel vacated, would have been informed of all of this in bringing her up to speed as part of the Defense Team.

I told Wood, in the presence of Tom Walsh, our investigator, Katrina, her paralegal, and her then co-counsel, who I do not remember her name, as she did not stay long on the case, and was replaced by Needles, that I could not get a fair trial because of the relationship of Judge Karen Sage, the trial judge, and Rosemary Lehmberg, the District Attorney, Kirk Watson, and other persons in the Capital Area Progressive Democrats .. Wood told me then, that Karen Sage was "my best friend" and their friendship was a good thing, referri~g to her judicial integrity. Tamara Needles is well versed in the personal "best friend" relationship between Jackie Wood and Karen Sage.

In almost one year of incarceration, Tamara Needles and Jackie Wood visited me either four or five times total, collectively amounting to about 1.5 hours of official visitation. The Travis County Jail has the official visitation records and there are NO r_ecorded visits at FCI Bastrop. This was a capital crimes case that was over a month just on the prosecution side, and im expected up to six weeks of defense presentation.

· In Jackie Wood's last visit with me in the Travis County Jail, just prior to trial, she again told me Karen Sage was her' ''bes·t friend" and "Karen has my back." While they may be "best friends"," the way and meaning imposed on m:e by Jackie Wood, was that Sage would rule her decisions in favor of her "best friend." I took it this way as Sage was so confident in -.~er negligence to visit with me, after having told me "no one knows more about this case than you do."

Tamara Needles and Jackie Wood JJLATANTLY LIED and DECEIVED me in their FRAUDULENT and MISREPRESENTED (as defined above) relationship between Jackie Wood and the trial judge, Karen Sage, and Wood's expectation of decisions, regarding me and my case. Needles words, confidence, and intent were conduct that was impressed in a manor that exhibited in the confidence Sage would decide key judicial decisions in favor of her "best friend." This reliance on the ''best friend" relationship, based on the conduct of both Tamara Needles and Jackie Wood, stated below, falls on the unethical and irresponsible conduct of Tamara Needles.

According to the Texas Disciplinary RuleS of Conduct, Rule 8.02(a) "A lawyer shall not make a statement the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualification or integrity of a judge." This statement alone, with it intended message that my trial counsel was expecting "best friend" favoritism from the trial judge in a capital crime case. Tamara Needles violated Rule 8.02(a} whell she made the statements with reckless disregard as to their truth or falsity concerning the integrity of Judge Karen Sage.

Sage heard testimony the jury did not. She was privy to behind· closed door conversations between the defense and the prosecutor. She listened to Travis County Sheriff's Deputy Toby Miller admit to falsifying timesheets and committing· multiple felonies. She heatd repeated arguments of ongoing (and still ongoing) Brady violations. She listened to Travis County District Attorney Investigator, Lori Carter admit to violating my Miranda and "targeting" me for free speech, three major Constitutional violations. She listened to other Government witnesses, some from agencies that have law enforcement Criminal Investigation sections that reviewed the grant, and searched Mary Jo Woodall's work computer weeks before Carter applied for her warrants, and the DA's own forensic auditor all say there was no crime, when

., "she got it" as described by Needles and Wood, and visibly observed by me, by her throwing her head to the side and sitting back in her seat with a look of disgust. (Courtroom security cameras should have that on tape). On August 20th, Sage ruled that Carter mislead the magistrate. It was clear by the testimony of Carter and Miller, (in Sage's own words) this was a " ••. travesty of justice." Sage's failure to grant a mistrial, or dismiss with prejudice, and her· mlings and failures to rule on other motion's, in contrast to my attorney's expectation of favoritism manifested an already ongoing miscarriage of justice~ and rendering my trial so fundamentally unfair it violated my due pro~. Making this egregious unconstitutional situation worse, was the irresponsible and unethical conduct of Needles and Wood in using "best friend" favoritism as an excuse not to put on a defense.

Tamara Needles violated Rule 8.04 (a) (1) when she personally and, through the acts of another, Jackie Wood, in conference just prior to the Defense resting, violated Rule 8.04 (3) engaged in conduct involving dishonesty, fraud, deceit and- misrepresentation, again impressing mi'"me that Karen Sage "got it!" and ''Karen's got ~t!" and Wood's statement, "Karen's got my backt" and both Needles and Wood saying "trust me" and "we should rest" violating Rule 8.04 (a) (5) ''state or imply an ability to influence improperly a government agency or official", misrepresenting and deceiving me into believing, as Sage's "best friend" they had already arranged for favored decisions from Sage and that I should throw away my opportunity for a defense presentation that was ''several weeks" worth of exculpatory witnesses and evidence. During this conversation I told both Needles and Wood I wanted to challenge prosecution witnesses and at least have several of the Defense witnesses testify. They continued to impress on nie Karen Sage "got It!" and "Karen's got it!" and "Karen's got my back!" and "trust me" and ''we. should rest" There is no ethical or responsible trial strategy in intentional deception and misrepresentation of the expected conduct of a trial judge. As officers of the court~ their statements and conduct can only be taken as "true''. (See attached Judicial Misconduct complaint).

I am a decorated and Honorably Retired Chief of Police and Mil~tary Veteran (see attached resume and pardon petition that Sage heard testimony from me regarding the related case) and I do not make these allegations frivolously, or take the severity of this complaint lightly. VI. ATTORNEY-CLIENT PRIVILEGE WAIVER

I hereby expressly waive any attorney-client privilege as to the attorney, the subject of this grievance, and authorize such attorney to reveal any infonnation in the professional relationship to the Office of Chief Disciplinary Counsel of the State Ba.r of Texas. . . I understand that the Office of Chief Disciplinary Counsel maintains as confidential the processing of Grievances.

Signature:--~------·------ Date: Z. 8 >V'. l\ 1 1 '-1- TO ENSURE PROMPT ATTENTION, THE GRIEVANCE SHOULD BE MAILED TO:

THE OFFICE OF CHIEF DISCIPLINARY COUNSEL P.O. Box 13187 Austin, Texas : ~., 78711 ,;---

0411 6 '• - r' I'

OFFICE OF THE CHIEF DISCIPLINARY COUNSEL. STATE BAROFTL~AS. GRIEVANCE FORM

(. GEN[RAL INFORMATION

Defore you fill out this paperwork, there may be a faster way to resolve the issue you are currently having with an attorney.

If you are considering filing a grievance against a Texas attorney for any of the following reasons:

You believe your attorney is neglecting your case. Your attorney does not return phone calls or keep you infonned about the status of your case. · You have fired your attorney but are having problems getting your.tlle.back from ttie attorney. ·

You may warit to consider contacting the Client-Attorney Assistance Program (CAAP) at 1-800-932-1900.

CAAP was established by the State Bar of Texas to help people resolve these kinds of issues with attorneys quickly. without the tiling of a fonnal grievance.·

CAAP can resolve many problems .without a grievance being filed by providing intormation~ by suggesting various self-help options for dealing with the situation, or by contacting the attorney either by telephone or letter.

J have ___ I have not _xA-_ contacted the Client-Attorney Assistance Program.

NOTE: Please be sure to fill out each section completely. Do not· leave any section blank: Uyou do not know the answer to any question, write "I don't know."

II. INFORMATION AOOlJf You-- PLEASE KEEP CURRENT · J('XMr. I. TDCJ/SJD # 08928360 I"!Ms. Name: Charles A. Malouf£, Jr. Immigration#------ Address: #66089-179 FCI Bastrop

p a. Box 1010

City: Bast ro 11 State: Texas Zip Code: 78602

0411 ·I! 2. Employer: Federal Bureau Of Prisons

Employer's~ddress: 1341 Hwy 95 North, BaStrop, TX 78602

J. Telephone number: Residence------ Work: 51 2. 321 3003 . Other:-------

4. Drivers License# 03770442 · Date of Birth 1 2. 21 51

5. Name. address. and telephone number of person who can always reach 'you.

Bastrop, Texas 78602 Telephone 512. 321. 3903 . -;- ~~ ,. .

6. · Oo you understand and write in the English language'? --.Y.;e.:;;s_ _ _ _ _ __ If no, what is your primary language?----- Who helped you prepare this form? __,S~e=-1=-f-~----------- Will they be available to translate future correspOndence during this process? _ _ __

7. Are you a Judge? _.aN.uo'-------- lf yes. please provide Court. County, City, State: - - - - - - - - - - - - - - -

Ill. INFORMATION 1\DOUT ATTORNEY

Note: Grievances are not accepted against law firms. You must specifically name the attorney against whom you are complaining. A separate grievance form must be completed for each attorney against whom you are complaining.

I. Attorney name: Jackie Wood Address: 805 W. lOth St., #101

City: Austin Stale: Texas Zip Code:.,_ ...... 7...,8..._7..... 0..._1_ _ __

2. Telephone number: Work 512.300.4428orite _ _ _ _ _ __ Other-------'-

3. Have you or a member of your family filed a grievance about this attorney p~iously'? Yes No_!__ Jf·'yes•·, please state its approximate date and outco!lle. - - - - -

0411 2 Have you ora member of your family ever filed an appeal with the Board of Disciplinary Appeals about this attorney?

Yes __ No _x lf"'yes,'' please state·its approximate date i\nd outcome.

4. ·Please check one of the following: This attorney was hired to represent me .. X This attorney was appointed to represent me. This attorney was hired to represent someone else.

Please give the date the attorney was h~red or appointed. Noyemper 201 2

Please state what the attorney was hired or appoin~ed to do. Defend me

in state court against a'ii'irst Degree Felony

5. What was your fee arrangement with the attorney? She was paid by the court

How much did you pay the attorney? Whatever the 1 udge authorized

tryou signed a contract and have a~. please attach. rr you have~ ol checks and/or reeelpts., please attaeh. Do not send originals.

6. If you did not hire the attorney. what is your connection with the attorney? Explain brietly N/A .

7. Are you currently represented by an attorney? _ _ Y~ s . . If yes. please provide information about your current attorney: Ariel Payan

8. Do you claim the attorney has an impairment•.such as depression or a substance use disorder? If yes. please provide specifics (your personal observations-of the attorney

0411 J such as slurred speech, odor of alcohol, ingestion of alcohol or drugs in your presence etc., including the date you observed this, the time of day, and location).

(), Did the attorney ever make any statements or admissions to you or in your presence that would indicate that lhe attorney may be experiencing an impainnent, such as depression or a substance use disorder? If so, please provide details.

County: Trayj s City: Austi 11

2. If your grievance is about a lawsuit, answer the following. if known:

a. Name of court 299th District Court. Trayi s Couuty

b.TitleofthesuitState Of Texas y. Charles A, Ma]ouff, Jr c. Casenumberanddatesuitwasfiled D-1-DC-13-902041 oc·tober 11, 2011

d. If you are not a party to this suit, what is your connection with it? Explain briefly. N/A ----------------------------~------------------------------ Ir you have~ of court doeuments, please attach.

J. Explain in detail why you think this attorney has done something improper or has failed to do something which should have been done. Attach additional shee~s of paper if necessary ..

If you have~ of letters or other documents you believe are relevant to your grievance, please attach. Do not send originals.

Include the names, addresses, and telephone number of all persons who know something about your grievance. ·

0411 4 DETAILED EXPLAINATION WHY JACKIE WOOD VIOLATED THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT

According to Webster's Dictionary: BLATANT is defined a~: Offensively conspicuous; obtrusive; obvious; blatant lie. LIE is defined as: A false statement or piece of information deliberately presented as being true; a falsehood. To present false information with the intention of deceiving. A condition of deceit. DECEIT is defined as: Misrepresentation, deception, falseness. HONESTY is defined as: The capacity or condition of being honest. Integrity. Trustworthiness. Truthfulness. hnplies fairness in deiiling and absence of fraud, deceit and · dissembling. FRAUD is defined as: .ii.. deception deliherately practiced in order to secure unfair or unlawful gain. MISREPRESE~ATION is defined as: To give an incorrect or misleading representation. To serve incorrectly or dishonestly as an official representation.

According to Black's Law Dictionary:· LIE is defined as: To tell an untruth; to speak or· write falsely. DECEIT is defined as: The act of intentionally giving a false impression; A false statement of fact made by a person knowingly or recklessly with the intent someone else will detrimentally rely on it. FRAUD is defined as: A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. l\tllSREPRESENTATION is defmed as: The act of making a false or misleading assertion about something usually with the intent to deceive. The word den_otes not just written or spoken words, but also any other conduct that amounts to a false assertion.

Jackie Wood took over my case from Daniel H. Wannamaker in-November 2011, who was removed because of a Conflict of Interest. She was appointed by her "best friend", Karen Sage, the trial judge. She was told from the beginning of my representation. that I was set up and that this case was a cover up by the U.S. Department of Energy, the Travis County-District Attorney, the Texas Comptroller and the City ofJonestown, to the Destruction Of A Federally Funded Energy Project, and the other crimes of Attempted Murder, Theft ·of Trade Secrets, Abuse of Office, Destruction of Evidence, Official Oppression, Coercion, Falsifying Time Sheets, Malfeasance by Federal Agents, and other crimes. And, that the flash. bang diversionary devices I was accused of being in illegally in possession of were planted in my shed, four days after I was arrested and stiJI in jail, AFrER the District Attorney searched and trashed my house and the shed where they were located and found: nothing. As second string co-counsel, Tama1ftNeedles, brought in late after Wood's frrst co-counsel vacated, would have been informed of all of this in bringing her up to speed as part of the Defense Teani.

I told Wood, in the presence of Tom Walsh, our investigator, Katrina, her paralegal, and her then co-counsel, who I do not remember her name, as she did not stay_ long on the case, and was replaced by Needles, that I could not get a fair trial because of the relationship of Judge Karen Sage, the trial judge, and Rosemary Lehmberg, the District Attorney, Kirk Watson, and other applied for her warrants, and the DA's own forensic auditor all say there was no crime, when · "she got it" as described by Needles and Wood, and visibly observed by me, by her throwing her head to the side and sitting back in her seat with a look of disgust. (Courtroom sectlrity cameras should have that on tape). On August 20th, Sage mled that Carter mislead the magistrate. It was clear by the testimony of Carter and Miller, (in Sage's own words) this was a " .•. travesty of justice." Sage's failure to grant a mistrial, or dismiss with prejudice, and her rulings and failures to rule on other motion's, in contrast to my attorney's expectation of favoritism manifested an already ongoing miscarriage of justice, and rendering my trial so fundamentally unfair it violated my due process. Making tl:lis egregious unconstitutio.nal sintation worse, was the irresponsible and unethical conduct of ~eedles and Wood in using "best friend" favoritism as an excuse not to put on a defense.

Jackie Wood violated Rule 8.04 (a) (1) when she personally and, through the acts of another, Tamara Needles, in conference just prior to the Defense resting, violated Rule 8.04 (3) engaged in conduct involving dishonesty, fraud, deceit and misrepresentation, again impressing on me that Karen Sage "got It!" and ''Karen's got it!" and Wood's statement; ''Karen's got my back!" and both Wood and Needles saying "trust me" and "we should rest" violating Rule · 8.04 (a) (5) "state or imply an ability to influence improperly. a government agency or official", misrepresenting and deceiving me into believing, as Sage's "best friend" they had already arranged for favored decisions from Sage and that I should throw away my opportunity for a defense presentation that was "several weeks" worth of exculpatory witnesses and evidence.

During 'this conversation I told both Wood and Needles I wanted to challenge prosecution witnesses and at least have several of the Defense witnesses testify. They continued to impress on me Karen Sage "got it!" and "Karen's got it!" and ''Karen's got.my back!" and "trust me" and "we ·should rest" There is no ethical or responsible ''trial strategy" in intentional deception and misrepresentation of the expected conduct of a trial judge;. As officers of the court, their statements and conduct can only be taken as "true". (See attached Judicial Misconduct complaint). I am a decorated and Honorably Retired Chief of Police and Military Veteran (see attached resume and pardon petition that Sage heard testimony from me regarding the related case) and I do not make these allegations frivolously, or take the sevetity of this o.omplaint lightly. VI. ATTORNEY-(::LIENT PRIVILEGE WAIVER

I hereby expressly waive any attorney-client privilege as to the attorney. the subject of this grievance. and authorize such attorney to reveal any information in the professional relationship to the Office ofChiefDisciplinary Counsel of the State Bar ofTexas.

I understand that the Office of Chief Disciplinary Counsel maintains as confidential the processing of Grievances. ~ Date: "2 e £..4-A A-'1 t4 Signature:------------- To ENSURE PROMPT ATTENTION, TilE GRIEVANCE SHOULD BE MAILED TO:

THE OFFICE OF CHIEF DISCIPLINARY COUNSEL P.0. Box 13287 Austin, Texas 78711

0411 6 _ ...i

AMENDED

OFFICE OF THE CHIEF DISCIPLINARY COUNSEL STATE BAR OF TEXAS GRIEVANCE FORM

(. GENERAL INFOR ATION

Before you fill Olljt this paperwork. there may be a faster way to resolve the issue you ~recurrently haliing with an attorney.

If you are conside ing filing a grievance against a Texas attorney for any of the following reasons:

You believ your attorney is neglecting your case. Your atto ey does not return phone calls or keep you infonned about the status ofyourcas . You have red your attorney but are having problems getting your file back frOm the attorne .

You may want to consider contacting the Cliellt-Attomey Assistance Program (CAAP) at t-800-932-1900.

CAAP was established by the State Bar of Texas to help people resolve these kinds of issues with attorneys quickly, without the tiling of a fonnal grievance.

C AAP can resolve many problems without a grievance being filed by providing intormation. by suggesting various self-help options for dealing with the situation, or by contacting the attorney either by telephone or letter.

I have___ I have not ~X=--- contacted the Client-Attorney Assistance Program.

NOTE: Please be sure to fill out each section completely. Do not leave any section blank. If you do not know the answer to any question, write ..1 don't know."

II. INfORMATION AROIIT You-- PLEASE KEF.P CURRENT IX llllr. I. TOCJ/SID# 08928360 rMs. Name: Charles A. Malouff, Jr. Immigration # ------~--

Address: 66089179 FCI Bastrop

P.O. Box 1010

City: ----'B=a-=s-=t.:.r..:o:..~:P:.___ _ State: Texas Zip Code: 78602

0411 2. Employer._~F!:e~d~e:.!r~a~l!::..-....:B2.u!:!.r~e~a:..!:!u!......!:o!..!f:.....!P::lr=....:i!:.JS:!.!o~n!.!.s!:L_ _...:__ _ _ _ _ _ _ _ __

Employer's Address: 1341. Hwy. 95 North

Bastrop, TX 78602

3. Telephone number: Residence------ Wo~: (512) 321-3903 Other:-------

4. Drivers License# 03770442 DateofBirth' 12-27-57

5". Name, address, and telephone number of person who can always reach you.

Name B. Romine Address 1441 Hwy. 95 North

Bastrop, TX 78602 Telephone (512) 321-3903

6. Do you understand and write in the English language? _Y.:;.e=s_ _ _ _ _ __ If no. what is your primary language?_-----~-- Who helped you prepare this form? __:S=-e=-1=-f=-------------- Will they be available to translate future correspondence during this process? _ _ __

7. Are you a Judge? _.:.:N.=o_ _ _ _ _ __ If yes, please provide Court, County, City, State: - - - - - - - - - - - - - - - -

Ill. INFORMATION ABOUT ATTORNEY

Note: Grievances are not accepted against law firms. You must specifically name the attorney against whom you are complaining. A separate grievance form must be completed for each attorney against whom you are complaining.

I. Attorney name: M. Ariel Payan Address: 1 012 Rio Grande

City: Austin State: TX Zip Code: 78701

2. Telephonenumber: Work _ _ _ _ _ _ Home _ _ _ _ _ __ Other------

3. Have you or a member of your tamily filed a grievance about this attorney previously? Yes_ No_!_ Jf·•yes.., please state its approximate date and outcome. _ _ _ __

0411 2 Have you or a member of your family ever filed an appeal with the Board of Disciplinary Appeals about this attorney?

Yes __ No_ lf"'yes.'' please state its approximate date and outcome.

4. Please check one ofthe following: This attorney was hired to represent me. X This attorney was appointed to represent me. This attorney was hired to represent someone else.

Please give the date the attorney was hired. or appointed. October, 2 0 1 3

Please state what the attorney was hired or appointed to do. Represent me in

direct appeal against first degree felony •.

5. What was your fee arrangement with the attorney? He was appointed

How much did you pay the attorney? Whatever the judge authorized

If you signed a contract and have a~ please attach. I Cyou have ~of cheeks and/or receipts, please attach. Do not send originals.

6. If you did not hire the attorney, what is your connection with the attorney? Explain briefly

7. Are you currently represented by an attorney? _Y.;;;.e=s_ _ _ _ _ __ If yes. please provide information about your current attorney: This guy because he

will not recuse himself.

8. Do you claim the attorney has an impairment, such as depression or a substance use disorder? If yes. please provide specifics (your penonal observations of the attorney

0411 3 such as slurred speech, odor of alcohol. ingestion of alco"ol or drugs in your presence etc .. including the date you observed this. the time of day, and location).

9. Did the attorney ever make any statements or admissions to you or in your presence that would indicate that the attorney may be experiencing an impairment. such as depression or a substance use disorder? If so, please provide details.

County: _....;T;.;;r;.;;a;;;.v:..;i::.:s::;.__ _ City: Austin

2. If your grievance is about a lawsuit. answer the following. ifknown:

a. Nameofcourt 299th District Court, Travis County

b. Titleofthesuit State of Texas v. Charles A. Malouf£, Jr.

c. Casenumberanddatesuitwasfiled D-1-DC-13-902041 10/11/2011 and 03-13-00723-CR 9/19/2013 d. If you are not a party to this suit, what is your connection with it? Explain briefly.

If you have~ of court doeumenu, please attach.

3. Explain in detail why you think this attorney has done something improper or has failed to do something which should have been done. Attach additional sheets of paper if necessary.

If you have~ of letters or other documents you believe are relevant to your grievance, please attach. Do not send originals.

Include the names, addresses, and telephone number of all persons who know something about your grievance.

0411 4 IV. 3 M. Ariel Payan is in violation of the American Bar Associa~ tion Model Rules of Professional Conduct and Texas Disciplinary· Rules of Professional Conduct, Rules 3.7, 8.2 and 8.3 creating such a Conflict of Interest in his failure to report these viol- ations and Recuse himself, that he is knowningly and intentionaly violating my Rights of Due Process in accordance with the Texas and United States Constitutions~ On October 22, 2013, in a face to face conversation regarding Prosecutorial Misconduct and Judicial Misconduct resulting in de- cisions by Trial Judge Karen Sa9e, for Pecuinary Interest, a viol- ation of both State and Federal laws. Payan told me "My wife works for the Prosecutor's Office", "We are friends with Holly Taylor and I know- her husband'.';. And, "we all talk." And, "it's a close knit group." In the same conversation he told me, "The Judge's decisions were political." And, "The Judge is not likely to decide on some- thing that can effect her election. 11 Earlier, Trial counsel, Jackie wood, Sage's best friend, said Sage was not going to make decisions that would effect her getting votes and financial contributions in her upcoming re-election. Sage's campaign kicked off right after Payan was 'appointed. Bar Rule 3.7 states "A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness. Rule 8.02(a) states; "A lawyer shall not make a statement a lawyer knows to be false or with reckless disregard as to its truth or falsify concerning the qualification or integrity of a Judge." Rule 8.3 states "A lawyer who knows another lawyer committed a violation of the Rules of Professional Conduct that raises a substantial question of that lawyer's honesty, trustworthiness or fitness as a la~yer in other respects shall inform the appropriate authority. Misconduct complaints on Sage were filed with the State Commission on Judicial Conduct, CJC No. 14-0826-01 and the Texas Attorney General. on October 1, 2014, in Federal Court, my prosecutor and (5-A) Payan's "friend", Holly Taylor, admitted on July 15, 2011, 3 months before there was any meaningful probable cause, she was out "in- vestigating", gathering evidence,and interviewing witnesses. She also admitted to reviewing, several times, the Search Warrant Af- fidavit, which was inundated. with patently false, misleading state- ments, and knew of material ommissions that would. render the war- rants invalid. And, earlier atmy trial was formally accused of lying to the Tribunal by Trial Attorney·Jackie Wood. On March 21, 2014, Payan sent me an email acknowledging he and the two trial atto~s made those statements. Payan, and his wife are material witnesses to the criminal conduct of Prosecutor Holly Taylo~and Judge Karen Sage under 18 U.S.C. 241 and 24~and Texas Penal Code for Abuse of Office and Offical·Oppression1 and he refuses- to recuse himself from my case· and report his, and the others misconduct ·to the appropriate auth- ority. He has committed such a Conflict of Interest I have been denied my Rights of Due Process in accordance wtih the Texas and United states Constitutions. M. Ariel Payan was given until October 15, 201.4, to recuse himself as Counsel after NUMEROUS requests and demands, in writing, to do his job and file formal objections, aomplaintstand grie-. vances·. with:,the Tribunal. Payans relationship with Holly Taylor, the Travis County District Attorney who prosecuted me created a Conflict of Interest and his statements regarding the integrity of the Court proce- edings in my trial, and that of 299th District Court Judge Karen Sage, made him an adversiarial material witness. His breach of fudiciary duty as my competent Counsel, and failure to recuse has demonstrated his furtherance of conduct.to that of Co-Con-'- spirator in the Obstruction of Justice, Deprivation of Rights Under Color of Law IAW Federal Law 18 usc 241 and 242, and the Texas Penal Code Abuse of Office and Official Oppression. Formal complaints through the Department of Justice and other criminal investigative agencies are being lodged. His conduct has resulted

(5-B) in my unnecessary and ongoing false imprisonment since his be- coming my appellate counsel! His negligent and criminal conduct required me to formally request help from Chief Justice Jones. See Attached Letters.

(5-C) Also, please be advised tbat a copy of your grievance will be forwarded to the attorney named in your grievance.

V. HOW DID YOU LEARN ABOUT THE STATE BAR OF TEXAS' ATTORNEY GRIEVANCE PROCESS?

Vellow Pages Internet .!_ Other

0411 5 VI. ATTORNEY-CLIENT PRIVILEGE WAIVER

I hereby expressly waive any attorney-client privilege as to the attorney. the subject of this grievance, and authorize such attorney to reveal any infonnation in the professional relationship to the Office of Chief Disciplinary Counsel of the State Bar ofTexas.

I understand that the Office of Chief Disciplinary Counsel maintains as confidential the processing of Grievances. · ,-? ~ ~ Signature: __~------------ TO ENSURE PROMPT ATTENTION, THE GRIEVANCE SHOULD BE MAILED TO:

THE OFFICE OF CHIEF DISCIPLINARY COUNSEL P.O. Box 13287 Aostin, Texas 78711

0411 6 II

Honorable J. Woodfin Jones 7 October, 2014 Chief Justice, Court of Appeals Third District of Texas P.O. Box 12547 Austin, Texas 78711-2547

RE: 03-13-00723-CR STATE OF TEXAS W CHARLES A. MALOUFF, JR.

Dear Judge Jones:

I am in dire straits, and I am pleading for help! M. Ariel Payan is my Attorney of Record, and I have an irrepairable.Con- flict Of Interest with Payan. As you can see by the attached emails, Payan and his wife are material witnesses in criminal conduct and gross violations of State and Federal law, Texas and United States Constitution's Rights of Due Process, Judicial Misconduct on the.State Trial Judge, Karen Sage, complaint no.CJC NO 14-0826-Dl, and egregous violations of the American Bar Association Model Rules of Profes- sional Conduct and the Texas Disciplinary Rules of Professional Conduct, by Travis county District Attorney's Holly Taylor, my Prosecutor, Susan Oswalt, Greg Coxx and Rosemary Lehmberg, and my two trial attorneys, Jackie Wood and Tamara Needles and Payan him- self. This fundamental miscarriage of justice and obscene depriva~

tion of Rights not only to myself, but my co-defendant, Mary Jo WOodal;L, and the state's malicious and vindictive efforts to cover up mulitiple felonies, including Attempted Murder, through Payan's negligence and abandonment, caused me to file a 132 page Brief with over 1800 pages and photos, not including the two CD's of Trial Court Records in a 2254(d)(1) writ of Habeas Corpus seeking an unbiased and fair judiciary. In Preparation for a 2255 Evidentiary Hearing in Federal Court on 1 October, 2014, my appointed Federal Attorney, Oskar Nisimblat, unsuccessfully tried to contact Payan for consultation over the State Court Records and proceedings. On October 1st, 2014, in a Evidentiary Hearing in Federal court, aside from Travis County District Attorney ·Investigator, " :i ·--.

Lori Carter, admitting for the second time she "targeted" me fo~ Free Speech and violating my Miranda, Holly Taylor my Prosecutor, admitted under oath she was functioning as an 11 investigator" and not a prosecutor on and after July 15, 2011, over three months before there was any meaningful probable cause! If I am not.mis- taken its still unconstitutional to be my investigator and my prosecutQr! · I cannot get rid of Payan! I pray for your assistance in assigning me a competent attorney not intimately involved with any of the people related to my case. Two innocent people have now been maliciously convicted and through my Rights of Due Process I want to prove it. I have been eligible for early release from the Bureau of Prisons since February, 2014. However, because there is no appeal bond in the State matter, I remain needlessly imprisoned. Thanks to my negligent attorney. Thank you for your consideration and assistance in helping me prevent a furtherance of a miscarriage of justice.

Charlie Malouff 66089179 P.O. Box 1010 Bastrop, TX 78602

( 2) ·November 26, 2014

Honorable J. Woodfin Jones Chief Justice, Court of Appeals Third District of Texas P.O. Box 12547 Austin, Texas 78711-2547

RE: 03-13-00723CR D-1-DC-13-904021-A

On November 3rd, 2014, I filed a Writ of Habeas Corpus in accordance with CCP ART. 11.07. This Writ was previously hand carried to the Court of Appeals who re-directed my delivery person to the Travis County District Court Clerk, the Court of conviction. On October 7th, 2014, I wrote you regarding my Conflict of Interest with Appellant Counsel Ariel Payan. At that time no appellate brief had been filed. As you can see, the Writ of Habeas Corpus c.ontains a 129 page Brief with over 1100 pages of supporting exhibits and refers to Trial Court Records (D-1~DC-13-904021-A) arguing Judicial, Prosecu- torial, Police, and Professional Misconduct and numerous Constitu- tional and criminal violations depriving me of my Constitutional Rights in exposing Criminal Conduct committed by Police, Prosecutor and Judge. In' addition, a motion for Bond For Certain Applicants, in accordance with CCP ART 11.65 was submitted by mail from FCT, but not filed until November 24, 2014. This motion· for bond was submitted because, in this particular case, CCP ART. 44.04(b) Bond Pending Appeal prevents me from bond. There are so many actual Constitutional and Criminal Violations in this miscarriage of justice that are part of the record, and need to be made part of the record, not identified by Appellate Counsel Payan in his .brief. The Writ was filed before his Brief, and Appel- late Counsel Payan is a criminal co-conspirator through he and his wife's relationship with the District Attorney and his conduct, and lack thereof, on my case. On November 1 9, 2 01 4, the Trial Judge, Karen Sage, whom:: the Judicial Misconduct is directed at, dismissed the Writ of Habeas Corpus effectively nullifying, according to the Code of Criminal Procedure, my only hope of getting bond until this case is finally resolved. I ask for your intercession in some form of bond. I am being unreasonably detained at FCI Bastrop because of this State case. I have been eligible for early/supervised release since February 2, 2014. Respectfully,

Charlie Malouf£

' CIIARLBS A~ IIALOUFF I JR § AD: CIIAJlLIE MALOUFF § v. § CASE RD. 03-13-00723CR D-1-DC-13-904021 A § STAB OF TEXAS §

IIOT:tOR POll BORD lOR CBHUR APPL:ICAift"S I • .

TO '1'BB BO~ JUDGE OP SAID COURT Row comes, Applicant, Charlie Malouff, pro se, ~ the ~erest of justice to move the Honorable Court to GRART Appli- cant's prayer for bond under Article 11.65~ Code of Criminal Pro- cedure, while seeking relief from judgement in the above criminal case. D:ISCOSSYOR

Applicant was convicted of Securing A Document By Deception in State Court. A motion to remove Appellate Counsel M. Ariel Payan resulting from an irrepairable Conflict of Interest, was entered at the lhird Court of Appeals on October 30, 2014. An Application for Writ of Habeas,Corpus Seeking Relief Fram Final Felony Conviction Under Code of Criminal Procedure, Article 11.07, As A Result of Violations of Article.1, Sections 8, 9, and 10 of the Texas Constitution and the First, Fourth, Fifth, Sixth, Ninth and Fourteenth Amendments to the United States Constitution Re- sulting from Police, Prosecutorial, Judicial and Professional Mis- conduct was filed with the Dis~rict Court of Travis county, Texas, Filed in The Disttict Court of Travis County, Texas

NOX~~ IL ~~.tier\ £)-- f- oc -L~- Cte40:J \- A Case No. QJ-13-00723CR (The Clerk of the convitting court will fill this line in.)

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

APPUCATION FOR A WRIT OF HABEAS CORPUS SEEKING REI.JEFFROM FINAL FELONY CONVICfiON UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE U.07

N~E: Charles A. Malouff, Jr~

DATE OF BIRTH: December 27, 1957 PLACEOFCONFINEMENT: F.C.I. 'dastrop, Bastrop, TX 78602

oe..,.9_2~BJ.;;.,;6;;..;o~-~__.,sm NUMBER: TDCJ..ciD NUMBER: ........ Same ' (1) This application eoneei'IIS (check all that apply):

iJ a eonvietion a parole .. 0 a seatence 0 mandatory supervision·

0 timeeredit 0 out-of-time appeal or petition for diseretionary review

(2) What dittriet eoart entered the judgment of the conviction you want relief froin? (Include the court number and county.)

299th District court, Travis County

(3) What was the ease number iD tile trial court? D-1-DC-13-9020 ll

(4) What wu the 'D8me of the trial judge? Karen Sage

Revised: Sej?tember 1. 2011 1 Amalia Rodriguez-Mendoza Travis County District aerk Travis County Courthouse Complex P .0. Box 679003 Austin, Texas 78767-9004

Charles Anthony Malouff Jr TDC#0892836 F.C.I#66089179 P. 0. Box 1010 Bastrop, Texas 78602

Re: 0-1-DC-13-904021-A

THE STATE OF TEXAS VS. Charles Anthony Malouff Jr. \

{ } YOUR REQUEST FOR COPIES IN THE ABOVE CASE(S) HAS BEEN RECEIVED. COST FOR COPIES ARE - - - - - - A N D WE WILL FORWARD YOUR COPIES UPON RECEIPT OF FOR TOTAL COST. PLEASE MAKE CHECK PAYABLE TO AMALIA RODRIGUEZ-MENDOZA, DISTRICf CLERK OF TRAVIS COUNTY, TEXAS.

{ } YOUR REQUEST FOR THE TRANSCIPT OF YOUR CRIMINAL PROCEEDING(S) HAS BEEN RECEIVED. YOU ARE HEREBY ADVISED THAT IT Will BE NECESSARY fOR YOU TO CONTAcr THE OFFICAL COURT REPORTER OF THE DISTRICf COURT AT PO BOX 1748, AUSTIN, TEXAS 78767. HE/SHE CAN DISCUSS HIS/HER COURT COST AND PAYMENT PROCEDURE WITH YOU CONCERNING A TRANSCRIPT.

{X} ATTACHED ARE COPIES REGARDING YOUR APPLICATION FOR POST CONVICTION WRIT OF HABEAS CORPUS: ORDER DESIGNATING ISSUES __ AFFIDAVIT IN RESPONSE TO APPLICATION FOR WRIT OF HABEAS CORPUS STATE'S ORIGINAL ANSWER _x_ FINDINGS OF FACf, RECOMMENDATION, AND ORDER TO TRANSMIT HABEAS CORPUS RECORD (POST CONVICTION APPLICATION) ORDER TO TRANSMIT OTHER:

{ } YOUR REQUEST IS BEING RETURNED, AS WE ARE UNABLE TO DETERMINE, WITH UNCERTAINTY, WHAT YOU ARE ASKING. PLEASE BE MORE SPECIFIC AS TO YOUR NEEDS.

RESPEcrFUllY, AMALIA RODRIGUEZ MENDOZA DISTRICf CLERK OF TRAVIS COUNTY, TEXAS

Administrative Offices Civil and Family Division Criminal Division Jury Office . (512) 854-9737 (512) 854-9457 (512) 854-8420 (512) 854-9669 faX: 708-4744 fax:$9549 fax: 708-4566 fax: 708-4457 NO. D-1-DC-13-904021-A

EX PARTE § IN THE 299m JUDICIAL § § DISTRICT COURT OF § CHARLES A MALOUFF, JR. § TRAVIS COUNTY, TEXAS

FINDINGS OF FACT, RECOMMENDATION, AND ORDER TO TRANSMI1f· HABEAS CORPUS RECORD (POST CONVIcriON APPLICATION)

ON nns ffday of tJo~"'"'bef?..:-:: 2014, came on to be considered the ,·

Application for Writ of Habeas Corpus in the above cause. The court makes the foJlowing findings

of fact and conelusions of law.

1. A jury found applicant guilty ofsecuring execution ofa document by deception. The court assessed punishment at confinement for fifteen years. Sentence was imposed September 24. 2013.

2. Applicant's appeal is still pending. Counsel filed an brief for applicant on November 11,2014. No.OJ-13-723~

3. 1bis application was filed November 3. 2014, and must be dismissed because the appeal is still pending.

On the basis ofthe above findings and conelusions the courtrecomniends that the application

be DISMISSED because applicant's appeal is still pending.

The court hereby ORDERS that the District Clerk ofTmvis County prepare and transmit the

record herein to the Court of Criminal Appeals. 11/24/2014 MALOUFF, CHARLES A Jr. ff21:9tlt40:21-ARoM~R:i2Jift:(;1 On this day, the application Wt.bef:ts Corpus has been received and presented to the Court Abel Acosta, Clerk

CHARLES A MALOUFF JR. . F.C} BASTROP 1341 STATB HIGHWAY 95 BASTROP, ix 78602

EBN3B 78602 · ·11 r" '' 1•r rl·h~l ~"I ··1'1' 'h•' 'I• '· .. 11 111111 r:; 1fr 11••t1mrJ• • ····· .... November 26, 2014

Jeffrey D. Kyle Clerk Third Court of Appeals P.o. Box 12547 Austin, TX 78711

Dear Mr. Kyle,

My Appellate Counsel M. Ariel Payan has again failed in his

duties and responsibilities. Please send me a copy of everything

he has filed with the Court. Th,nk you. I ! Respectfully,

Charlie Malouf£ 66089179 P.O. Box 1010 Bastrop, TX 78602 Honorable J. Woodfin Jones 1 December, 2014 Chief Justice¥ Court of Appeals Third District of Texas P.O. Box 12547 Austin, TX 78711-2547

RE: 03-13-00723-CR STATE OF TEXAS V. CHARLES A. MALOUFF, JR.

Dear Judge Jones,

Again I come to you in an attempt at preventing a furtherance of a miscarriage of justice. I have not been conferred with over, nor provided a copy of Appellate Counsel M. AriiH Payan' s Brief. However, I hav.e been in- formed through outside sources that he has made several patently false and maliciousl~tatements in•1the Brief that must be adamantly objected to. According to what was provided to me, Payan wrote, "Assisted by his friend Mary Jo Woodall, he succeeded in encourging the City of Jonestown to apply for a Grant of Federal Funds under the Distributed Renewable Energy Technology Program through the Texas Comptroller of Public Accounts."71hisiis patently false! As stated by me in th~ Sentencing phase of the Trial, I have been involved in Federal Grants and Research and Development Projects since 1993. The Instant Program, also known as ARRA STIMULUS, was highly publicized by the President of the United States .for over a year before this specific Grant was puplished, and it was also promoted at Energy Conferences all across the State. Furthermore, I had personally and independently addressed Grant opportunities in my business plan and face-to-face meetings when I first approached the City of Jonestown as a place to'locate my Corporate Headquarters almost two years prior. Mary Jo Woodall had absolutely nothing to do with helping me encourage~the City of Jonestown. I was told Payan also wrote" ••• -but eventually the Prosecutors caught on that Mary Jo Woodall, the Comptroller's Grant Coordinator was violating the law by wearing two hats. Appellant was caught up in the ensuing prosecution for for fraud." Again, this is a patently false and maliciously dis- paraging statement against an absolutely innocent woman. Mary Jo's supervisors and co-workers testified she was doing her job. Mary Jo Woodall neYer violated Policy or the Law. As testified by her superviso~ Pam Groc•i she could' have written the Grant if she was asked. In addition, there were numerous fail safe procedures for fraud set in place to prevent this very thing. Toby Miller and Lori Carter maliciously attacked Mary Jo Woodall as part of a concerted effort to cover up Miller, Cook and others criminal conduct in theft, attempted murder and other felo~ies. Again, I vehemently object to Payan's statement. I was told Payan also wrote, " ••• Frankly, Appellant was not an easy man to work for. Charismatic and engaging, he could also be imperious and mercurial. He alienated his daughter~(the Company CEO) and many underpaid employees, one of whom, a Travis County Sheriff's Deputy~··" I would'not call $46 I hour underpaid. I would not call $22 - 25 per hour for an inexpe~ienced Technician underpaid. I am not an easy man to work for. I am a Decorated and Honorably Retired Chief of Police and Decorated Disabled Veteran with 29 years of service to my Country. I have neYer tolerated crooked cops and t~ieves. Dana McCoy, my daughter, is the one who alienated her- self when she emphatically gave me the ultimatum of severing our parent child relationship if I took action to remove and file on Travis County Sheriff's Deputy Toby Miller, Jonestown Police Officer Michelle Cook and others for falsifying Grant time sheets and other fraudulent acts, and criminal conduct against the Government and the Company. Payan has wtisted the facts and one more time I vehem- ently object to his Brief. In the Interest of Justice and in furtherance of attempting to prevent more miscarriage of justice, I again adamantly object to anything Payan has done in my ~epresentation. In addition to my letters toiyou, I field an original Bar Grievance on P•yan on October 16, 2014 and an amended Grievance~on November 10, 2014. On November 26th, ~ filed a formal Criminal Civil Rights Complaint with the FBI in Washington, DC and Payan is part of that Complaint. (See attached Documents supporting this letter.)

Respectfully, Charlie Malouf£ ( 2) OFFICE OF THE CHJt~F DISCIPLINARY COUNSEL STATE BAR OF TEXAS GRIEVANCE FORM

I. GENERAL INFORMA.TION

.. Before you fill out tbls paperwork, tber,e may be a faster way to resolve the issue you are currently having with an attorney.

If you are considering filing a grievance against a Texas attorney for any of the following reasons:·

You believe your attorney is neglecting your case. Your attorney does not return phone calls or keep you informed about the status of your case.· . . You have fired your attorney but are having problems getting your file back frOm the attorney.

You may want to consider contacting the Client-Attorney Assistance Program · (CAAP) at 1-800-932·1900. ' .CAAP was established by the State Bar of Texas to help people resolve these kinds of issues with attorneys quickly, without the. filing of a fonnal grievance.

CAAP can resolve ·many problems without a. grievance being filed by providing information. by suggesting various self-help options for dealing with the situation, or by contacting the attorney either by telephone or letter. ·

I have ___ I have not X contaeted the Client-Attorney Assistance Program.

NOTE: Please be sure to fill out eacln section eompletely. Do not leave any section . blank. If you do not know the answer to any question, write "I don't know."

fl. · INFORMATION ABOIJT YOlJ- PLEASE KEEP CURRENT . f5l Mr. I. TDCJ/SID # 08928360 11 Mt. Name: Charles A. Malouf£, Jr. · . Immigration # . '·lr ,: ,·(,:., <. c ·, "·.:. t _..

P.• o. Box 101 o

City: _ _;_:B::a~s~t::r::.;O::P~-- State: Texas · . Zip Code: · 78602

0411 2. Employer: Federal Bureau of Prisons

Employer's Address: 1341· Hwy. 95 North Bastrop, TX 78602

3. Telephone number: ·Residence.,------ Work: ( 512) 321-3903 Other: ·

4. Drivers License# 03770442 Date of Birth i: 12-27-57

5". Name. address, and telephone number of person who can always reach you.

Name :8, Romine Address 1 4 41 Hwy. 9 5 North Bastrop, TX 78602 Telephone ( 512) 321-3903

6. Do you understand and write in the English language? _Y;;..e;:.,;.s;;___ _ _ _ __ If no. what is your primary language?-·-..,---- Who helped you prepare this fonn? --=S;;..;e;.;;l;.;;f;;___ _.___ _ _ _ _ _ _ __ Will they be available to translate future correspondence during this process? _ _ __

1. Are you a Judge? ___N:.:.o; :.·· - - - - - - - - If yes. please provide Court, County, City, State: _...:..__ _ _ _ _ _ _ _ _ _ _ __

Note: Grievances are not accepted 'against law finns. You must specifically name the attorney against whom you are complaining. A separate grievance fonn must be completed for each attorney against whom you are complaining.·

I. Attorney name: M, Ariel Payan Address: 1012 Rio Grande City: Austin State: 'l'X Zip Code: 78701

2. Telephone number: Work,......,..---- Home------- Other _ _ _ __

3. Have you or a member of your family filed a grievance about this attorney previously? , Yes-.- No..!__ lf ..yes"', please state its approximate date and outcome. _ _ _ __

0411 . 2 Have you or a memb~r of your family ever filed an appeal with the Board of Disciplinary Appeals about this attorney?

Yes __ No_ lf"yes," please state its approximate date and'outcome.

4. Please check one of the following: This attorney was blred to represent me. X This attorney WaS appointed to represent me. This attorney was hired to represent someone else. l Please give the date the attorney was hired or appointed. · October;, 2013

Please state what the atto~ey was hired or.,appointed to do.· Represent me in . ! .

direct appeal against first degree felony~~

5. . What was your fee ammgement with the attorney? He was appointed

· How much did you pay the attorney? Wbate'yer the judge authorized

If you signed a contract and have a~ please attach. · If you have.~ or checks and/or receipts. please attaeb. Do not send originals. ·

· 6. If you did not hire the attorney, what is yoor connection with the attorney? Explain briefly

7. Are you currently represented by an attorney? _Y=-e=s=-------- lfyes, please provid~ in~ormation abOut )'our current attorney: This guy because he

will not recuse himself~-

8. a Do you claim the attorney has an. impairment, such as depression or substarice use disorder? If yes, please provide specifics (your perilonal observations of the attorney

0411 3 ,,,

such as slurred speech, odor of alcohol, ingestion of alco~ol or drugs in your presence etc •• including the date you observed this, the.time of day, and location).

9. Did the attorney ever make any statements or admissions to you or in your presence that would indicate that the attorney may be experiencing an impainnent, such as depression or a substance use disorder? .If sO, please provide details. No

IV. INFORMAilON ABOUT YOUR GRIEVANC~

County: Travis · •City: }\us tin 2. If your grievance is about a lawsuit, answer the following, ifknown: a. Name ofcoud ~99th District Court, Travis County

b. Title ofthe suit State of Texas v. Charles A. Malouff, Jr.

c. Case .number and date suit was filed D-1-DC-1 3-90 2 0 41 1 0 /11/2 011 and . 0:3--13-00723-CR .9/19/2013 . d. If you are not a party to this suit, what is your connection with it? Explain briefly. N/A·

If you have~ of court documents, please attach.·

3. Explain in detail why you think this attorney has done something improper or has failed to do something which should have been done. Attach additional sheets of paper if necessary.

If you have~ of letten qr other docum~nts you believe are relevant to your grievance, please attach. Do got segd ogglgals. ·

Include the .names, addresses, and telep•one number of all penons who know something about your grievance.

0411 4 IV. 3 M. Ariel Payan is in violation of .the American Bar .Associa~ tion Model Rules of Professiqnal Conduct and Texas Disciplinary1r Rules of Professional Conduct, Rules 3.7, 8.2 and 8.3 creating such a Conflict of Interest. in his failureto report these viol.:.. ations artc1 Recuse·himself, that he is knowningly and intentionaly violating myRights of Due frooess in accordance with.the Texas arid United States ·Constitutions~ on October 22, 2013, in a face to face conversation regarding Prosecutorial Misconduct and Judicial Misconduct result~ng in de- cisions by Trial Judge·Karen SaC]e, for ~ecuinary_ Int47rest, a viol- ation of both State and Federal laws. Payan told me "My wife . works for the Prosecutor's Offipe", "We are friends with Holly Taylor and I know her husband'!.; And, "We all talk." And, "ie s a· close knit group." In the same conversation he told me, "The Judge's decisions were political."· And, "The Judge. is not likely to decide on some- . thing that can effect· her election." · Earlier, Trial counsel, Jackie Wood, Sage's. best friend, said .Sage was-not goinq to make decisions that would.effect her getting votes and financial contributions in her upcoming re-election. Sage's campaign kicked off right after Payan was appointed. Bar Rule 3.7 states "A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness. Rule 8.02(a_) states;_ "A la~er shall not make a statement a lawyer knows to be. false or with reckless disregard as to its truth or falsify·· concerning the qualification or inteC)X'it:y: of a Judge." Rule 8.3 states "A lawyer who knows another lawyer committed a violation of the Rules of Professional Conduct that raises a subst~tial question of that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects shall inform the appropriate authority •. Misconduct complaints on Sage were filed with the,State Commission on Judicial Conduct, CJC No. 14-0826-01 and the Texas Attorney General. On October 1, 2014, in Federal Court, my prosecutor and (5-A) Payan Is "friend", Holly Taylor I. admitted on july 15, 2011, 3 months I

before there was any meaningful probabl~ cause, she was out "in- vestigating", gat~ering evidende,and interviewing witnesses. She ·also admitted to reviewing, .several times, the Search Warrant Af- fidavit, which was i.rlur'l&~,,.; wi~h patently false, misleading state- ments, and_ knew of material, omissions that would. render the war- rants invalid •. . And,. ea~lier .. .,· . at:my trial' was formally accused of ~ .

lying to the Tribunal by Trial :Attorney Jackie Wood. On March 21, ~014, Payan sent me an email acknowledging he and the two trial . ~ttorneys, made. those statements. Payan~ arid. his wife are material witnesses to the crimi'nal

conduct of Prosecutor Holiy Taylo~and Judge Karen Sage under 18 u.s.c~ 241 and 24~arid Texas. P~nal Code for Abuse of Office and Offical Oppression,and he refuses to recuse himsel£ from my case and report his, and the others misconduct to the appropriate auth- ority. He has committed such_a C~nflict of Int~rest I have been denied·my Rights of Due Process in.accordance wtih the Texas and United states Constitutions.·

(5-B) Also, please be advised that a copy ofypur grievance wiD be forwardecUo the attorney namect·ln your grievance.

V. HOW DID VOULEARN ABOUT THE STATE BAR OF TEXAS' ATIORNEY GRIEVANCE PROCESS?

Yellow Pages Internet ·1_ Other

0411 s VI. ATTORNEY -CLl ENT PRIVILEGE WAIVER

I hereby expressly waive any attorney-client privilege as to the attorney, dle subje<:t of this grievance, and authorize such attomey,"to reveal any information in the professional relationship to the Office of Chief Disciplinary Counselofthe State Bar of Texas.

I understand that the Office of Chief Disciplinary Counsel maintains as confidential the processing of Grievances~ ~- Signature:------------- TO ENSURE PROMPT ATTENTION, THE GRIEVANCE SHOUl--D BE MAILED TO:

THE OFFICE OF CHIEF DISCIPLINARY COUNSEL P.o. JJos 13187 Austin,ITexas 78711

0411 6 AMENDED

OFFICE or THE CHIEF DISCIPLINARY COUNSEL STATE BAR OF TEXAS GRIEvANCE FORM

(. GENERAL INFORMATION

Before you flO out thli paperwork, there may be a faster way to resolve tbe Issue you are currently having with an attorney.

If you are considering filing a grievance against a Texas attorney for any ofthe following reasons:

You believe your attorney is neglecting your case. Your attorney does not retUrn phone calls or keep you infonned about the status of your case. You have fired your attorney but are having problems getting.your file back frOm tiJe attorney. You · may want to eonuder eontadlilg the Clleiit.;,Atto-mey Assistance Program (CAAP) at l-800..931-1900.

CAAP was established by the State Bar of Texas to help people resolve these kinds of issues with attorneys quickly. without the filing of a fonnal grievance.

CAAP can resolve many problems without a grievance being filed by providing infonnation. by suggesting various self-help options for dealing with the situation. or by contacting the attorney either by telephone or letter.

f have___ I have not X contacted the Client-Attorney Assistance Program.

NOTE: Please be sure to fill out eaeb section completely. Do not leave any sHdon blank. If you do not know the answer fG any question, write "I don't know."

II. INFORMATION AROl/T YoiJ- PLEASE KEF.P CURRENT IJ(Mr. I. TOCJ/SID# 0892836-o rMs. -Name: Charles A. Malouf£, Jr. Immigration # _ ._

1».0. Box 1010

City: _.........:B:::::a:.:s:..t::r::.:O~P~::...-_ _ State: Texas · Zip Code: 78602

0411 2. Employer: Federal· Bureau qt Prisons

Employer's Address: 1341 Hwy. 95 North

3. Telephone number: Residence------ Wo~: (512) 321-3903 Other:------- 4. Drivers License# 03770442 DateofBirthi 12-27-57 i s·. Name. address, and telephone number of person who can always reach you.

Name B. Romine Add~ 1441 Hwy. 95 North Bastrop, TX 78602 Telephone ( 512) 321-3903

6. Do you understand and write in the English language? _Y_e..,.s..,.__ _ _ _ __ If no. what is yotir primary language?~··--=-~-- Who helped you prepare this form? _s...,..e.....l...,..f....__ _ _~-~--~--- Will they be available to translate future coiTespondence during this process? --,---- 7. Are you a Judge? __ No _ _ _ _ _ __ If yes, please provide Court, County. City, State: - - - - - - - - - - - - - -

Note: Grievances are not accepted against law firms. You must specifically name the attorney against whom yoti are complaining. A separate grievance form must be completed for each attorney against whom you are complaining.

I. Attorney name: M. Ariel Paya.ri Add~:1012 Rio Grande

City: Austin State:_T_X_ _ _ ZipCode: 78701

2. Telephone number: W o r k - - - - - H o m e - - - - - - Other _ _ _ __

3. Have you ~r a member of your family tiled a grievance about this attorney previously? Yes_ No JL lf••yes.., please state its approximate date and outcome.-----

0411 2 ... - .. -~·· .. ~-- .... ~ --····-··---·- ·--·-· ..

Have you or a member of your family ever filed a.- appeal with the Board of Disciplinary Appeals about this attorney? · · ·

Yes_ No_ If "yes;· please state its approximate date and outcome.

4. Please c:hec:kooe of the following: This attorney was blred to represent me. X This attorney was appointed to represent me. This attorney was hired td represent someone else.

Please give the date the attomey was hired or appointed. October, 2 01 3

Please state what the attorney was hired qr appointed to do. ·Represent me in direct. appeal. against. first deqree felony·._ .

S. What was your fee arrangement with the attorney? He was apoointed

How much did you pay the attorney? Whatever the judge authorized

If you signed a contract and have a~ please attach. If you have~ of cheeks and/or reeelpu, please attach. Do not sepd oriMinala. ·

6. If you did not hire the attorney, what is yo_.r connection with the attorney? Explain briefly

7. Are you currently represented by an attorney? _Y=-e;::;;s:::;.__ _ _ ___,.._ If yes. please provide infonnatfon about your current attorney: This guy because he

8. Do you claim the attorney has an impainnent, such as depression or a substance use disorder? lfyes. please provide specifics (your penonal observations of the attorney·

0411 3 such as slurred speech, odor of alcohol, ;ingestion of alco~ol or drugs in your presence etc .• including the date you observed thiS. the time of day, and location).

9. Did the attorney ever make any statements or admissions to you or in your presence that would indicate that the attorney may be ~xperiencing an impairment. such as depression or a substance use disorder? If so, please provide details. No

·IV. INFORMATION ABOUT YOUR GRIEVANqE

County: Travis City: Austin

2. If your grievance is about a lawsuit. answer the following, if known:

a. Name of court 299th District Court, Travis County

c. Case num~ and date suit was tiled D-1-DC-13-902041 10/11/2011 and 03-13-0072J~CR 9/19/2013 d. If you are not a party to this suit, what is your connection with it? Explain briefly. N/A

If you have~ of court documents, please attach.

3. Explain in detail why you think this attorney has done something improper or has failed to do something which should have been dbne. Attach additional sheets of paper if necessary.

If you have~ of letten or other doeuments you believe are relevant to your grievance, please attach. Do not send orjKinaiJ.

Include the names, addresses, and telephone number of all penons who know something about ·your grievance.

0411 4 IV. 3 M. Ariel Payan is in violation of the American Bar Associa- tion Model Rules of Professional Conduct and Texas Disciplinary·· Rules of Professional conduct, Rules 3.7, 8.2 and 8.3 creating such a Conflict of Interest in his failure to report these viol- ations and Recuse himself, that he is knowningly and intentionaly violating my Rights of Due rrocess in accordance with the Texas and United States Constitutions~ On October 22, 2013, in a face to face conversation regarding Prosecutorial Misconduct and JJdicial Misconduct result~ng in de- cisions by Trial Judge Karen Sage, for Pecuinary Interest, a viol- ation of both State and Federal laws. Payan told me "My wife works for the Prosecutor's Offilce", "We are friends with Holly Taylor· and -I know- her·· husband~';; And-, "We all talk." And, "it • s . a close knit group.'! In the same conversation he told me, "The Judge's decisions were political." And, "The Judge is not likely to decide on some- thing that can effect her election. 11 Earlier, Trial counsel, Jackie Wood, Sage's best friend, said Sage was not going to make decisions that would effect her getting votes and financial contributions in her upcoming re-election. Sage's campaig~ kicked off right after Payan was appointed. Bar Rule 3.7 states "A lawyer shall not act as. an advocate at a trial in which the lawyer is likely to be a necessary witness. Rule 8.02(a) states;_ "A lawyer shall not make a statement a lawyer knows to be false or with reckless disregard as to its truth or falsify concerning the qualification or integrity of a Judge." Rule 8.3 states "A lawyer who knows another lawyer committed a violation of the Rules of Professional Conduct that raises a substantial question of that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects shall inform the appropriate authority. M~sconduct complaints on Sage were filed with the State Commission on Judicial Conduct, CJC No. 14-0826-D1 and the Texas Attorney General. On October 1, 2014, in Federal Court, my prosecutor and (5-A) Payan's "friend", Holly Taylor, admitted on July 15, 2011, 3 months before there was any meaningful probable cause, she was out "in- vestigating", gathering evidence,and interviewing witnesses. She also admitted to reviewing, several times, the ' Search Warrant Af- .

fidavit, which was ~ted. with patently false, misleading state- ments, and_knew of material ommissions that would. render the war- rants invalid. And, ~arlier at my trial was formally accused of lying to the .Tribunal by Trial Attorney Jackie Wood. On March 21, 2014, Payan sent me an email acknowledging he and the two trial at~s mad~ those statements. Payan, and his wife are material witnesses to the criminal conduct of Prosecutor Holly Taylo~and Judge Karen Sage under 18 u.s.c. 241 and 2421 and Texas P'nal Code for Abuse of Office and Offical Oppression;, and· he refuses- to recuse himself from my case- and report his, and the others misconduct to the appropriate auth- ority. He has committed such a Conflict of Interest I have been denied my Rights of Due Process in accordance wtih the Texas and · united states Constitutions. M. Ariel Payan was ~iven until October 15, 2014, to recuse himself as Counsel after NUMEROUS requests and demands, in writing, to do his job and file formal objections, :aompla;i:hteuand···grie.;;. vances: with.,·, the Tribunal. Payans relationship with Holly Taylor, the Travis County District Attorney:who prosecuted me created a Conflict of Interest . I and his statements regarding the integrity of the Court proce- edings in my trial, and that of 299th District Court Judge Karen Sage, made him an adversiarial material witness. His breach of fudiciary duty.as my competent Counsel, and failure to recuse has demonstrated his furtherance of conduct;.to that of Co-Con-.> spirator in the Obstruction of Justice, Deprivation of Rights Under Color of Law IAW Federal. Law 18 USC 241 and 242, and the Texas Penal Code Abuse of Office and Official Oppression. Formal complaints through the Department of Justice and other criminal ·investigat:.ive agencies are being lodged. His conduct has resulted

(5-B) in my unnecessary and ongoing false imprisonment since his be- coming my appellate counsel! Iiris negligent and criminal conduct required me to formally request help ~rom Chief Justice Jones •. See Attached Letters.

(5-C) Also, please be advised tbat a copy or your grievance will be forwarded to tbe attorney named in your grievance;

V.. HOW DID YOU LEARN ABOUT THE STATE:BAR OF TEXAS' ATTORNEY GRIEVANCE PROCESS?

Yellow Pages Internet L Other

I hereby expressly waive any attomey-tllent privilege as to tho attorney, the subject of this grievance, and authorize su~h attorney to reveal'any infonnation in the professional relationship to the Office of Chief Disciplinary Counsel of the State Bar of Texas.

l understand that the Office ofChiefDiS<:iplinary Counsel maintains as confidential the processing of Grievances. ·

Signature: ~ " TO ENSURE PROMPT ATTENTION, THE GRIEVANCE SHOULD BE MAILED TO:

THE OFFICE OF CHIEF DISCIPLINARY COUNSEL P.O. Bos 13187 Austi~ Tem 78711

0411 6 City of Jonestown 18649 FM 143l,Ste.4-A 1

Jonestpwn, Texas 78645 512-267-3243

Dana McCoy August 17, 2010 Praident CM Altemalive F.aagir.s. Inc. P.O. BoX 5337 18649 FM 1431, Stc.. 19-A Jonestown. Texas 78645

The City of loDeslown W"md Project.~ 11: faderaJly fimded Pmjectunder1he ARRA Fl:mdiDg- Distributed Renewable Eoergy Pqtam 1hmagh RFA~AG1·2010 ftom the Deprtwent ofEaagy tbrougb 1be Taus Comptroller ofPuhlic Aa:ou-. S1ate ~ Coaservatioa Ofliee. CM Altemative Eaergies, Inc. (CMAEI) bas been ~cDcl by 1ho Ctty to perfimn the 1ask of cmchJc:ima an.Enviromnen1al Assessment of eaduile Jocadoo :

Section One. Scope aad Deacripti011 ofthe Subconllador's Ap:emcm specifically· Slales: By this Agreemeat.dle parties en:are a~ refations1rip to seek Oat and.develop or implement, .raaewab1c eDe1BY ptojecCs afrrcciD81bc City ofJouc:slown. This~ is in cnmplianre widi the requc:st by 1hc U.S. Depadu&al of&eqy to perfomi a fuD P.uv.m~·.Mntal ~suaaat Report prior to tbe csccmioa of1boapp1ied for Diatri~ f.Delsy 0Jaat, Compirollor ((~:~.- RFA No. RB-AOl'-2010 (bliiloiuata ~to as-s¥ "'PPqect"). AI work~-~ ... Aaftemeut daalllleco. . . . . ia die. . . ofthe City ~.JoaeltND. amd CM~~-J»ea~aiaas.a SDbcolltlacto~ ~ 111e Project. --~~n -... _ . opej'a~eoatd .- orca.. ._..:WibclJtaerV.Sritems. : ·.·1 ,_-~·.• ; . . . . . .

~his been a serious .....of.cc~n..~•u•~-- tnadt of~ ~~-ibr~~:~ ,oUr oflicc-ud my ot1icc. "EmptO,ees of.CMQil--taka it·t~pao~'to dr8ft AssesmNut repons 8lld C0111BCt pennittiu8 ~ bOth fednl·aad ....., ou bOI.alf. of the_ City, wilhoot tbCt ·review, approval. or aulborizatioD of the City, a 8JU1S ·YioJalicm of this ~-aad co~

violation ofScopo and pruiDcok iu abeway.- .protocols. ID addilioa,. ycJIIi' ColdJadl ~has :yet to COIIIacl to mc to discuss these problems. lbis . p1atecl- 8dioas occurred bas . . . Pl:qcc:t at risk.

l-1.{ WJN[)..(I()()07483 •

Dan Dodson City Administia1or

t-~ WIND-00007484 CHARLES' RESUME

HIS COLORS DON'T RUN Charles A. Malou.ff, Jr., (Ret M.P.O., M.B.O). P.O. Box 118 Cedar Park, Texas 78630 (51 1)796-7000 cluulie@&menergies. com

SUMMARY

Chief Executive Officer responsible for management and corporate clevelcpmeot and implementation of domestic and international Alt.ematiw F.uergy ·programs in the United States and Mexico. Domestic and International Pacnta holder of CM Energies' Vertical Axis Wind Energy Systr::m. Honorably R.edred Olief of Police and Emergency Services Specialist wilh over 29 yean of diverse experic:ncc and background that encompasses Jaw eatbrcement. maritime and military law, comder-41m0rism. education. management, and intemationa1 priwte business services. Proven performance in leadership, mauagement, highly aclvaDced iilvestigations md examinations of violations of Jaw including Maritime laws, COIIII8Ct negotiations. research, sbak:gi~ planning, development. quality 8881U81lCC, genaal md specialized presentations. presen1atioo and ewluation of commercial and specialized products and training.

• Experience in oorporatc ll})IICI'-kvel management • Experience in .infcmatiooal business development + Experience in successful NEPA Bovinmmenta1 Assessments and Emiroomental Impact Studies related to wind enc:r:gy projects • Experience in nppcr-Jewl management in stale. c::oUJJly and IDUJlicipal Jaw enforcemeot • Over 20 years supervisory and Il18JIIIBeiDeDt CxpeJ ienc;e • Over 10 yean experience in succ:essful grant writiog + Senior Sea MarsbaJ, U.S. Coast OuaJd, Port of Houston + Supervisory Reservist, U.S. Coast Guard. Special Missions Team, Oal~ + Executive Board Member and multiple term Vice-President South Region. Texas Narcotic Officers Association + Graduate allef's Developmental Program Series 1-11-LEMIT • Graduate of the Coast Guanl Maritime Law Enforcement Boardbig Officers School (Leadelship and Command Course) with more 1lum 29 yean; Jaw enforcement experience + Inslrucltor certification and experience in numerous areas, including financial crimes, grant writing. identity theft. field traming. fiRanns, cu1tuml diversity, .Daritime interdiction. c::owner-terrorism., organized crime, defensive tacticlll1ess letba1 and impat.t weapons • Completed training and demOJUibaled experieace in US Department of Labor Facilitatioo Management • Experience in strategic planning inwlvmg multi jurisdictions and geograpllic areas + F.xperieDce in trainiog <:OOrdiDatioo,. plmning. development, delivery aad ewluation • Experience in budget development and fiscal responsibility • Experience in c::ommercial/military sales, business management. and multi-organizational research and development • EX1CDSiw experience in emergeru;y services, dealing with c;risia situations regularly • EX1ensive experience in Organized Oime, Public Integrity, Fraud and other Crimioal Investigations + Key c::oordinaJor between Coast Guanl and civilian law eafmcemeot agencies + Experience with FBI Joint Teaorism Task Fo.rees, US Attomey Anti-Terrorism Task Forces + 10 year Ouest Leelllrer Criminal Justice Department Advanced Criminal Investigations Texas Slate University

,_, Charles A. Maloujf, Jr. 2

Awards and Acbievcments Honorably Retired Chief of Police. Master Peace Officer. Silver Star for Gallantry. Purple Heart U. S. Air Force Outstanding Unit Award, Presidential Citation, assigned to dignitary protection detail for Shah of Iran, 1979. U.S. Coast Guard Commandants Letter of Commendation, for investigating and iden1ifying Eastern Bloc foreign operative (Russian Spy) operating in Port of Houston. Co&clt Guard Commendation Medal (2). U.S. Coast Guard District 9 Life Saving Award Command Lettec of Appreciation for performance during COWlter-Smuggling o~ons. U.S.-Canadian Border. Graduate of Law Enforcement Management Institute of Texas. Chief"s Devdopmeot Prosmm Series I and n. Gladuate of the Coast Guard Maritime Law Enforcement Boarding Ofticeis School Over 3,150 hours TCLEOSE recognized tmiDiog, aDd 160 college credit hours. Majoring in Criminal Justice. Participant- Operation kaqi Freedom. Participant...()peration Enduring Freedom. Senior Enlisted Supervisor, Physical Secwity Team, Coast Guard Special Missions Team, MSST 91104. Boarding Team Supervisor. First Sea MarsbaJ, Port of Houston. Senior Sea Marshal Port of Houston. Oulsidc Agcuq CootdiaatDr. Member U.S. AUcrncy's Offic:e Anti-Terrorist Task Force. Member FBI Joint Terrorism Task Force (l'ITF). Rewrote Coast Guard Tactical Operations and Defensive Tactics-Post 911. Other prc-911 duties included Maritime InvestigatioDS, MSO Houston. Respaosible for closing 163 out of 166 llllroOtic cases against mariDClB betweeo 1999 and 2000. Staff Member. Planning Division MSO Houston. ~loped USCG Gulf Coast Hunicane Planning Committee Operations Plan Fot Regional Gulf Coast Area Emersency Operatiaos 2000. Cteated and developed iDi1ial Strategic Threat Assessment Apinst 1lle Port of Houston 2000-2001. Multi-Agency (Federal, Stale and local) Cocmliaator for 1122 and 1033 Prosrams (1~2005). TCLEOSE Law Enforcement Instructor.. Specialized instruction in Otganized Crime, Money Laundering, ldenlity Theft. Nam>tics, Terrorism, Undercover Opemtions, Ballistic Shield Tactics. Recognized expert in ballislic materials and applications. . Maritime Law Enforcement Boanting Officer-InstructOr. Master Instructor, Precision Ordnance Products, including Less Lelhaland Ex.plosive devices. ASP lnstruc;tor. Tactic.al Training Instructor. Advanced FBI Firearms lnstructor. TCLEa3E FU'eiiiDUI Iustrudor. NRA Police Yareanns lnstmciDr. Personal Protection Instructor. Home Fin:anns Responsibility Instructor expcricnclcd m stalk aud dynamic fm:arms training. ASP Baton Insb'uctor. OC Chemical Restraint lnstmctor. Less Lethal and Explosive Devices Instructor. Defensive Tactics Instructor. Ouest Lecturer to Southwest Teus State University Criminal Justice Division on "Conspinu;y, lhe Making of an Organized Crime" (1997-200S). Ouest Instructor Texas Hispanic Peace Officers Association 2005. Texas Municipal Police Association Me01ber {2003- ). Staff Instructor, Cypress Creek Advanced Tactical Team TactiCal Emergency Medical Services Training Unit (CCAITffEMS), Houston. Texas (2000-2005). Member U.S. Attorney's Anti-Terrorism Task Fon:e. Vice-President, Soulh Region, Texas Narcotic Offic:ers Association (2005- 2006). Vice-President, South Region, Texas Narcotic Officers Association (2004-200S). Regional Di.Jector, S~ Region, Texas Narcotic Officers Association (2002-2004). Training Coordinator, South Region, 'Texas Narcotic Officers AssOciation (2001-2002), Member, Texas Narcotic Officers Assoc;iation (1997-2006), Assigned to dignitary protection details for Pope Paul, and President Re8gan. Analyzed, developed, and published three-part article on tactical vehicle .saults published in Commaod Magazine 1998. Published article on Ballistic Shield Usage in Command Magazine 1996. Presented Special Confidential Report(Organized Crime and Money Laundering) to the Treaswer, S1ate of Texas, 1990. Lead Agent in <:OOtl.iination, developmmt, and operation of multi-agency Organized Crime Task Force in Fort Wordl area, 1991-92. Created and developed Confrontation Management Cowse instructing in traditional Riot Control, and Confiontation Management teclmiques Charles A. Malouff, Jr. 3

and Field Force Options for dte Director of Criminal Justice Division, Lamar University, Beawnont, Texas. One of five civilian tactical iiJStrudors invited by U.S. Air Force Security Police to participate as staff instructors in 'Urban Tactics" (advanced SWA1) Course at Fort Dix, New Jersey. Former faculty member of "Top Gun" Investigation and Prosecution of Drug CEeS. Sea Girt, New Jersey. Former member of U.S. Air Force's first Anti-Terrorist Tac1ical Neutralization Team. FOIDief member of American Society of Law Enforcement Trainers (AS.L.E.T.). Fonner member of National Ritle Association (N.R.A). One of two participants in review and moclificmion of Chapters 154 and 155, Texas Tax Code resulting in Legislative rhanges directed toward black market of cigarettes. 1990. Former representative to FBI's Central Texas Terrorist Working Group. Fonner member, DaUasiFort Worth Retail Mer-chants Secmity Association. Fonner altemate member of Regional Organized Crime Infonnation Center. Former member, Texas District and County Attorneys Association. Former- member, Combined Law Enforcement Association ofTexu. Vietnam Era V etenm. '25-fl 7%-k·20 p 0 80:\ :;_;~

FAX i:254\ 7%-t512 HICO_ I'EX/;_S "7o.+~-,

September 01, 2005

To w!lom it may concern:

Allow me to introduce to you Chief Charlie Malouff.

Chief Malouff served the City of Hico for about L months. He csme on board and departed under unique circumstances: he came to wor'K on very short notice when the previous Chief departed suddenly for service in Iraq, and now the City of Hico rs contracting with Hamiiton County for Poiice services through the Sheriff's Office.

During his tenure here. Chief Maiot.:ff was indefatigable in serving tr:e City. He participated in everything from attending luncheons at the Senior Citizens' Center to coordinating ail security activities for the Artnuai Steak Cc,ok-off event whtch drew thousands of visitors to ow· City.

l cannot recommend Chief Ma!ouff highly enough; please give him every consideration.

Sincerely,, !

Lambert Little · Hico City Administrator PATTIE HUBERT BOOTH 800 N. SHORELINE BLVD., SUITE 500 CORPLS CHRISTI, TEXAS 78401

July 22, 2004

Don Lane Special Agent in Charge Coast Guard Investigative Service Gulf Region Hale Boggs Federal Building, Room 1140 500 Poydras Street New Orleam;, LA 70130-3310

SAC Lane:

I \vould like to rc--..ommend Petty Officer Charles Malouff, USCGR, for the position of Investigator with the Coast Guard Jnvcstigaiive Service:·

I was introduced to Petty Officer Malouffin February 2003. Petty Officer Malouffwas assigned to the Intelligence Branch, Marine Safety Office Corpus Christi, Texas, providing se-curity for the personnel, vessels and equipment lo be deployed. overseas. He began working regularly with our office on intelligence and criminal matters. In addition, he was actively involved in the Anti-Terrorism Task Force {"ATAC", fom1crly know as "ATTF"} and other intelligence and security related meetings hosted by this of11ce and the Coast Guard.

Petty Ofticcr Malouff is third generatipn Lebanese and \Vou1d bring an insight and understanding to this position that so desperately is needed at this crucial time. Dw-ing his 1ime in Corpus Clnisli, numerous reports were received of possible terrorist activity directed at military resources and the Port. Petty .Officer Malouff's expertise was instrumental in dealing with the possible threats to the area.

While assigned to the United States A.nomey's Anti-Terrorist Task Force he directly assisted the FBI's Joint Task Force in the investigation and enforcement of suspected Terrorist activities and financial fraud cases. In addition, he assisted the United States Attorney's office, the Anti-Terrorism Task Force, and the Joint Anti-Terrorism Task Force (JTTF) in the execution of search wan-ants and arrest wammt of an individual by the name ofRizzaw Hassan. Hassan has been indicted and convicted of fraud and money laundering.

Petty Officer MaloutTis pcrsonzhlc, intel!igcnt, self-motivated, and diligent in his desire and ability to take on complex. tasks, assis1 other agents, and c!cvclop information and evidence · for prosecution. It is these characteristics that I fed will m;,;kc him a great assct to the Coast Guard Investigative Service. I whole-heartedly recommend Petty Officer Malouff. / ( Sincerdy,

~ ubert B oth U.S. Departmento~· Commandiing Officer 7707 Harborside Drive Homeland Security ;~""' Un!ted Stt.tes Ce;.~t Guard GaivestGn. TX 77554 ·ll:f;· Maritima Safety & Security Team 91104 Stal! Symt:ol: a United States ·'. · Phone: (409) 941·8100 Coast Guard FAX: (40!!) 740.3844

1600 18 Sep 2003

MEMORANDUM ... From: B.;P. ·i·h~mpson. LCDR MSST 9ll04

To: PS 1 Charles A. Malou1J. Jr., USCGR

Suhj: LETTER OF APPRECIATIO:\

I. I note with. pride and am pleased to commend you for your performance of duty. commitment and dedication while rcca1lcd to active duty at \1SST 91104 from 19 february through 19 September 2003.

2. During this period, you were involuntarily ri!Calledto acthc duty in suppon of Operation ENDURING fREEDOM. Although assigned to :\1SST 91104, you were involuntarily dispatched TDY to MSO/Group Corpus Christi to assist \vith Military Out Load Operations. You accepted your orders and displayed ex~mplary prot"L~sionalio;m despite being deployed ~m-ay from your parent w1it. Your continued commitment to mission a<.:complishmcnt and ·•can-do~ attitude was exemplary and conttibutcd in no small measure to the overall success of the out load operations.

3. Upon rctum to MSST 91104 in March. you continually demonstrated outstanding leadership and pcrfmmance in your dmics with the Phy~ical Security Team. In July, you deployed t(,r three weeks. on a multi-agency operation. Again you demonstrated quality leadership in your role as a senior petty officer. The dedication, pride and professionalism you consistently display bring credit upon yourself, your team, and the United Sta.tcs Co

4. Your high level ofpcrlormancc and enthusiasm is sincerely appreciated. I look torward to your <.:ontinued presence here at the unit Kcl!p up the good work! uni~w StatM Coe!; Guard 3t30 JUL 15 :r;~;3

Reply to D9(ao!>T) Attn of: LCDR K. Willis (216)902.-6135

To: CO GP Buffalo Subj: SAR TEA1\19 AWARD

I. Please convey my appre~."iation to USBP agt-·nt WilJiam Re:!d, PS l ClHltk-s Malo1.:ff. BM3 Artre Rusk and S'NPS Josh Way, for their outstanding efforts in the rescue of :\Ir. Steven Coville from the. waters along the St Lawrence River adjacent to St Lawrence Park, Canada. 2. At appro1timately 1815. July 6, 2003, USBP Agent William Reed. coxswain on a jointly crewed · USBP boat, was showing BM3 Rusk and SNPS Way known smuggler departure points along the Canadian border, specifically around the Brock\o11le!Sl Lawrence Park area. They were traveling west, passing the main parts of the Brockv11le 4owntown area approaching the St Lawrence Park when lh,ey obselved numerous people swimmiug in the adjacent waters including a lone male, later identified as Mr. Steven Coville, s~ across the channel to \\Aile Island. As the boat crew moved v.ithin 50 yards of Mr. ColvilJe, tbey observed him suddenly begin to tlatl his arms and briefly yell for help. BM3 Rusk and SNPS Wav rushed to the front Qf tb~ bo~ while agent Reed expertly maneuvered the 27-foot Sea Ark agaUist a strong current that puUed Mr. Coville and the boat in opposite directions. The boat crew observed Mr. Coville go under and resurface. As he resurtacod, agent Reed repositioned the boat bow--on as BM3 Rusk attempted to grab Mr. Coville. Sirong currents once again thwarted their efforts and Mr. Colville was swept back under the water, bobbing back to the surface. Throughout the rescue. agent Reed continued to expertly maneuver the boat, careful not to strike Mr. Coville while staying close enough to affect the rescue. As soon as Mr.· Coville resurfw..-ed for the third time, S~TPS Way threw Mr. Co"ille a line he was able to gr:tb. Both BM3 Rusk and SNPS Way ,got a ho14 of .Mr. Co"ille and pulled him into the boat. It wa.<; obvioUs that he was suffering from hypotbmnia and shock as he ·was sbakjng uncontrollably. The crew immediately began !4-nergency warming procedures. Mr. Coville stated he had tired rapidly agairu;f the c:urrent and c-ould no longer swim. Agent Reed contacted emergency medical assistance and transferred Mt Colville to the awaiting constable at Gilbert's Marine in BIWkville, Ontario. 3. · Co$t-Ouard S~h and Rescue (SAR) operations were cleoo:iy enhanced by the penistencet diligence and profeSsionalism exhibited by the crew of the USBP boat crew. By virtue of their eff~ they J~e joined the prestigious ranks of SAR Team 9, a network of individuals who perform search and reScue on the Great Lakes. Please accept these certificates ~ ~jr.s ns a loken of our appreeiatiorl fut a jOb well done!

# THE COMMANDANT OF THE UNITED STATES COAST GUARD WASHINGTON 20593

• 06 September 200i

From: Commandant To: PSI Charles Malouff, USCGR

Subj: LETTER OF COMMENTIATION

I. I note wilh pride and am pleased to commend you for your perfonnance of duty ftom September 2001 to September 2002 while serving in the Sea Marshal Branch of the Homeland Security Departtnent at MSO Houston-Galveston. Following the tragic events of the 11 September 2001 ..Attack on America" you were recalled to serve your country in the newly created Homeland Security Department during Operation Noble Eagle. You began your duty in the Base Security Branch, logging over 200 hours of security patrols that were instru.."'Dental in the overall protection of the base and it's personnel. You were the lead watchstander supervising over 45 day ~d nighttime watches when you resolved over 20 potential trespass attempts, including a series of suspicious vehicles in the vicinity of the main gate. When Coast Guard priorities cha11ged and new security missions evolved, you volunteered to serve on one of the Coast Guard's first Sea Marshal teams. Your relentless drive and considerable Coast Guard law enforcement experience played a vital role in the new operational mission as you oversaw the escort of 65 High Interest Vessels. ln March 2002, upon receiving reports of a possible stowaway, you fought drenching rains, high winds and 8-foot seas in order to reach the suspect vessel. Once on board, you conducted a comprehensive search ruling out the presence of the potential threat, and then provided an armed escort during the vesscrs twelve-hour transit into port. In December 2002, you aggressively investigated an incident involving a suspicious crewmember of a foreign vessel taking photographs of the Houston Ship Channel and it's critical infrastructure. Your quick actions led to immediate interviews with the crew and a federal law enforcement analysis of the photographs, circumventing any potential threat to the port. Your rapid patriotic response and participation in the most extensive mobilization of reserve forces since World War II greatly contn1mtcd to the rapid establishment of our current heightened national maritime securitY posture.

2. · You arc commended for your outstanding performance of duty. By your meritorious service you have upheld the highest traditions of the United States Coast Guard.

3. You are hereby authorized to wear the Commandant's Letter of Commendation Ribbon Bar. The Operational Distinguishing Device is authorized.

FoZ24 Ca¢~~co~tGwrrd Commanding Officer, Marine Safety Office Houston-Galveston Safety Office Houston-Galveston ADMINISTRATIVE REMARKS

Responsible Level: Gr,'.. 7.:

Entry: (Gene:cc.j_-.f'os.itivc}

.26D;:c:;:: P.S.~ ~--~.::lout :t is =ecc;·g~i ::=:e:i £o= ;~i.s cu:;st~~ding ar;d signi fi.can:: .::l:.:C-:J:rtpl:..s~rnen.:: in icier-a-;;ifying and of t:he preliminary espionage .~1a:1dli:tg iTv-es'-igation o:C a suspected E3stB.rn B1.oc operative on Decc:nbe.r ?.6, 2001. ?C >:alouf.= l·ias p..:-1 ~~ or a Sea 11:1r 3hd.1 Team onboz~r:d ~._he vessel Ui'-1IAVU1' tv hen i:: !·J.~S bTouq1Y:..:. ~o the:!..;.~ c.ttemtior: tha.:. one of the crew n-em::;ers had taken '"' ·e:-:c-:;:ssive amount of security .rela::ed pictures throt;.ghout the Houston S!•Jp Ch

C. A. :•:alo'lf f

6. PAGE 7

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( .. :,;_. .. .; .. '' ·. ·- .... ·: .'· ~ '·· . ~ : .... '•· -:\ ~ · .. ·) American Police Hall of Fame ·. SILVER STAR FOR BRAVERY IS Ul~REBY PRESENTED TO

Cha¥UwA. Malou{f ~~·orUnselfish Line of Duty Heroism in which this Law Enforcement Officer, at perilous risk to his own life, performed his duty in such a manner as to reflect courage, dedication and initiative becoming to the professional law enforcement officer.

ls~ucd by the National BllUrd of Trustees upon ri., 1\ the rcconnncndation ofth~ Awards Committee this 30th

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Mr. Charles Anthony Malouff Jr. PO Box 26041 Austin, TX 78755

RE: City of Hico TMRS ID: 216475

Dear Mr. Malouff:

Your application for Occupational Disability has been approved.

!. _______ _ Contact TMRS if anyin!orrnaOon Is incorrect. _________ :=J --- rc- ·----- ---·· ·- -- !Retirement Date Febru~ry 28, 2006 I

!Retirement Option CASH OUT Lump·sum payment will be the only payment due. Check mailed March 31.2006 I [Supplemental Death Benefit Co-Beneficiaries: Dana You may change your M. Malouff·McCoy & Kristy beneficiary designation at 1 D. Malouff anytime. I If you have any questions or if we can be of any assistance, please feel free to contact our Retirement Department at 1/800-924,.8677.

Gary W. Anderson Executive Director GWA/jcw

Copy: City of Hico

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.vrr. Charles :'vfalouif P.O. Ho:-.: 26041 Austin. lc';as 7'1.755

D~:ar Charlie:

I would lik~.: to say Than!\ You for it1king time out of) our buo.;y sci1;.'11uk to hold da-;5lor my Dqmtles earlier this week. Everyone commented th:tt your pr.:scntation was wry informative. uscti.ll and fun. In tau. they havo: rcow..-st.:d lhat I only use) uu as an instructor in the fut~m:.

Once agah. l apprcciatl.' you. and iook lomard io our next mc~iing.

Sim:crdy.

Bosque County Shcritrs Department

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'·' Stare of tV'ew Jersey OEI'ART&iCNT OF LA\J AND PihlUC SA.t:c·ri ONlSIOH OF CR~J;;.~ .HJ~T'.c; , :.lS WA

J't;;ffrey Shultz;, l>residei;t Centurioa Ba.ll.i.::.. t.ic Shield (~orp. ':i.':n;:~nt on th~ c: . ::...,.,...-..;.r• ~~~:,1 Trt1J::Hit S"t:. ~~::J~t.c.:.:.l t t·~ ss.,

I alJl writi:.-•g to expre:-t6 IM.Y ..ipf>l:"<.:~i..:.;.ticu ic.;: .l. ;..:.-.:::.::· .:d.J_;:.;."l;-,;g Charlie Malou±f to travel to Ne'ti· Je.-i:._;..::.:.r for Top Gc:.i:. Clu<::-t. 7. h.::lc~ from ~pril 1~-:-;.~ r 1S9U at the N~-if .:;6Z'U2}'" Pol.icl.;/:::1..-il...\i~~J..l Ju~ti-=e .L.~Qd~m,Y.· ::r..t. S~u -;._~:l.. t... I ~-~£> ~U~l::.; ;,:..i ...:.,;.~__:_~{;_;-.:i .~..:l!.~~~-~ i.:!~;:;~l5.~ ·:. ::·i:u-'=~·d. t. ~~t.te:-~·:1{ L:a'~ing ;.;.r~c·..-<..::.:;-u~l.7{ ~ ·- G:r~~-~ ·.r;,.;,..,~:ti~~.. - -:.:. :. :~:~~~~ ..:.:v~ld.t.::.c.t.~.,2i .:.t... :::·0~-\:.. i~~... Ch~ll~ ~o;.-L'i-;.n;"C;i. ~'"''"" .......... "'"""' .,. ....~ a.'~ l ·:. t:.. ~ f.l.." 1.1" 1..n -"" ""'- ...c-(- ~ _.. .t-....... , .....-. ;, •t .· ......1,- ,..,... ; ,.,•.:·'- ....-·.-··<- .. - " " .;..J .... . . _ . _ . . , . - -.. ......... 'r·, ·- ·-- ·'.[ ._. __._, ... - . .• ~ ... -.fo_,.__~ . . . . ,.1 .. other instri.tcto:c:~ ·.,;er~ ur.avoid<.ilily .Jela_tod. :f:.: c;.,:!.}:i ',;_;_ .. :.:-·,. Cs~.:i!:"lS., · 'ias aJ:>le to ah<.u:.a hitio expertise is• t.:..·.::ti..-:.;s a:.- during our raid ?racticals. 0.u i;~ih.Ut :)i: t;l~ 'l'op Ga;.--. I:·.;..,:;ulty, 1 we--.;:.:! 1.i~'i:: t.c: tl-o(!.!lk yo-.. fer ;;..llc.;~;iJi;J Ch-~-:::~_~l_i~ to p~tioi::;:a ;;~-.;,.. Y.i1;. ~~~~i\:.~w..ti,.c. ~.:. ~:~·16 fi:t·oi~~sic;i.::.l.i~~:. .:-.::;:f2.....;~t.: V.i::-".L.-~t;, ~·"-=-! t -~L_; ..:!.;;. :.-~.~;a ;.:,,;;,...: ·t~.~ C·.;;i.~·;__;~_:::-;_--. <. St!.ll.i:;-ti-~ Sh..i..:.;.i.-.~~ ~:•:.:i.~~.;:.c~i.."t.iv::.-- ::_ :.:.-~~r·.;.·.. . -:;:·.; .._,··~~~~-.:.:.i ~:.:;.•.-~~-:-J.i.·:~: \·,·-~: :.::.:. t.·a~.:.:: i:.s..tf.;U at u.;:;-~o~:.~~ . ;:; '!:-l../~; ~;.:;·t.:.~;.; Clw...;;~...:..~ii: -.: ....~!".~~~~-: ~,:}.. ~~-.-:_ . ·-~~-~i~. ·..... ..... ; .. ::;;;_-·..::.;:_ ... .. . . .J...i".r\1 j_·c.r.;.;·ti\.";h~. L.:d:"V ,:-:: .::.:~. .~~ 1.:i~::._~:..........: .-.:.:. -~ - ~:· ;,_. ~_:....;... :. ;...;: } .. _J__;.:.. ~

··.-ri::on t.o ;;;p.c.;;ik ·c·:c ;x..<> ;::.t ~c~ t.>'>i~t.. ~::; t.~leph<>i<:.: :...-,wJ:.;:..,o.. l:..-. ;.:;u~- . 530-3401. V E!:C 'j -t-1·~ ~::1· :lCi~·e ~ _:}.;,.-;:..:.:: :·.:

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DE~£GATED EXAMINATING UNIT PERSONNEL DIVISION tFEDERAL ::::...AW ENFORCE!>!ENT TRAINING CENTER GLYKCO, GEORGIA 31524 ~07!C~ OF RATING

Charles A. Malouff, Jr. 5408 Scout Island Circle South Austin, TX 78731

SOCIAL SECURITY NL~BER: XXX-XX-XXXX ANNOUNCEMENT NtJMBER: 92-68 VETERZtNS PREFERPNCE: 5 FINAL SCORE: 96 REGISTRATION DATE: 12-8-92 POSITION TITLE: Training Instructor {Law Enforcenent) GRADE: GS-1712-12 * IF YOU RECEIVED A:.; INELIGIBLE RATING, IT WAS BASED ON:

Tij!._~_nL~Q';LlL __\1.9_1L Q.Ji'_f_~R.·_ It is a notice of your rating for the announcement shown above and reflects information contained in your record as it appears in our files. You should carefully review this information to assure that it is correct. If any information is incorrect or has changed since you submitted your application, you should notify this office i.n writing. Requests for change will be acknc,vledged. Due to the r.ature and confidentiality of inforrr.ation contained on applications for employment, inquiries should be addressed to this office in writing.

VETERANS PREFgREN~E: You :nust qualify for a job (that is, meet minimum experience and/or education requirements) before veterans preference points are added to your score. The score reflected above includes additional~intq_if~Q~_g~g~ptitled to veteran~ preference. REOUEST FO~-~-~~JtW OF RATXNq: If you disagree with your rating and desire a re-evaluation of your application, you must submit your request in writing to this office WITHIN 30 DAYS OF THB REGISTRATION DATE SHOWN ABOyE. You should include specific information about your experier.cejtraining a.nd an explanation of why you believe you meet the qualification requirements of the position or should have a higher rating. Your request _will be considered and you will be notified in writing of the results.

LENGTHJJ~__ELIGia~~I~Y: Your eligibility will entitle you to active consideration in accordance with yo!..lr standing on the list cf eligibles for 90 days fro~ the above registration date. ELIGIBILITY IS RESTRICTED TO THE ANNOUNCEMENT FOR WHICH YOU APPLXE?~ .. Ull SfATE OI'FlCE IIUilDI'OG • KAY BAllt.'t' H\JTCHlSON CON<;~ US ..T ITTH ST. ••e."s~··u f~l:r ....4IDIJI. $TA~ OF 7EA'-S

August 20•.~1992

TO WHOM IT MAY CONCERN:

1have known and worked with Charles Malouff for the last two years. In my personal opinion, he has many positive qualities that make him a valuable employee in his field.

CharDe is a very energetic ancr creative individuaL He is a hard working person who . Willingly .devotes more than forty hours a week to his job.. He is a!so creative. and fieqU!ntly comes up with different ways to approach situations, with the goal of doing his jot)", batter~~~ Charlie is also very knowledgeable about law enforcement ·training and procedures.

Therefore, I personally recommend him for your consideration.

Alicia M. Fechtel General Counsel Texas· State Treasury Department AMF/jas

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. ::·~ ·-··-- • - • I.e . . ·,·~~: ., - - ~· . ROSE-MICHEL MUNGUIA P. o. Box 266 Austin, Texas 78767

August 8, 1992

Re: Charics A. Malouff, Jr.

To Whom It ~Y Concern: I have had the pleasure of knowing Charles A. Malouff, Jr., his wife, Brenda, and their children since 1986. lVir. i\fmlouff and his wife have proven to be loyal, dependable and upstanding close personal friends. In 1989, the Texas Legislature confe~red the enforcement responsi- bility of the Cigarette and ~obacco Products Tax Act on the Texas State Treasury Department (the ~Treasury"). As a steff attorney at the Treasury, I recommended Mr. Malouff for one of the enforce- ment officer positions because I run familiar with his excellent record as an offlcerin other positions he has held. My speciLc job duties at the Treasury have not affordec me the opportunity to work directly with the Cigarette end Tobacco Products Tax Division~ however, it is well known that Mr. Malouff is highly regarded by his superiors and his collegues es a proficient and valuable enforce- ment officer. Mr. Malouff is extremely knowledgeable of theories 1 principles. and practices of professional criminal and civil investigations. He is also well trained in the area of civil rights legislation and he is sensitive to its potential impact in law enior-cement situations. Mr. Malouff has the ability to coordinate, motivate and rr~nage his subordinates and peers in enforcement progrruns and to communicate his thoughts and objectives effectively to his superiors and others. I highly recommend Mr. Malouif for any position for which he applies. I feel that he is more than adequately educated and trained to assume a position that requi~es his particular experience and credentials. In addition, I sincerely believe that he has the potentia! to success- fully meet the criteria of a higher level position than the one he currently holds. I hope that you will seriously consider Mr. Malouff as a qualified candidate for the position for which he applies. Sincerely,

---~7/U:-~·- ;v ]£~~ }r·~~-·___ ./ R:le •Mi che,J.--i1fmgu rB. / E~ l (\ , •• ELEVEn

LE~~ER OF REFER~NCE:

CHA...~I E !1ALOUFF

As Division Loss Prevention ZP1anager for the Texas Division of 7-Eleven Stores (A Division of The Sout.hland Corporation), I have had the good fortune of 1r1orking 1r1ith cr.arlic Malou.ff in his capacity of Special Agent for the Tobacco Pr-od::cts Division of the 'l'exas Treasury Department over the last several years. As Special Agent, Charlie has been exceptionally responsive to ~he problems of the retail intiustry in Texas cor:.cernirig the theft and black marketing of cigarettes and tobacco products. Charlie, along with other Special Agents in the team, have helped retailers immensely in investiga~ing and prosecuting those responsible for the illegal and costly trafficking of st:olen cigarettes. Charlic!s willingness to listen to the public he serves, his ability to pull together the efforts of various law enforcement agencies, his ability to "sell" a program or co'..lrse of action to his superiors, and carry it out, is a '..lnique and valuable asset in law enforcement or any industry. Charlie has a refreshing ability to establish a working relationship with just about anyone, instill trust and confidence in those he \vorks vrith and for, and delivers on his promises. Needless to say that this is net the case \vi th all la~v enforcement officials all the time, but Charlie seems to be able to rise above titles and politics, and gets the· job done. Please feel free to contact me perso:;a.:..ly if you req-o1.:i.re further information.

Jeff Feldman Division Loss Prevention Manager The Texas Division 7-Eleven Stores A Division of The Southland Corporation

7-Eieven Stores I Texas Division 1649 2201 North Central Expressway I Suite 171 I Richardson. ;x 75080 I Pnone (214) 907-0711 ) 801 :·:J i.rc~1:llcl Street Sc.n A:·ttonio .• TX 7"8:!.36

;· \·":'"Mo e:::.;.:.·:~~:':c.ly ~}:.i!c.sed '..:.O ~-:car cr yn,;~ .. ( :..t; (>~ ti: Ln-~:l::r.; ~~:-::ci c..ct:."io:l3 to ~'>roLec;.: gov~r:Jn::;-:.t nl"O!?ert:y on ~LH ~:-:ny 1.976. A~ you. }~r:.:=.v.r ther~t.::- ir. Dt..r ;.iid.sl: t~at ~!.aVt! j_ess :..::-r.n.n ;, ;:i:! r.zc~"i.r~-:2d ~·~-~f:-~ ~6 fo;_-- a.!:"~ nt~!:.·:y bot>~ ~-.::·.:·soi.1a1 ani!. ~:nvcr;-!.•~v..:~1t:. ~.t:O;)(;-;:ty.

-~c-hG:.. _. -;.; .~r-::· :-.1~osc: ::;·:·~~-- ·:~.sv :.t5.. ci:~ ·:.:·-t!c ;;;:C. C.:!'" .f. ~Lc·l:--.:c \'iY'.. ·- _.:o7." -;_r::;·~;~ £"~c-~.:.o~ f>•;:t t;"!:.:.y ct~e t~1e; sar:;~ a.nes thz.t_ c:O;-J_,ryi.c.L:l 3r:ct:s3t \·:~ a1:-c j_~sin;-i su

to r:l~1 ~:..~c f:~l~.:t: hE:n.G.ti~s -::nst :~K~!·:ey r.:~-~-r~ \·Ii"~.(;r; govcri"!.:-t~c:::t ~ru~>~..;·~·!~~;.r is C.cst:coye:d, it ~-;~~st. ~e :r.~{_>J.aced.. ·:.-?.!:' t·Jt' cf!.:e.r-.. t.'!'lc ~·--:o:12:y sc:::: .ssi~~E.: {o;: o·...u-:- bent;:·i.Ls :~!ti..St ~)t.! di.:ve:c-:~c:.c~ Lo -r~:~c.J..~:-- nr- r.:::.7li.~;,.:c. B~1.i:.."!:iOt.:5ly c:a~~a:~t:!:C: ·:;,ro!)t~rl:_~<>' ..

~~:o;; \Tt~e:. B. crc.c;l.r ·to )'Oti.l" _::._;,~d. ·_r y· c-~-~-c: z c(;.~ . .i.~: ·;:c. r. . ~s:::;c.t ~o (HJ::C .cc::!:-:-~~;.:i ty. I'~::ts cL~;;;-)lny 0f ~ot.:!~.:~~~e c:~C _}t~s:L _ll.~.c~-~~~~ r~::.~~:st: ~.-.:.:~3 ::·;y ~;l:!r:'2:r.n£.ic,:.-: i::~10\'i t:.:"! 2. t yul~r g~-;.1-c.r&ci.o:l \•!f.}.:'L Co \·~c:ll \-.~~~.r-x-; ·i. ·::' s ynt:1~ ~~~.t::-:.1 tv ::-~.!: ~:: ~:- -:c·.ir. t)· y.

·:,./:.:·c).Y V .: .;_.;I~i·~·o~-:, cu~.c~t-1. ~ ·..~5./L~: ~~;: ..;(;~ Co;r_r;;:r,i~·-'-lf~ r:

_!

---------------------····-··-- UliS'iAit:GO~~t:~t;~~;~.:c; - KA \' BAIL£\' HtiCHlSOS .c'O'Str'..i:.S,!:tAT 171tt~,l. lit:-.St:iU:i'. t;\1:.~'\...tiU; S1A1i01TL.~4S.

August 20._:1992

I have known and worked with Charles Ma!ouff for the last two years. In my personal opiilion. he has many positive qua1'ties that make him a valuable employee in his field.

Charlie is a very energetic an& creative individuaL He is a hard working person who . willingly devotes more than forty hours a waek to his job. He is also creative. and frequently comes up whh different ways to approach situations, with the goal of doing his job better.-~ Charlie is also very knowledgeable about Jaw enforcement"training and procedures.

Therefore, I personally recommend him tor your consideration.

Alicia M. Fechte: General Counsel ·Texas State Treas~ry Department AMF/jas COMAL COUNTY SHERIFFSDEPARNENT October 6, 1983

~.- ;;._ ~~:~- .. , ···-:

Mr. Burney Boeck · _.- Chief of Pol!c:e . Hew Braunfels Police Dept · -. 111 W. Garden ~-.~·~·~-Braunfels •. Texas 78130

Dear Chief Boecks It has come to my attention th~t one of my j~ilers, Charles - Halou~f.ha~ applied for a patrol job for the city of Nev Braunfels. · Although I hate to.loose Mr. Malouf£ I can understand his wanting to move on to something that he· prefers. which is be·ing a patrol officer. Therefore. I would like to take this opportunity to : -recomme~d Mr. Malouf£ for the position :of patrolman. During the time that he has been working" af the Comal County .Jail he has ZH~n · an as~er to this department. Mr. Malouf£ is, a good worker. a good listener and is willing to learn. When~ver someone is needed to :··take care of some extra 'work or put :in some extra time Hr. Malouf£ ·'!•·; •is always willing to help .out. _and I 'know the job will then be done ..::~-"right. As you well know. 'when· you need a job done·you want someone · that-you ~ can trust 'to do it the way it must be done. • 1 • I I

· ·: If you have any questions about Charles Malouf£ please do not hesitate to' contact me. ·

JJ/kc

..... 1?;:·.\.'-.{"tt.•'rlt:~M!T'.1i:"',;,: ,.RI (.!".\TF. OFt-:r~r; Rl-ll.I)N; P 0. J}(JX ·~;,-;_{.N-'!1ti!..~!A 1 :0-.; K·\ \ lt\U.tY Hl1U!l!'O\ t..'t!~~lSS .-.r !7THST .a.l;.!'-\1~ 7f~A~ :,..11 t i\C;-..=bi..i,.llJ "\ ~ \; • :· . i ... "\"

May 2Z, 1992

Mr. Charlie Malouff 5408 Scout Island Circle Austin, Texas 78731

Dear Charlie:

I recently received a letter from Malcolm Kirkland of the Grocery Supply Company .commending you for your help in investigating an incident of stolen cigarettes within the Grocery Supply Company.

I always appreciate hearing about employees of the Texas Treasury whose hard work is making such a difference to people throughout the state. It is efforts such as yours which will help us to eliminate the cigarette black market and save taxpayers millions of dollars.

Thank you again for a job well done.

Kay ley Hutchison State Treasurer

KBH!dcr/rc

cc: Donna Reynolds .. ''' I\ -- .)-

'"'\'.i .- ......... ~ .... I" • ·.........:-~ ..._ !...,.../. !,...-' l I

GROCERY SUPPlY COMPANY " GSC f!'• Hllf'RISE P. C. Sox 638. 13C H:;:,..:~l Sw!ph,u Springs Te~as 75.:sJ-:::63S (9C3; 885-752~ 1·8:J0-23~·1938 PW 11 1992 ·-..-· FAX (903) 439·32·<9 May 7, 1992 TREA!;OR\' OEPARTMENT EXECt;Triif ADMIN• ..- Ms. Kay Bailey Hutchison State Treasurer P. 0. Box 12608, Capitol Station Austin, Texas 78711 Dear Ms. Hutchison, This letter is to say "Thank You" to you as State Treasurer and your Department, specificaliy Mr. David Boatright and Mr. Charlie Malouff, for your assistance in investigating a recent incident of stolen cigarettes within our Company. Mr. Boatright was very responsive to our needs in arranging the investigation and, according to my pcopie, Mr. Malouff was outstanding in handli.'lg the investigation. Ms. Hutchison, we, Grocery Supp!y Company, t:ave worked together with your Department in the past and hope that we have been some benefit to your efforts. Please know that we stand ready to assist you in the future if needed and that we really appreciate Mr. Boatright's and Mr. Malouff's · recent assislance to us and you for allowing them to respond so effectively and efficiently. Thank you again.

;;v~):~?-0'!' ?/(/!_tf:-t:-,_./l j) J...':.t.'•-:: ,. 1

Malcolm Kirkland Division President

MK:sm ~1AY 1992

~TREASUR1' I~JTEREST TOJL\CCO To\ X CR-\CK DOWN

1 ': . ~ ; .. • ~ ..... ' . :. . 1.·;~ :.. .. :.··~·~r:~1~n.;; ~~~ .1n1J!h~~ ~ce.'""' . . . __ . ···:·1·:,· l ..··~ :"' i .. -....._., ;n ~::; ..\!O:f~~ ancl tor,!!~Co

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FR0\1 THE TI{L\SUtf:lt'S IlLS h. 0 0. ·. :~!"'. Ll:~;H:~ c.";:·.!~ P:"·~ir;L·: ~ C\E! ...·i.\.:.h~eCro.ug ~~cho: ... -! ~;!-: ·! ;,.'\,; . . \., ··i''"i~~ B~·\o..'T.t:=-c Cn:nrnt,;;.\on.

Plan~ forth\." Trf..~~ht:ry ~,i,:n:;,. ~Hl' '\"

B:cntwocd P;.!zk ~·t i!l:n;' ;t :n Hl tn:1kc ... ur:.: \\1~ ~'-'t :.1 g,·nt~ . . ~':"; '·''" Thnf.' ~~· !);!u.l Bu:1:right ;!:td his fine staff for ;.·· 1 ... :;:;;~ ;·~~:tt t:~: .. ::~~.::-.ri:~!ion wa:::; ::l sa.u:cessfut on:!

Brcn~WOt~d h~~ Ol ~\\ P~lJ11ii!t= ronL ... ~fl ha~i ti~.~hi. .•. :cd ;;.·~ \~;,!1. \(I

tenni~ C<)Urts u.nd two pLt~ 'L.·.~:~· .... . .,• ::~~r\,.· '.\ di hL.· pJ..:::t~. 11: ! .:;: .letivlties ~rs \l/hit:!1 !t.'. P~\rtl::ip;tk. \\'c: "..\{U a:,o t·'"'"t' ;1 ih;~tk~n;: hooth wh-.!r~ )OU ~~!!:- thmi ii t.h."p,·.:~ \\\ ,; t.h\ !"h·~~ t~;·~c~·-'i ~ !';-.-~: .... · hring h!t.tnkt.~:~ ;IJhJ ;in~ ~;t\t -~ f~·::u:ur'-· \1,\: \'. :;~ !~~·;:d :;-. \\ ,< ~' . . o.my r.ct:c'l~;.tr~ ~fh'rt" C\ft!:pt,·c~: 11\.:•!:.!- !.h..-k . .:r-... '1,~!~:·::~~2 ... ;;:~-- cK·.}. Th~ A-..~;!, i;~ Cl' :u:•<' · . . . . . ;l. ,. :. .. . : ,:,·-~ pU!\i.lot.:h:p .... hu~ _\t'ti \\di H~·-_-,; iu ;·;,'\. ;,, :·•::· .a•.t: h-..·'-.:::·

The foUowing Ac~~\·1:: Co~lliHit::: ..· n.:n,hi·r-.. !i:;\\'1:·~:'~\_·:~y- !~ vo!unteered ;h(!ir timt: h""~ t'l;.:~:inl:: th~ ;n'po: ~~~n: ... L:~~'-=n>- a! <•~:: picnic;

Cookir._g!B.:rrbccu~ Pit~ Dt'!l~ Prfn,:;· Children\. l\c{i\·Hk'- JL·)·o.:~ Si:-,k:. ~h:nu Pl;,mnti1~ . R..·h~,·c:: C-a~1!'.,........... nd y,,.g,· \''l':!.; SnttbaHIVnl!cy~~!il ~ ~~H:h~rJ Gr-.:;.•!1 ~tn.i ~IC:\c H:u::n Fnt..'.~IC! Cnn!ni : ......;?r - ~)1\t!:; P:: ::"·.: 1

l'h..'::tSe! .C!ltlt~ti..'~ ~·(.11H .·\t'fi\ l~~ ( ·~~~!HHtHL'I...' ~tlL'I~In:..•r ~( ~Pi.• ~!t:\ ;.: ,!!;\

fun id~a~ nr it yr'•! \\Otiltl li~ .. ( t~~ !·~...:!:' n~n' ! '·:' :;:l· '.:o:·:\1. :.~;h.~.:~~~~: :n;: \.:\:t ~lrEi h;:-~!d \\~c:\t on Koenig .•.. : ;'.; ...; 1 .• -.:~!-·' n;, l i I T;l~.... ;: : !9-~.'i nn .-\r:~..,y,) Sc;-=J, :~n~ R:ty and~ ar.: t~..\Ly !,--,,f-..;':1~ ~\';~· .t·d ;,, . . c ..:i!··:: ~r·i; ,,:1 n~, ..!, ~· · · ~ \, · ".... r.~! I; ...... ,, -, :· :. ,..,-:...... ~~ • Br ~:nv. C'l .n~~ ~a;..~ a :·i£ht. Tb.: together and gel to- kt~'"'-'· ..:~,~-:~ .-~>.·: ;,; ··

! ,.1,~..· !!·.._· ~.~ni:~ ;:ld .. \l~ ( ;l, i-'.;r-.~ \!ll .,_,;!h!~Ul\.i r;~~t Burnt:: '~··.;~: !"nPr !. .-:: .: ·\!!t.~~d' 't:~...·,o :t;: ...! ft::hh'- ~h:.· J1rt.!t.:tiun:"

.--'ft. . FEBRUARY 1991

TREASURY INTEREST FROM THE TREASVRER'S f>ESK .. - CIGARETTE RIN'G SHATTERED I~ FORT WORTH It"~ tlu! timi.! ot year ag;iir~ ir~ T~X.:!'-~ Th~~ tir~~:: w:~n \~.c de~ivcr gr;:at ;1t,;V'~ tO ti:t'ti'~Hlth uf r~opi.: thret:_gi1 ~!~t~ Trea...;u~y·~ Undai:n:.::U ~tunt.:y FunJ pnJg:"Jnl. Ou Sun-:L;y. Fl'!:-:ru~try l L 1~'-)2 markl"d the Tr\~JSUT}·s :~r£e~ ~nd m~J

\lar-:h l!-.t, four miHi;1n ~vpi~~ ot th~ c::=!~:;l ar.nua! ..ui.:~c":·a--i.!! c·i~Jr~"'ttL! ~tt~t in !"C:ent history Y:het: an estimMerl Lindaimed Property ;nsbhcation wiil go out io th.: pub~i;; in >:iUJ)(l\1 wonh ,,r ,£olen ci:;.:retres and S30.000 in ~ash, thirty-five newspaper" across th~ ~T:Jt~ to infom1 pcop!~ tk!t w~;~pon~ ;md ,.ehiclc-; were co:lf:5cated m For. Worth. we have sOtnc!hin&, ttlat ~!t1r.t;~ to lhera. Trc.hury •p.:ci.1t .ogcni~ travek'd ;o Fort Wonh to work in

Last fiscai year, y.·c return...:d more mo~y !<'! mi~:-.in:! '.JWJ~;.·:·-. Cl~1jum:tion with Fl'rt Wor:h police, Department of P.:blic than ever bcfurc 1~ •.he. prn;;r;.u~·~ hi:...:o1y. Sin~.:~ th:-... y\.:';u··, S:•(·:y nffici:1!.• and tho! Tarr:mt Counll,! Di.~trict Attorney's public;::tion contain' o•cr WO.OOU n":t1<:~ nmrc>er>rim: muc~ 011;1:t: tn m;tkc the ~nt:.,.ts..

~nan S!i6 million, we :u-e expecting: anothe: ~om;men~al yc:.:r. E.1ch year the numher of mail and phone im~uiri.:s go.:' up Th~ :mc>!5 and confiscation• culminated a three-month due to tile incrca!'ing .popularity of this T•.:~'tay r•.1biic in,-~,:igat;on into ;;t(\len cigarene traffiCking in Ta!Tll.nt service. In fact. over 170.000 pico::cs of mall anti \ .iU.Oil(> Cot~n:y. A:~ ;~.m .• twemy-hve

Clear!y. makin!! this ai! happen i.o; no ~irnpk ,a,k. The work criminal ::ttlivity to rhef: over S750. begins ir. No\•embe~ and it involve' m.my arc;\-; c>f tile Treasury. Rt"que;.t., for Pr<>ro,:l!~ IRFP',) mu>t 1;0 ou: fc>r Spcciul agcms Charlie M"ioutT and Alex Pena worked pr~ntiag bii!s; compt:!Cl l;,b mt.:.•t iJc _genct;:tct!Jr.d ¢tlitcd !n dir~cr!y wtth the f(!i1 Worth Police Deparur.ent d~ng the Ordzr lCl t:~ a dean 1~1!X~ iO '-Cnd t•'l the winni:1.:.: hsdrler: rt~h:il· ar.:1t:rc•wer ~r;;::or:. u:llicr the ~Uj.'1ervisioo of Toba,t.:o T:u scr"icc :mnouncl!ments mu~t be p:ep:tr~tl ;mll "";;to TV Diz~t·x Ab:;.: F..-.::uel and Ati>ist.xnt Dn-ee!o: David ;,;m,tion.;; C41.tn.:ra ft.."'.ady an wnr~ ~tt1tl tuft.l1'1U;H\nu ;na"'l he Boatn1!~t. 'I r,·;,_,u~· ''!ZCllt' Tnmmy Ad:lms. Jeff Bi>hop. pr.:pared fo' th•· pr:n:cr; li-t~ ar.d final draf: ul;>i.:' rr.u,: he llarh:n:: Fer,m:':~. Lana Idol and C:!lvin Lee assisted in the proofed: and t;;:uporary ~~a: I n1u~1 lx: te~t:::.3. hn~;i a~d ph·-d~,wn au,,,., .trd ~~2LUlC~. n~)· alo/.) coi\d !Cted Treasury trz.ined. m-p-.:.:tion,; uf iil.: tarJ;c:cd locations where stolen goods had t-..:.:n pur.:h;"::d. ThanJ.., to a! I of you for helping to make The eflo:t g<:t'.eraiiy invl)h•e:. dl of the L:::~!anncd i:'rOOc."ll\· th:, ma.:01 ,tir:!! nper.llion ~uc!J a tlemendou~ success! staff, most of lnio~T~Ution R~>ources. Faciiir;.;:, Scrvic~' ;:~d Plan~ing. am: variou.\ Olhcr,_ Some spec!~! th:ml.:> al.m nuN ~o to Sara!: Marlow. Director of Uncl:tirncd Pmp.:rty, and Elean[")f Ro.!, A.~~tstar.: D1~cctor oi Lncb:mccl Property: Doug Prine..:. \t.ul:tgcr o! Put-:1ic O~HC;tdl. \\."hth~ jith ~i j, it.l 5ee that the publication i' print~d ami di,:rii>utcc; Sally Quereo.u. Jir. Ross. Henry Rodriguez. Steplu:n Br:g.'tl, Tin;~ 1\cwstrom ;md ~tlrk Tonhcy. Eadl uf yn' v.;,, i1Ntumcr.tai in ensuring that :hi!. pmce:.~ ran .•awod:!y and cf:"iciemly. ;,nd I ~m so proud of your hard work.

Ire lis: frequemly tont~im. na:nes Ill r.:np;c We a:~ I: nnw. including Treasury employee~. lnok f1'r )<'l!r n:•n~. Who know ..,'? \V\! m!fht bave !'-Oil~ctr.in~ ;or )nu:

~ .. ..:.• .. T::.~\ .. \ ..L .\~; .....:~

1206 Manor Drive Victoria, Texas 77901 December 3, 1991

Ms. Kay Bailey Hutchison, Treasurer Treasury Department P. 0. Box 12608 Austin, Texas 78711

Dear Ms. HuLchison:

I want to take this opportuniry to commend t:wo of your Special Agents in your Tobacco Tax Division for their work and cooperation in a joint venture we conducted with your department on November 22, J.991.

Special Agents Charlie Kalouff and Jeff Bishop were invaluable to us in investigating and ultimately sei7.ing bootlegged, untaxed cigarettes and alcoholic bevcrage:r; brought from Old Mexico and sold in Vict:oria. Texas. Without t.hese two agents cxpercise, our job would have been more difficult. I also convey to them my thanks.

,sl,nc~rel;~• 1- s\: ..._ ' • ~ Wct \:c> . I ., ~ "' "" .............

Bob Hatcher. District Supervisor VicLoria District #19

BLH:al

cc - Charlie MalotJff · Jeff Bishop

Louis M. Pearce, Jr., Clwimw.n. Allan Slrh·n!, Jr., Mnn.btr Rt•nu 1/iggi.nbotlu;.m-Brooks, MtmiHr HolL~Ion .Au.:t~ir. FOrtWmk - - ~~·, '

RETURN RECEIPT REQUESTED

May 5, 2014

General Greg Abbott Attorney General 300 W. 15TH ST. Austin, TX 78701

RE: ABUSE OF OFFICE BY A TRIAL JUDGE, ARISING FROM PERSONAL PECUNIARY INTEREST FOR MAKING DECISIONS RESULTING IN WRONGFUL CONVICTIONS, IN VIOLATIONS OF THE TEXAS CONSTITUTION, CODE OF CRIMINAL PROCEDURE, AND THE TEXAS PENAL CODE

Dear General Abbott:

._ My name is Charlie Malouff. I am a decorated, honorably retired, chief of police and decorated Texas Veteran with 29 years of service to my country. This complaint is in regards to the Abuse of Office for Pecuniary Interest leading to wrongful imprisonment, by Travis County 2991h District Court Judge Karen Sage.

The court is supposed to be the instrument to advance the ends of justice. When the trial judge, for personal pecuniary interest, makes decisions contrary to, and involved unreasonable application of clearly established state and federal laws as determined by both Supreme Courts and the Constitutions of both Texas and the United States, resulting in wrongful imprisonment, the judge surrenders their right to immunity under the color of law and subjects themself to the laws of the Stat~ of Texas.

According to Sage's best friend, attorney . Jackie Wood, and another independent attorney, Aria! Payan, whose wife works for the Travis County District Attorney, Karen Sage made decisions for votes and contributions in her then upcoming re-election, March 4, 2014, in denying dismissal, mistrial, Franks Hearings, and other defense motions. Her decisions, resulted in my arbitrary, selective, vindictive, malicious, and unethical prosecution for "Securing Execution of a Document by Deception", between August and October, 2013, that was committed in violation's of the First, Fourth, Fifth, Sixth, Eighth, Fourteenth Amendments to the United States Constitution; the Texas Constitution; the Code of Criminal Procedure; and the Texas Penal Code in the covering up of crimes by the police, and the Travis County District Attorney's Office Public Integrity Unit, including, but not limited to, "targeting" me for my "freedom of speech" (admitted to under oath by TCDA Investigator Lori Carter), Attempted Murder, Industrial Espionage, Destruction of a Federally Funded Energy Project, Destruction of Evidence, Theft of Trade Secrets, Abuse of Office, Official Oppression, Coercion, ·;.

Falsifying Time Sheets, Corruption, ongoing Brady, and Prosecutorial and Judicial Misconduct.

There are over 4 Terrabytes, of exculpatory evidence, motions, and an additional several thousand pages of trial transcripts supporting this complaint. This evidence and trial transcripts reveal the Governments arbitrary, selective, vindictive and malicious misconduct. Sage was privy to testimony, evidence and motions the jury was not. In addition, the statements made by two independent officers of the court (see attached) support this Abuse of Office. This egregious violation of law has resulted in the wrongful convictions of not one person, but two. The other, Mary Jo Woodall, a 57 year old woman who never committed anything other than a traffic violation at age 17, and who, because of the Abuse of Office by Karen Sage, never had a chance at a fair trial.

In 2006, I was convicted in violation of 26 USC Sec 5812,_ 5861 (e), 5871 Unlawful Transfer of a Firearm in the United States District Court, Southern District of Texas, Cr. No. H-06-237-001. At that same time, but unbeknownst to me, the United States attempted to prosecute Sgt. James V. Vest, Illinois State Police, for the exact same thing. Sgt. Vest sought out the congressional intent of the law; see 132 Cong. Rec. 55358-04, 1986 WL 774609, ggth Congress, 2"d Session, specifically statements from Senator's Hatch, Dole and McClure regarding this issue. Sta.ting in part, Senator Dole said, §922 "is somewhat ambiguous language." Senator Hatch stated "This amendment was designed to deal with crime guns, not weapons used to fight crime on a domestic or international scale." Senator McClure added, ''The end result has been the entrapment of otherwise honest people into violations that neither hurt anyone, nor contribute to violent crime." The Vest Court found "the law was not intenc:fed to apply to police officers, but instead its purpose was to eliminate the use of machine guns and other various weapons used to commit crimes. It does not appear that this statute was designed to criminalize police officers even if they may be guilty of mere technical violations." It went on to state, "Those (police officers) are under a reasonable belief that the person handing them that weapon~ an instructor, is imbued with the authority to have that weapon and provide it to them. " Furthermore, the Court ruled the statues were unconstitutionally vague and allowed for arbitrary enforcement. It stated the legislative history indicated it was aimed at criminal possession and not the use of weapons by law enforcement. United States District Judge David Herndon dismissed Vest's case with prejudice. (See attached). I found the Vest case researching case law for my 2255 Motion to Vacate in my instant case on April 2, 2014.

My case was a result of the independent criminal conduct of 'Eugene H. Williams, Jr., and FBI Special· Agent Mark Tilton using the US Attorney's Office in Houston, to retaliate for being called on the carpet when I, as a U. S. Coast Guardsman, on call up after 9-11, caught a Russian Spy in the Houston Ship Channel, and to suppress Tilton's failures as a supervisor, in both that case (he was the supervisor of the FBI Russian (_ ~'? .J[:-'c..-,. ·'• '-· v I

Desk) and as the FBI Houston SWAT Team Leader, and those of the ATF in his and their conduct, or the lack thereof, in the Eugene H. Williams,- Jr. case. (See attached letter to OPR, Pardon Petition).

The FBI/ATF debacle again raised its head in October, 2011 when multiple flash bang grenades, traced back to the Williams case, were planted at my house, and found four days after I was arrested, and still in jail, conveniently by Travis County Deputy Toby Miller, the complainant in this case. This was after my house and shed were trashed and no evidence was found. The ATF, US Attorney and FBI refused to conduct a thorough investigation to keep from re-addressing these issues (see 2255 Motion to Vacate). Sage heard about this when I testified at trial. In .addition, she was visibly shaken regarding the injustice. All this should be on the camera in the court security files.

According to the Constitution, I, as a Citizen of the United States, have the right to contact the President of the United States directly to apply for a Pardon. Not knowing anything about Vest, but knowing what the FBI and US Attorney were doing to me was wrong, I sought a Presidential Pardon. My Pardon Petition was, on its merits, hand carried to the President ori December 24, 2008 and was turned awa.y, not denied, because of a non-related political debacle regarding another's pardon application (see attached Tussi article). General Abbott, I am not now, nor have I ever been, a criminal minded person. (see attached resume).

The Stimulus Act was to stimulate the economy and bring jobs and income back to ·Americans in the United States of America. I, as an American, created a company that was owned by Americans, for Americans, using innovative technology, not only made in America, but made by Americans with no foreign parts, and l spent considerable time getting my On-the-Job Training Program approved by the Veteran's Administration, so I could employ as many Veteran's as possible, including handicapped. Anything taken to another country was done with the pride of knowing the product would be made in America by Americans. And that, Sir, is something I, as a Disabled Veteran, am very proud of!

I have yelled, screamed and jumped up and down in the graphic voice I was trained in as both a Drill Sgt., and sailor, since the day of my arrest, arguing I was not only set up, by Travis County Sheriff's Deputy, Toby Miller, who was caught red handed falsifying time sheets for himself, another police officer and others employed for the Grant, and who was identified as a suspect in the sabotage and destruction of a Federally funded energy project (see attached police reports), but there was no way I would get a fair trial under Karen Sage. When Jackie Wood became my attorney, she told me right off, Sage was her "best friend" and "not to worry." Prior .to the defense resting in my case, Wood repeatedly told me to "trust me" and "Karen has my back." That "trust"

3 aside, what is more important to this complaint is Wood's statement in the holding cell that "her decisions were political" referring to her upcoming re-election. Shortly thereafter, to be told the same thing by Payan (see attached sworn affidavit and other documents), two people who are, as officers of the court and ethically sworn to tell the truth regarding the conduct and integrity ·of a judge, can only be taken as true statements and that Sage abused her office, wrongfully imprisoning me for monetary and other pecuniary interests.

I pray, after you read the attached documents, you cannot help but see our convictions were brought about unconstitutional, unethical and criminal methods that offend any rational person's sense of justice, and identify the extreme malfunction in the administration of justice in both mine and Mary Jo Woodall's case's.

I PRAY there still remains ethical and honest Government advocates in your Public Integrity Unit, and in your consideration of my complaint.

Charlie Malouff 66089-179 P.O. Box 1010 Bastrop, TX 78602

4 RETURN RECEIPT REQUESTED

May 19, 2014

Honorable Bob Goodlatte Chairman, House Judiciary Committee 2309 Rayburn HOB Washington, DC 20515

RE: DESTRUCTION OF A FEDERALLY FUNDED ENERGY PROJJECT; POLICE MISCONDUCT IN COVERING UP MULTIPLE FELONIES BY A SHERIFF DEPUTY AND OTHER POLICE, INCLUDING AN ASSISTANT DISTRICT ATTORNEY; MISCARRIAGE OF JUSTICE THROUGH ARBITRARY, SELECTIVE AND VINDICTIVE PROSECUTION, PROSECUTORIAL MISCONDUCT; CONSTITUTIONAL VIOLATION'S OF THE FIRST, FOURTH, FIFTH, SIXTH, EIGHTH, FOURTEENTH AMENDMENTS, AND ARTICLE I AND II TO THE CONSTITUTION AND OTHER FEDERAL LAWS

Dear Mr. Chairman:

My name is Charlie Malouff. I am a decorated, honorably retired, chief of police and decorated Veteran with 29 years of service to my country. I come to you in a plea for help. The House Judiciary Committee has jurisdiction relating to the administration of justice in the courts and over law enforcement agencies.

Without making this letter lengthy and repetitious, this plea for help is in response to what a God faring man would claim the "beyond description". misconduct of the U.S. Attorney in Houston, Texas, the U.S. Attorney in Austin, Texas, DOE. OIG Criminal Investigators, and Agents of the ATF and FBI, the Travis County District Attorney and local law enforcement in Austin, Texas.

In 2006, I was convicted in violation of 26 USC Sec 581 ~ 5861 (e), 5871. Unlawful Transfer of a Firearm in the United States District Court, Southern District of Texas, Cr. No. H-06-237-001. At that same time, but unbeknownst to me, the United States attempted to prosecute Sgt. James V. Vest, Illinois State Police, for the exact same thing. Sgt. Vest sought out the congressional intent of the law; see 132 Cong. Rec. S5358-04, 1986 WL 774609, 99th Congress, 2"d Session, specifically statements from Senator's Hatch, Dole and McClure regarding this issue. Stating in part, Senator Dole said §922 "is somewhat ambiguous language." Senator Hatch stated "This amendment was designed to deal with crime guns, not weapons used to fight crime on a domestic or international scale." Senator McClure added, "The end result has been· the entrapment of otherwise honest people into violations that neither hurt anyone, nor contribute to violent crime." The Vest Court found "the law was not intended to apply to police officers, but instead its purpose was to eliminate the use of. machine guns and other various weapons used to commit crimes. It does not appear that this statute was designed to criminalize police officers even if they may be guilty of mere technical violations." It went on to state, "Those (police officers) are under a reasonable belief that the person handing them that weapon, an instructor, is imbued with the authority to have that weapon and provide it to them. " Furthermore, the Court ruled the statues were unconstitutionally vague and allowed for arbitrary enforcement. It stated the legislative history indicated it was aimed at criminal possession and not the use of weapons by law enforcement. United States District Judge David Herndon dismissed Vest's case with prejudice. (See attached). I found the Vest case researching case law for my 2255 Motion to Vacate in my instant case on April 2, 2014.

My case was a result of the independent criminal conduct of Eugene H. Williams, Jr., and FBI Special Agent Mark Tilton using the US Attorney's Office in Houston, to retaliate for being called on the carpet when I, as a U. S. Coast Guardsman, on call up after 9-11, caught a Russian Spy in the Houston Ship Channel, and to suppress Tilton's failures as a supervisor, in both that case (he was the supervisor of the FBI Russian Desk) and as the FBI Houston SWAT Team Leader, and those of the ATF in his and their conduct, or the lack thereof, in the Eugene H. Williams, Jr. case. (See attached letter to OPR, Pardon Petition).

The FBI/ATF debacle again raised its head in October, 2011 when multiple flash bang grenades, traced back to the Williams case, were planted at my house, and found four days after I was arrested, and still in jail. This was after my house and shed were trashed and no evidence was found. The ATF, US Attorney and FBI refused to conduct a thorough investigation to keep from re-addressing these issues. This failure to properly investigate and rush to get a conviction, has led to the arbitrary, selective, vindictive, malicious, and unethical prosecution for "Felon in Possession of a Firearm", in the United States District Court, Western District of Texas. Further compounding this egregious deprivation constitutional rights, I was charged and convicted of "Securing Execution of a Document by Deception" in the 2ggth District Court, Travis County, Texas, in violation's of the First, Fourth, Fifth, Sixth, Eighth, Fourteenth Amendments to the Constitution, Code of Federal Regulations, State and Federal laws, Rules of Professional Conduct, in the cover up of Attempted Murder, Industrial Espionage, Destruction of a Federally Funded Energy Project, Destruction of Evidence, Theft of Trade Secrets, Abuse of Office, Official Oppression, Coercion, Falsifying Time Sheets, Malfeasance by Federal Agents, Corruption, Withholding Discovery, and Prosecutorial and Judicial Misconduct (see attached documents). Additionally, the U.S. Department of Energy has compounded these felonious crimes in unethical, unprofessional, deficient, negligent and biased conduct through its field

2 employees, management, Criminal Investigator's, and other's acts. (See attached letter to DOE). Further compounding this already complex and CC?mplicated case were my own attorney's deficient and negligent conduct. (See 2255 Motion to Vacate and Judicial Misconduct)

According to the Constitution, I, as a Citizen of the United States, have the right to contact the President of the United States directly to apply for a Pardon. Not knowing anything about Vest, but knowing what the FBI and US Attorney were doing to me was wrong, I sought a Presidential Pardon. My Pardon Petition was, on its merits, hand carried to the President on December 24, 2008 and was turned away, not denied, because of a non-related political debacle regarding another's pardon application (see attached Tussi article). Mr. Chairman, I am not now, nor have I ever been, a criminal minded person.

The Stimulus Act was to stimulate the economy and bring jobs and income back to Americans in the United States of America. I, as an American, created a company that was owned by Americans, for Americans, using innovative technology, not only made in America, but made by Americans with no foreign parts, and I spent considerable time getting my On-the-Job Training Program approved by the Veteran's Administration, so I could employ as many Veteran's as possible, including handicapped. Anything taken to another country was done with the pride of knowing the product would be made in America by Americans. And that, Sir, is something I, as a Disabled Veteran, am very proud of!

I have yelled, screamed and jumped up and down in the graphic voice I was trained in as both a Drill Sgt., and sailor, since the day of my arrest, argu.ing I was not only set up, by Travis County Sheriff's Deputy, Toby Miller, who was caught red handed falsifying time sheets for himself, another police officer and others employed for the Grant, and who was identified as a suspect in the sabotage and destruction of a Federally funded energy project (see attached police reports), but the federal government was quietly directing the Travis County District Attorney in this prosecution. The instant case stems from an ARRA Stimulus Distributed Renewable Energy Grant. This was a federally funded energy project, under the constant and direct supervision and audit of federal agencies, primarily the Department of Energy, which was sabotaged and negligently investigated by the DOE, ATF and FBI, and subsequently destroyed by the City of Jonestown under the direction of the Travis County District Attorney and DOE OIG Special Agent Rosemary Peterson. This was the physical evidence to the sabotage.

1 PRAY, after you read the attached documents, you cannot help but see my conviction's were brought about unconstitutional, unethical and criminal methods that offend any rational person's sense of justice, and identify the extreme malfunction in the

3 administration of justice in both mine and Mary Jo Woodall's case's. Mary Jo Woodall is " a 57 year old woman who never committed anything other than a traffic violation at age 17, and who, because of the Judicial Misconduct of the state trial judge, Karen Sage, who denied Brady motions, motions for mistrial and dismissal, and other motions for political contributions and votes in her re-election, March 4, 2014, never had a chance. at a fair trial (see Judicial Misconduct). ·

I also PRAY there still remains ethical and honest Government advocates in you and the Committee, and you consider my plea for help.

4 .,

November 22, 2014

Ms. Leslie Caldwell Assistant Attorney General Civil Rights Division Criminal Section 950 Pennsylvania Ave. NW washington, D.C. 20530

RE: DEPRIVATION OF RIGHTS UNDER COLOR OF LAW COVERING UP THE CRIMES OF · MISPRISON OF FELONY;. ATTEMPTED MURDER;. DESTRUCTION OF A FEDERALLY FUNDED ENERGY PROJECT; .THEFT; TAMPERING WITH EVIDENCE;. INDUSTRIAL ESPIONAGE; SELECTIVE AND VINDICTIVE PROSECOTIOR;. ABUSE OF OFFICE; OFFICAL OPPRESSION; PROSECU:- 'l'ORIAL ARD JUDICIAL MISCORDUCT·r .:~ND OTHER FEDERAL LAWS; AND, VIOLATIONS OF THE FIRST, FOURTH, FIFTH, SIXTH, EIGH"l'R, NINTH AND FOURTEENTH AMENDMENTS '1'0 THE UNITED STATES CONSTITUTION.

Dear Ms. Caldwell,

My name is Charlie Malouff. I am a Decorated, Honorably Re-

tired, Chief of Police and Decorated Disabled Veteran with 29 years

service to my country.

I am coming to you with this Formal Criminal Complint of De-

privation of Rights Under Color Of Law and Conspiracy to commit these deprivations in accordance with 18 USC 241 and 242, involving

several Assistant u.s. Attorneys, and FBI Agents because their con- duct and according to the FBI Web Site Civil Rights Complaints,

this falls on you.

From 1975-1982, I was an Air Force Security Policeman. My

duties involved dignitary protection and counter-espionage (emp-

hasis on Russian and Chinese), activities.

After 9-11, I was Activated with the Coast Guard in the Port

of Houston. In December, 2001, I received information about a

"Russian Spy" in the Houston Ship Channel. After notifying the Command, I took a Boarding Team and located the vessel. Sub- sequently,·the case, with over 100 high security risk photos, was

turned over to the Houston FBI Russian Desk who negliglently failed

to act. Six months later, John Ashcroft made an announcement on

National TV elevating National Security Levels resulting from a

"credible threat to Pasadena,(TX)". The Coast Guard was put on

notice.

With a very real possibility of Congressional Inquiry looming,

the Command sent a Lieutenant commander and myself over to the

FBI Russian Desk where we met witb FBI supervisory Special Agent

Mark Tillton, who introduced himself as the head of that Desk. The

Commander, in no uncertain terms, relayed the message, if Congress

came down on the Coast Guard, the Coast Guard was coming down on

the FBI for their failure to act. (See Pardon Petition and Coast

Guard Commendatio~s for this incident.)

I personally knew Tilton from his role with the FBI Regional SWAT Team, and their affiliation with the Cypress Creek Advanced

Tactical Team, the by MOU, FBI Regional SWAT Paramedics for Houston.

Over a period of time, former ATF Agent Eugene Williams, CCATT

Operations Manager and Paramedics Team Leader, was engaged in mul-

tiple newsworthy horseplay adventures involving flash bangs taken

from training. I had nothing to do with any of Williams oddball

activities.

Williams, FBI and ATF ignored, conduct led to the incident

where he blew part of a foot off of Steven Cosby at his bachelor•s

party with flash bangs taken from,training. Even though I was no-

where near Williams or Houston, and had no idea that he took them

from training, or that horseplay was involved until much later,

2 1 " ' . search warrant at Mary Jo's. I have put all of my supporting documentation on CD. The intimate details of the beginning of this horrific nightmare·are found in the Coram Nobis, followed by the Writ of Habeas Corpus and 2255 Motion to Vacate. This is a Formal Complaint for Deprivation of Rights Under Color of Law, against: Assistant u.s. Attorney Jimmy Kitchen Assistant u.s. Attorney Daniel Guess John Doe Assistant u.s. Attorneys-Houston John Doe Assistant u.s. Attorneys-Austin FBI Supervisory Special Agent Mark Tilton FBI Supervisiory Special Agent Charlie Rasner John Doe FBI Supervisory Special Agent-Austin John Doe FBI Special Agents involved in this investigation Travis County Sheriffs Deputy Toby Miller Former Jonestown Police Officer Michelle Cook John Doe Travis County Sheriffs Deputies Travis County District Attorhey Investigator Lori Carter Travis County Assistant District Attorney Holly Taylor Travis County Assistant District Attorney-Susan Oswalt Travis County Assistant District Attorney-Greg Cox Travis County District Attorney-Rosemary Lehmberg DOE OIG Special Agent Rosemary Peterson John Doe DOE OIG Supervisors and Agents Jonestown Mayor-Deane Armstrong Jonestown City Council Travis County District Judge Karen Sage My name is not Travon Martin, or Michael Brown. I am not an unarmed black boy who was beat on by the police. I am an Honorably Retired law Enforcement Officer, and Military Veteran who has been persecuted for doing his job! Through the negligence of the FBI, Miller, the u.s. Attorneys involved, and their Good Ole Boy buddies listed above, who hid behind their badges seeking revenge, Mary Jo Woodall and myself have suffered unconstitutional crminal and civil abuses. While I cannot speak for Ma~y Jo, it does not take a rocket 4 scientist to see the criminal abuse put upon this innocent woman. Ms. Caldwell, I took multiple oaths solemnly swearing to "Defend the Constitution against all enemies foreign and Domestic." I intend to do just that! One thing I will find out is how far "no integrity" and egregious: cover up goes up in my Government·. I will be in Washington DC with a camera crew to address the Department of Energy, Office of Professional Responsibility and the FBI's tyranical, negligent and oppressive acts so that I can present this to a Congressional Committee over the malicious destruction of a Federally Funded Energy Project and the subsequent oppressive conduct by Government officials in keeping these Un- constitutional and illegal acts covered up. (See letters to DOE and OPR). To make sure my voice is heard, I will be exercising my Con- stitutional Rights of Free Speech and to redress my Government by reaching out to the 22 million Veteran's who solemnly swore to de- fend the Constitution, and others FED-UP with the Governments Mis-

conduct. ' I will be contacting your office and FBI Director Corney's Of- fice to follow up on this formal Crimi~al ·complaint. Respectfully,

u

Charlie Malouff

5 1 • Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to:

¢:>66089-179¢:> Leslie Caldwell DOJ Civil Rights-Criminal DEC 0 kJ 2014 950 Pennsylvania AVE NW 1 1 Washington, DC 20530 ja.~lce"JYpe ' United States ~rtlfled Mail 0 Express .Mall 0 Registered 0 Retum Receipt for Merchandise <: t.Jd !Zt~a.fr<_:. Cp,._pL.::. oll-f" 0 Insured Mall 0 4. Restricted Delivery? (Extra Feel"'·,;;,: :''·'t-o Yes 2. Article Number (Transfer from service label) 7011 3500 0002 9715 1691 PS Form 3811, February 2004 Domestic Return Receipt 10259~02~M·1~~J November 22, 2014

Director James B. Corney Federal Bureau of Investigation 935 Pennsylvania Ave., NW Washington, DC 20535

RE: DEPRIVATION OF RIGH'TS UNDER .COLOR OF LAW. COVERING UP 'THE CRIMES OF MISPRISON OF FELONY; A'l"l'EMPTED MURDER; DESTRUCTION OF A FEDERALLY FUNDED ENERGY PROJECT; 'TBEF'T; TAMPERING WI'l'H EVIDENCE; IRDUS'TRIAL ESPIONAGE; SELEC'l'IVE AND VINDICTIVE PROSECU'TION; ABUSE OF OFFICE; OFFICAL OPPRESSION; PROSECO- TORIAL AND JUDICIAL MISCONDUCT; AND OTHER FEDERAL LAWS; ·AND, VIOLATIONS OP 'THE FIRST, FOURTH, FIFTH, SIXTH, EIGB'l"R, NINTH AND FOURi'EERTH AMENDMEiiTS 'TO THE UNITED STATES CONSTI'TU'TION.

Dear Director Corney: My name is Charlie Malouf£. I am a decorated, Hornorably Retired, Chief of Police and decorated Disabled Veteran with 29 .years service to my country. I am coming to you with this Formal Criminal Complaint of Deprivation of Rights Under Color of Law and Conspiracy to commit these deprivations in accordance with 18 USC 241 and 242, in- volving several FBI Agents, because their conduct and the ninte- grityn of the.Bureau falls directly on you. From 1975-1982 I was an Air Force Security Policeman. My duties involved dignitary protection and counter-espionage (emphasis on Russian and Chinese) activities. After 9-11 I was Activated with the Coast Guard in the Port of Houston. In December 2001 I received information about a 11 Russian Spy" in.the Houston Ship Channel. After notifying the Command, I took a Boarding Team and located the vessel. Subse- quently, the case, with over 100 high security risk photos, was turned over to your Russian Desk who negligently failed to act. ' .

Six months later, John Ashcroft made an announcement on national TV elevating National Security Levels resulting from a "credible

threat to Pasadena~. The Coast Guard was put on notice.

With a very real possibility of Congressional Inquiry looming,

the Command sent a Lieutenant Commander and myself over to your

Russian Desk where we met with Supervisory Special Agent Mark

Tilton, who introduced himself as the head of that Desk. The

Commander, in no uncertain terms, relayed the message, if Congress

came down on the Coast Guard, the Coast Guard was coming down on

the FBI for your Failure To Act. (See Pardon Petition for more

informaton and Coast Guard Commendations for this incident).

I personally knew Tilton from his role with the FBI Regional

SWAT Team, and their affiliation with the Cypress Creek Advanced

Tactical Team, your, by MOU, SWAT Paramedics for Houston.

Over a period of time, former ATF Agent Eugene Williams,

CCATT Operations Manager and Paramedics Team Leader, was engaged in multiple newsworthy horseplay, adventures involving flash bangs

taken from training. I had nothing to do with any of William's

oddball activities.

Williams, FBI and ATF ignored conduct led to the incident

where he blew part of a foot off Steven Cosby at his bachelor's

party with flash bangs taken from training. Even though I was

no where near Williams, or Houston, and had no idea that he took

them from training, or that horseplay was involved until much

later, with the help of Houston AUSA Jimmy Kitchen and Tilton's

HRT buddy, FBI Austin JTTF Supervisory Special Agent Charlie

Rasner, I was subsequently charged and convicted for Unlawful ·2

. ···---·-·----------- . . ...

Transfer Of A Firearm as a "Present From The FBI. 11 (See Coram

Nobis).

In 2010, I caught Travis county Sheriff's Deputy Toby Miller,

and Jonestown Police Officer Michelle Cook falsifying Federal

Energy Grant timesheets on a $1.836 Million ARRA Stimulus Grant,

and subsequently their respective Department time sheets as well.

Miller was also identified to the Jonestown Police as a sus-

pect in Attempted Murder, Theft and the sabotaginq of windmills on the Federal Grant, and by his own admission in Court, illegal use

of the NCIC, his police equipment and vehicle, industrial espion-

age, Theft of Trade Secrets and more. Miller, to cover his own

crimes, got his girlfriend, Travis County District Attorney Inves-

tigator, Lori Carter, with the help of Assistant District Attorney,

Holly Taylor to falsify a search warrant affidavit and pursue criminal charges agaiQst myself, and another innocent woman, Mary

Jo Woodall. (See Writ of Habeas Corpus and 2255 Motion to Vacate

for intimate details.)

This outlandish, disgusting and oppressive ongoing unconstitu-

tional behavior has been compounded, again by your office, the

ATF and the u.s. Attorney's involved in an effort to suppress the

Houston incident, as flash bangs from that case conviently showed

up at my home four days after my house was trashed and nothing

found, and while I was still incarcerated in the Travis County

Jail. Your Austin office still refuses to identify the FBI Agent

and his supervisor taht were involved in the execution of the

search warrant at Mary Jo's.

I have put all of my supporting documents on CD. The intimate

3 ...

details of the beginning of this horrific nightmare are found in

the coram nobis, followed by the Writ of Habeas Corpus and 2255

Motion to Vacate.

This is a Formal Complaint for Deprivation Of Rights Under

Color of Law against:

FBI Supervisory Special Agent Mark Tilton FBI Supervisory Special Agent Charlie Rasner John Doe FBI Supervisory Special Agent-Austin John Doe FBI Special Agent~Austin John Doe FBI Special Agents involved in this investigation Assistant u.s. Attorney Jimmy Kitchen Assistant u.s. Attorney Dahiel Guess John Doe Assistant u.s. Attorneys-Austin John Doe Assistant u.s. Attorneys-Houston Travis County Sheriff's Deputy Toby Miller Former Jonestown Police Officer Michelle Cook John Doe Travis County Sheriff's Deputies Travis County District Attorney Investigator Lori carter Travis County Assistant District Attorney Holly Taylor Travis County Assistant District Attorney-Susan Oswait Travis County Assistant District Attorney-Greg Cox Travis County District Attorney-Rosemary Lehmberg Jonestown Mayor-Deane Armstrong Jonestown Ciry Council COE OIG Special Agent Rosemary Peterson John Doe DOE OIG Superviso~s and Agents Travis County District Judge Karen Sage

My name is not Trayvon Martin, or Michael Brown. I am not an

unarmed black boy who was beat on by the Police. I am an Honorably Retired Law Enforcement Officer, and Military Veteran, who has been

persecuted for doing his job! Through the negligence of your

Agents, Miller and their Good O~e Boy buddies listed above, who

have hid behind their badges seeking revenge, Mary Jo Woodall and

myself have suffered unconstitutional criminal and civil abuses.

While I cannot speak for M~ry Jo, it does not take a rocket

scientist· to see the criminal abuse put upon this innocent woman!

Mr. Director, I took multiple oaths, solemnly swearing to

4 .....

11 defend the Constitution against all enemies foreign and domestic 11 • I int.efn to do just that! One thing I will find out, 11 is how far no integrity 11 goes up the chains. I will be in Washington, DC with a camera crew to address the Department of Energy, the Office of Professional Responsibility's and the u.s. Attorney General's tyranical, negiigent and oppressive acts so that I can present this to a congressional Committee over the mali- cious Destruction Of A Federally Funded Energy Project, and sub- sequent oppressive conduct by Government Officials in keeping these unconstitutional and illegal acts covered up. (See ·letters to DOE and OPR) To make sure my voice is heard, I will be exercising my Con- stitutional Rights of Free·speech and to redress my Government by reaching out to the 22 million Veteran's who solemnly swore to Defend the Constitution, and others fed up with Government miscon- duct. I will be contacting your office and Ms. Leslie Caldwell at the Attorney General Civil Rights Division to follow up on this formal criminal complaint. Respectfully,

5 '.• ...

Charles A. Malouf!, Jr., (Ret. M.P.O., M.B.O). P.O.-Box 118 . Cedar Park, Texas 78630 (512)796~7000 charlie@cmenergies. com

. Chief Executive Officer responsible for management and corporate development and implementation of ·domestic and international Alternative Energy programs in the United States and Mexico. Domestic and International Patents holder of CM Energies' Vertical Axis Wind Energy System. Honorably Retired Chief of Police and Emergency Services Specialist with over 29 years of diverse experience and background that encompasses law enforcement, maritime and military law, counter-terrorism, education, management, and international private business services. Proven performance in leadership, management, highly advanced ihvestigations and examinations of violations of law including Maritime Jaws, contract negotiations, research, strategic planning, development, quality assurance, general and specialized presentations, presentation and evaluation of commercial and specialized products and training.

Key slcills include:

+ Experience in corporate upper-level management + Experience in international business development + Experience in successful NEPA Environmental Assessments and Environmental Impact Studies related to wind energy projects + Experience in upper-level management in state, county and municipal law enforcement + Over 20 years supervisory and management experience + Over l 0 years experience in successful grant writing • Senior Sea Marshal, U.S. Coast Guard, Port of Houston + Supervisory Reservist, U.S. Coast Guard, Special Missions Team, Galveston + Executive Board Member and multiple term Vice-President South Region, Texas Narcotic Officers Association + Graduate Chiefs Developmental Program Series I-II-LEMIT + Graduate of the Coast Guard Maritime Law Enforcement Boarding Officers School (Leadership and Command Course) with more than 29 years law enforcement experience + Instructor certification and experience in numerous areas, including fmancial crimes, grant writing, identity theft, field training, firearms, cultural diversity, maritime interdiction, counter-terrorism, organized crime, defensive tactics/less lethal and impact weapons + Completed training and demonstrated experience in US _Department of Labor Facilitation Management + Experience in. strategic planning involving multi jurisdictions and geographic areas + Experience in training coordination, planning, development, delivery and evaluation + Experience in budget development and fiscalresponsibility + Experience in commercial/military sales, business management, and multi-organizational research and development + Extensive experience in emergency services, dealing with crisis situations regularly + Extensive experience in Organized Crime, Public Integrity, Fraud and other Criminal Investigations + Key coordinator between Coast Guard and civilian law enforcement agencies + Experience with FBI Joint Terrorism TaskForces, US Attorney Anti-Terrorism Task Forces + 10 year Guest Lecturer Criminal Justice Department Advanced Criminal Investigations Texas State University

1--' Charles A. Malouf!. Jr. 2

Awards and Achievements Honorably Retired Chief of Police. Master Peace Officer. Silver Star for Gallantry. Purple Heart. U. S. Air Force Outstanding Unit Award, Presidential Citation, assigned to dignitary protection detail for Shah of Iran, 1979. U.S. Coast Guard Commandants Letter of Commendation, for investigating and identifying Eastern Bloc foreign operative (Russian Spy) operating in Port of Houston. Coast Guard Commendation Medal (2). U.S. Coast Guard District 9 Life Saving Award. Command Letter of Appreciation for performance during Counter-Smuggling operations, U.S.-Canadian Border. Graduate of Law Enforcement Management Institute of Texas, Chiefs Development Program Series I and II. Graduate of the Coast Guard Maritime Law Enforcement Boarding Officers· School. Over 3,150 hours TCLEOSE recognized training, and 160 college credit hours, Majoring in Criminal Justice. Participant- Operation Iraqi Freedom. Participant-Operation Enduring Freedom. Senior Enlisted Supervisor, Physical Security Team, Coast Guard Special Missions Team, MSST 91104. Boarding Team Supervisor. First Sea Marshal, Port of Houston. Senior Sea Marshal Port of Houston. Outside Agency Coordinator. Member U.S. Attorney's Office Anti-Terrorist Task Force. Member FBI Joint Terrorism Task Force (JTTF). Rewrote Coast Guard Tactical Operations and Defensive Tactics-Post 911. Other pre-911 duties included Maritime Investigations, MSO Houston. Responsible for closing 163 out of 166 narcotic cases against mariners between 1999 and 2000. Staff Member, Planning Division·MSO Houston. Developed USCG Gulf Coast Hurricane Planning Committee Operations Plan For Regional Gulf Coast Area Emergency' Operations 2000. Created and developed initial Strategic Threat Assessment Against the Port of Houston 2000-2001. Multi-Agency (Federal, State and local) Coordinator for 1122 and 1033 Programs (1988-2005). TCLEOSE Law Enforcement Instructor. Specialized instruction in Organized Crime, Money Laundering, Identity Theft, Narcotics, Terrorism, Undercover Operations, Ballistic Shield Tactics. Recognized expert in ballistic materials ·and applications. Maritime Law Enforcement Boarding Officer-Instructor. Master Instructor, Precision Ordnance Products, including Less Lethal and Explosive devices. ASP Instructor. Tactical Training Instructor. Advanced FBI Firearms Instructor. TCLEOSE Firearms Instructor. NRA Police Firearms Instructor. Personal Protection Instructor. Home Firearms Responsibility Instructor experienced in static and dynamic firearms training. ASP Baton Instructor. OC Chemical Restraint Iristructor. Less Lethal and Explosive Devices Instructor. Defensive Tactics Instructor. Guest Lecturer to Southwest Texas State University Criminal Justice Divjsion on "Conspiracy, the Making of an Organized Crime" (1997-2005). Guest Instructor Texas Hispanic Peace Officers Association 2005. Texas Municipal Police Association Member (2003- ). Staff Instructor, Cypress Creek Advanced Tactical Team Tactical Emergency Medical Services Training Unit (CCATT!fEMS), Houston, Texas (2000-2005). Member U. S. Attorney's Anti-Terrorism Task Force. Vice-President, South Region, Texas Narcotic Officers Association (2005- 2006). Vice-President, South Region, Texas Narcotic Officers Association (2004-2005). Regional Director, South Region, Texas Narcotic Officers As~ociation (2002-2004). Training Coordinator, South Region, Texas Narcotic Officers Association (2001-2002), Member, Texas Narcotic Officers ASsociation (1997-2006), Assigned to dignitary protection details for Pope Paul, and President Reagan. Analyzed, developed, and published three-part article on tactical vehicle assaults published in Command Magazine 1998. Published article on Ballistic Shield Usage in Command Magazine 1996. Presented Special Confidential Report(Organized Crime and Money Laundering) to the Treasurer, State of Texas, 1990. Lead Agent in coordination, development, and operation of multi-agency Organized Crime Task Force in Fort Worth area, 1991-92. Created and developed Confrontation Management Course instructing in traditional Riot Control, and Confrontation Management techniques Charles A. Malouf!, Jr. 3

and Field Force Options for the Director of Criminal Justice Division, Lamar University, Beaumont, Texas. One of five civilian tactical instructors invited by U.S. Air Force Security Police to participate as staff instructors in 'Urban Tactics" (advanced SWAT) Course at Fort Dix, New Jersey. Former faculty member of "Top Gun" Investigation and Prosecution of Drug Cases, Sea Girt, New Jersey. Former member of U.S. Air Force's first Anti-Terrorist Tactical Neutralization Team. Former member of American Society of Law Enforcement Trainers (A.S.L.E.T.). Former member ofNational Rifle Association (N.R.A.). One oftwo · participants in review and modification of Chapters 154 and 155, Texas Tax Code resulting in Legislative changes directed toward black market of cigarettes, 1990. Former representative to FBI's Central Texas Terrorist Working Group. Former member, Dallas/Fort Worth Retail Merchants Security Association. Former alternate member of Regional Organized Crime Information Center. Former member, Texas District and County Attorneys Association. Former member, Combined Law Enforcement Association of Texas.

Vietnam Era Veteran.

I TRULINCS 66089179- MALOUFF, CHARLIE- Unit: BAS-C-A --------------------~--------------------------------------------------------------------------------------

FROM: 66089179 TO: Harris, Stacey SUBJECT:PAYAN DATE: 10/02/2014 07:48:05 PM

Please forward:

2 October, 2014 Mr. Payan: On May 26th, 2014, I sent you an email telling you that you and your wife are a material witnesses in the suspected criminal. conduct of Judge Karen Sage, and that because of your failure to address violations of law and the ABA and TDRPC with the Court and Bar, you have compromised my appeal process, and to get off of my case and find me an attorney that is not engaged in an intimate relationship with relative parties. You have since failed to recuse yourself or file for a new trial or file complaints with the Bar. lri addition, as you said, you and your wife, who works with Taylor are good friends and I am sure Taylor has bragged about her "win" in my case. Again, you two are material witnesses that will be called in Federal court and any other court I can subpoena Taylor and Sage in.

Mr. Oskar Nisimblat, my appointed Federal Attorney for my 2255, has repeatedly tried to contact you for information regarding my State case and appeal and you have repeatedly refused to respond.

On September 19th, as a result of your negligence and abandonment, I filed a 2254 Writ of Habeas Corpus in the Western District of Texas, Case No. 1:14-cv-882-LY. I have filed a 132 page Memorandom Brief and included approximately 1800 pages including photos, and copies of the two CO's of Court Transcripts of the State case you sent me. The Judicial, Prosecutorial, and Professional Misconduct Grievances of my attorney are in that filing. I have not filed anything to do with the sufficiency of evidence. Only violations of Constitutional and Federal law under the First, Fourth, Fifth, Sixth, Eighth, Ninth and Fourteenth Amendments, 18 USC 241 and 242~ and ABA and TDRPC. 132 pages worth of case law and arguments.

On 1 October, 2014, I had an Evidentiary Hearing in Federal Court over my 2255. In that hearing, Holly Taylor and Lori Carter were both put on the stand and both admitted UNDER OATH, that HOLLY TAYLOR was OUT INVESTIGATING, TAKING PICTURES AND GATHERING EVIDENCE, BEFORE THERE WAS ANY MEANINGFUL PROBABLE CAUSE, and as a result, VIOLATED ABA and TDRPC Rule 3.7 and MANY OTHERS!! HOLLY TAYLOR CANNOT BE MY JUDGE JURY AND EXECUTIONER..WHEN SHE WITHHOLDS EXCULPATORY AND EXONERATING EVIDENCE, admits to reviewing the search warrant affidavit but HIDES BEHIND HER "WORK PRODUCT" on MATERIAL OMMISSIONS, AS AN IMPEACHABLE WITNESS, SHE BECOMES ALL THREE.

As you are still miATTORNEY OF RECORD, AND UNDER PROTEST, I AM DEMANDING you get copies of yesterday's transcripts, the 2254 AND ALL ATTACHMENTS AND YOU FILE THIS INFORMATION WITH THE APPEALS COURT IMMEDIATELY WITH A MOTION FOR AN IMMEDIATE VACATE AND REMAND FOR A NEW TRIAL, OR DISMISSAL WITH PREJUDICE!!! IF NOT, GET OFF MY CASE AND GET ME SOMEONE WHO IS NOT GOING TO CONTINUE TO FUCK MY STATE APPEAL PROCESS.

I told you early on that I will be an intimate part of the appeal process. Please provide me the name of our Appellate Judge as soon as possible. Thank you, Charlie Malouff

v ) ,, ·'

(254) 7%-4620 P.O.BOX533 FAJ{(254)796-4512 HICO, TEXAS 76457

Chief Malouff served the City of Hico for about 4 months. He came on board and departed under unique circumstances: he came to work on very short notice when the previous Chief departed suddenly for service in Iraq, and now the City of Hico is contracting with Hamilton County for Police services through the Sheriffs Office.

During his tenure here, Chief Malouff was indefatigable in serving the City. He participated in everything from attending luncheons at the Senior Citizens' Center to coordinating all security activities for the Annual Steak Cook-off event, which drew thousands of visitors to our City.

I cannot recommend Chief Malouff highly enough; please give him every consideration.

Lambert'- ·: tie Hico City Administrator

Website: hico-tx.com E-mail Address: hicotexas@htcomp.net PATTIE HUBERT BOOTH 800 N. SHORELINE BLVD., SUITE 500 CORPUS CHRISTI, TEXAS 78401

July 22,.2004

Don Lane Special Agent in Charge Coast Guard Investigative Service Gulf Region HakBoggs Federal Building, Room 1140 500 Poydras Street New Orleans, LA 70130-3310 ' SAC Lane:

I would like to recommend Petty Officer Charles Malouff, USCGR, for the position of Investigator with the Coast Guard Investigative Service:-·

I was introduced to Petty Officer Malouffin February 2003. Petty Officer Malouffwas assigned to the Intelligence Branch, Marine Safety Office Corpus Christi, Texas, providing security for the personnel, vessels and equipment to be deployed overseas. He began working regularly with our office on intelligence and criminal matters. In addition, he was actively involved in the Anti-Terrorism Task Force ("ATAC", formerly know as "ATTF") and other intelligence and security related meetings hosted by this office and the Coast Guard.

Petty Officer Malouff is third generation Lebanese and would bring an insight and understanding to this position that so desperately is needed at this crucial time. During his time in Corpus Christi, numerous reports were received of possible terrorist activity directed at military resources and the Port. Petty 'Officer Malouffs expertise . was instrumental in d.ealing with the possible threats to the area.

While assigned to the United States Attorney's Anti-Terrorist Task Force he directly assisted the FBI's Joint Task Force in the investigation and enforcement of suspected Terrorist activities and financial fraud cases. In addition, he assisted the United States Attorney's office, the Anti-Terrorism Task Force, and the Joint Anti-Terrorism Task Force (JTTF) in the execution of search warrants and arrest warrant of an individual by the name ofRizzaw Hassan. Hassan has been indicted and convicted of fraud and money laundering.

Petty Officer Malouffis personable, intelligent, self-motivated, and diligent in his desire and ability to take on complex.tasks, assist other agents, and develop information and evidence · for prosecution. It is these characteristics that I feel will make him a great asset to the Coast · Guard Investigative Service. I whole-heartedly recommend Petty Officer Malouff.

. -- -- ----- --------- ---- U.S. Department o~~~ Commanding Officer 7707 Harborside Drive Homeland Security ··~' United States Coast Guard Galveston, TX 77554 Maritime Safety & Security Team 91104 Staff Symbol: a United States ~ Phone: (409) 941-8100 Coast Guard FAX: (409) 740-3844

1600 18 Sep 2003 ·

Subj: LETTER OF APPRECIATION

1. I note with pride and am pleased to commend you for your performance of duty, commitment, and dedication while recalled to active duty at MSST 91104 from 19 February through 19 September 2003.

2. During this period; you were involuntarily recalled to active duty in support of Operation ENDURING FREEDOM. Although assigned to MSST 91104, you were involuntarily dispatched TDY to MSO/Group Corpus Christi to assist with Military Out Load Operations. You accepted your orders and displayed exemplary professionalism despite being deployed away from your parent unit. Your continued commitment to mission accomplishment and "can-do" attitude was exemplary and contributed in no small measure to the overall success of the out load operations.

3. Upon return to MSST 91104 in March, you continually demonstrated outstanding leadership and performance in your duties with the Physical Security Team. In July, you deployed for three weeks, on a multi-agency operation. Again you demonstrated quality leadership in your role as a senior petty officer. The dedication, pride and professionalism you consistently display bring credit upon yourself, your team, and the United States Coast Guard.

4. Your high level of performance and enthusiasm is sincerely appreciated. I look forward to your continued presence here at the unit. Keep up the good work!

#

------·--------- 07/31/2003• 10:01 3154825551 SH\ ALEXBAY PAGE 62

fi .. Cilrnmander 1240 2ast 9lh Street Nln~., Coast Guard Olstr1c:t Cleveland, OH 44199-2060 SIBff Syr.1bol: (osr) Phone: (216)902-6111 Fax: (21?)902-6121 Email: ppreusse@d9.uscg.mil

3130 JUL 1 5 ZG03 MEMORANDUM ~· ..J:~SE;CAPT Reply to D9(aosr) CGD NINE (osr) Attn of: LCDR K. Willis (216)902-613 5

To: CG GP Buffalo Subj: SAR TEAl\19 AWARD

1. Please convey my appreciation to USBP agent William Reed, PS 1 Charles Malouff, BM3 Artre Rusk and SNPS Josh Way, for their outstanding efforts in the rescue ofNlr. Steven Coville from the waters along the St. Lawrence River adjacent to St. Lawrence Park, Canada. 2. At approximately 1815, July6, 2003, USBP Agent William Reed, coxswain on a jointly crewed USBP boat, was showing BM3 Rusk and SNPS Way known smuggler departure points along the Canadian border, specifically around the Brock:ville/St. Lawrence Park area. They were traveling west, passing the main parts of the Brockville downtown area approaching the St. Lawrence Park wh~ .th.ey _o1J~.~ed.numerous people switnnllng in the adjacent waters including a lone male, later identified ·as· Mr: Steven Coville, swimming across the channel to lVme Island. As the boat crew moved within 50 yards of Mr. Colville, they observed him suddenly begin to flail his arms and briefly yell for help. BM3 Rusk and SNPS Way rushed to the front of the boat while agent Reed expertly maneuvered the 27-foot Sea Ark against a strong current that pulled Mr. Coville and the boat in opposite directions. The boat crew observed Mr. Coville go under and resmface. As he resurfaced, agent Reed repositioned the boat bow-on as BM3 Rusk attempted to grab Mr. Coville. Strong· ctlrrCnts once again thwarted their efforts and Mr. Colville was swept back under the water, bobbing back to the surface. Throughout the rescue, agent Reed continued to expertly maneuver the boat, careful not to strike Mr. Coville while staying close enough to affect the rescue. As soon as Mr. ·ec;ville resurfaced for the third time, SNPS Way threw Mr. Coville a line he was able to grab. Both BM3 Rusk and SNPS Way got a hold of Mr. Coville and pulled him into the boat. It was obviolis that he was suffering from hypothermia and shock as he was shaking uncontrollably. The crew immediately began emergency warming procedures. Mr. Coville stated he had tired rapidly again~ the-~ and could no longer swim. Agent Reed contacted emergency medical ass~ce and trimsfei'red Mf. Colville to the awaiting constable at Gilbert's Marine in Brockville, Ontario. 3.. Ctiast. Guartt···seiu-ch and Rescue (SAR) operations were clearly enhanced by the persistence, dilig~ce and .~9fe$~i~~alism exhibited by the crew of the USBP boat crew. By virtue of their efforts; they ~~Y..ejoiried the prestigious ranks of SAR Team 9, a network of individuals who perform seatell..and ~e Oh the Great Lakes. Please accept these certificates and pir..s as a token of our apprec~atirin for aj~b well done!

...

·. •~~i); ~~4~ 9 certificate and?in THE COMMANDANT OF THE UNITED STATES COAST GUARD WASHINGTON 20593 4

06 September 2002

Subj: LETTER OF COMMENDATION

1. I note with pride and am pleased to commend you for your performance of duty from September 2001 to September 2002 while serving in the Sea Marshal Branch of the Homeland Security Department at MSO Houston-Galveston. Following the tragic events of the 11 September 2001 "Attack on America" you were recalled. to serve your country in the newly creat~d Homeland Security Department during Operation Noble Eagle. You began your duty in the Base Security Branch, logging over 200 hours of security patrols that were instrumental in the overall protection of the base and it's personnel. You were the lead watchstander supervising over 45 day and nighttime watches when you resolved over 20 potential trespass attempts, including a series of suspicious vehicles in the vicinity of the main gate. When Coast Guard priorities changed and new secUrity missions evolved, you volunteered to serve on one of the· Coast Guard's first Sea Marshal teams. Your relentless drive and considerable Coast Guard law ·enforcement experience played a vital role in the new operational mission as you oversaw the escort of 65 High Interest Vessels. In March 2002, upon receiving reports of a po~sible stowaway, you fought drenching rains, high winds and 8-foot seas in order to reach the suspect vessel. Once on board, you conducted a comprehensive search ruling out the presence of the potentiai threat, and then provided an armed escort during the vessel's twelve-hour transit into port. In December 2002, you aggressively investigated an incident involving a suspicious crewmember of a foreign vessel taking photographs of the Houston Ship Channel and it's critical infrastructure. Your quick actions led to immediate interviews with the crew and a federal law enforcement analysis of the photographs, circumventing any potential threat to the port. Your rapid patriotic response and participation in the most extensive mobilization of reserve forces since World War II greatly contributed to .the· rapid establishment of our current heightened national maritime security posture..

2. You are commended for your outstanding performance of duty. By your meritorious service you have upheld the highest traditions of the United States Coast Guard.

3. You are hereby authorized to wear the Commandant's Letter of Commendation Ribbon ,Bar. The Operational Distinguishing Device is authorized;

For the Commandant

~pl!fcc!.:? Commanding Officer, Marine Safety Office Houston-Galveston Safety Office Houston-Galveston ADMINISTRATIVE REMARKS

and Discipline Reference: None

Responsible Level: Unit· Entry: (General-Positive)

..

26DEC01: PS2 Malouf£ is recognized for his outstanding and significant accomplishment in identifying and handling of the preliminary espionage investigation of a suspected Eastern Bloc operative on December 26, 2001. PO Malouf£ was part of a Sea· Marshal Team onboard the vessel UMIAVUT when it was brought to their attention that one of the crew members had taken an excessive amount of security related pictures throughout the Houston Ship Channel. Upon closer investigation of this individual by the FBI, no wrongdoing could be proven. PO Malouf£ is commended for his professionalism, dedication and expertise. Job well done, Bravo Zulu.

~~1{ -.' CW04, USCG

18JAN02: I acknowledge the above entry.

C.A. Malouf£

1. NAME OF PERMANENT UNIT MSO Houston-Galveston 5. GRADE/RATE 6. PAGE 7 PS2 Page 2 - File in Service Record NOMINATION FOR SILVER STAR FOR BRA VERY

On 25 June, 2005, a blistering 100 degree summer day, at approximately 1530hrs., returning from a Police Chief Development Course in Huntsville, Texas, Hico Police Chief Charles A Malouff, survived a multi-fatality, automobile accident just south of Briggs, Texas on U.S. Highway 183 and while seriously injured, unselfishly attempted to extract and rescue the other vehicle occupants.

Rafat Saulat, driving no11hbound in her 2000 Toyota four-door sedan, left the road causing her to over correct and cross into the southbound lane. Unable to take evasive action, ChiefMalouffbroadsided the Toyota resulting in a fiery crash engulfing both vehicles. After several minutes of being trapped inside his burning 2005 Ford Pick-UP and ignoring his own serious internal injuries, ChiefMalouffwas able to kick his way out of the passenger side window and proceed around to the Saulat's vehicle. ChiefMalouff forced his way through shattered glass and flames in the back seat and pulled Sajid, a 14- year-old boy, out of the burning vehicle and placed him in the grass away from the flames and scorching asphalt. Looking back at the wreckage, Chief Malouff observed two bodies still inside the vehicle. ChiefMalouff noticed two young males attempting to open the Saulat's driver's door, but to no avaiL ChiefMalouffwent over to the vehicle and also attempted to open the door, but to no avail. ChiefMalouffthen went up to several ofthe gathering vehicles and secured two shovels and a pry bar. ChiefMalouff broke both shovels on the driver's door and one ofthe men assisting bent the pry bar. The flames had now engulfed the inside of the Saulat's vehicle and the men assisting moved away from the vehicle. Chief Malouff went back into the flames and attempted to open the door. Unable to open the door, ChiefMalouff attempted to pull Mrs. Saulat and her daughter Arshia, out of the vehicle through the window. Unable to do so, Chief Malouffreturned to the gathered vehicles and secured a rope. ChiefMalouffwent back into the burning vehicle and tied the rope to the driver's doorframe and to a bumper of a truck that had moved into a closer position. Assisted by the two men, ChiefMalouff guided the truck fonvard where the driver's doorframe broke, leaving the lower portion of the door in the locked position. ChiefMalouffwent back to the burning vehicle and attempted one more time to extract Mrs. Saulat. The flames became so intense, Chief Malouffhad to finally back away. The flames spread around the vehicles and headed for Sajid. ChiefMalouff picked up Sajid and carried him to a vehicle where he was placed in the rear away from the flames. 22 minutes after the accident and shortly thereafter, the first fire truck and other emergency vehicles arrived on scene.

The Saulat's were all pronounced dead at the scene. ChiefMalouffwas transported to the area trauma center and later diagnosed with permanent disabling injuries.

Chief Malouff' s heroic acts and indefatigable conduct, while himself seriously injured, exempli(y the traditions of a Peace Officer's commitment to unselfishness and public safety. American Police Hall of Fame ·SILVER STAR FOR BRAVERY IS HEREBY PRESENTED TO

Charle4t A. lvfalouff For Unselfish Line of Duty Heroism in which this Law Enforcement Officer, at perilous risk to his own life, performed his duty in such a manner as to reflect courage, dedication and initiative becoming to the professional law enforcement officer.

Issued by the National BoardofTrustees upon the recommendation of the Awards Committee this 30th day of June, 2006 kttul- PRESIDENT T;1A'RS TE~~~~~tiREMENT SYSTEM RECEiVED APR 0 6 2006 March 31 , 2006 TCLJ::··JSE

Mr. Charles Anthony Malouff Jr. PO Box 26041 Austin, TX 78755

Your application for Occupational Disability has been approved .

.Contact TMRS if any information is inc~rrect.

. - Retirement pate. February 28, 2006 R,etiremeri( Option ,. ' CASH OUT Lump-sum payment will be the only payment due. Check mailed March 31, 2006 Supplemental Death Benefit Co-Beneficiaries: Dana You may change your ., . ' M. Malouff-McCoy & Kristy beneficiary designation at ' .. i D. Malouff anytime.

If you have any questions or if we can be of any assistance, please feel free to contact our Retirement Department at 1/800-924-8677.

12 .. /V_~ ~·Anderson · Executive Director GWA/jcw

TMRS 512.476.7577 P.O. Box 149153 TOLL-FREE 800.924.8677 AUSTIN, TEXAS 78714-9153 www.TMRS.cmi FAX 512.476.5576 NOMINATION FOR POLICE PURPLE HEART

On 25 June, 2005, a blistering 100 degree summer day, at approximately 1530hrs., returning from a Police Chief Development Course in Huntsville, Texas, Hico Police Chief Charles A. Malouff, survived a multi-fatality, automobile accident just south of Briggs, Texas on U.S. Highway 183 and while seriously injured, unselfishly attempted to extract and rescue the other vehicle occupants.

Rafat Saulat, driving northbound in her 2000 Toyota four-door sedan, left the road causing her to over correct and cross into the southbound lane. Unable to take evasive action, ChiefMalouffbroadsided the Toyota resulting in a fiery crash engulfing both vehicles. After several minutes of being trapped inside his burni.ng 2005 Ford Pick-UP and ignoring his own serious internal injuries, ChiefMalouff was able to kick his way out of the passenger side window and proceed around to the Saulat's vehicle. ChiefMalouff forced his way through shattered glass and flames in the back seat and pulled Sajid, a 14- year-old boy, out of the burning vehicle and placed him .in the grass away fi·om the flames and scorching asphalt Looking back at the wreckage, ChiefMalouff observed two bodies still in.side the vehicle. ChiefMalouffnoticed two young males attempting to open the Saulat's driver's door, but to no avail. ChiefMalouffwent over to the vehicle and also attempted to open the door, but to no avail. ChiefMalouffthen went up to several of the gathering vehicles and secured two shovels and a pry bar. ChiefMalouff broke both shovels on the driver's door and ohe of the men assisting bent the pry bar. The flames had now engulfed the inside of the Saulat's vehicle and the men assisting moved away from the vehicle. Chief Malouff went back into the flames and attempted to open the door. Unable to open the door, ChiefMalouffattempted to pull Mrs. Saulat and her daughter Arshia, out of the vehicle through the window. Unable to do so, Chief Malouffretumed to the gathered vehicles and secured a rope. ChiefMalouffwent back into the burning vehicle and tied the rope to the driver's doorframe and to a bumper of a truck that had moved into a closer position. Assisted by the two men, ChiefMalouff guided the truck forward where the driver's doorframe broke, leaving the lower portion ofthe door in the locked position. ChiefMalouffwent back to the burning vehicle and attempted one more time to extract .Mrs. Saulat. The flames became so intense, Chief Malouti had to finally back away. The flames spread around the vehicles and headed for Sajid. ChiefMalouff picked up Sajid and carried him to a vehicle where he was placed in the rear away from the flames. 22 minutes after the accident and shortly thereafter, the first fire truck and other emergency vehicles arrived on scene. ·

The Saulat's were all pronounced dead at the.scene. ChiefMalouffwas transported to the area trauma center and later diagnosed with permanent disabli~g injuries.

ChiefMalouffs heroic acts and indefatigable conduct, while himself seriously injured, exemplifY the traditions of a Peace Officer's commitment to unselfishness and public safety. %ttttrirmr Jfniice ~ ®£ JJl'mttt 1lafu 1 Jurple~~ Jtlor IJlim of ~uflJ ~njurlJ '

CJ!iis Wif{ certify r.Ifiat Charles A. Malouf{ of tfze Hico, TX Police 'lJepartment has 6een efectetf to. tfze Pofice Legion of tfie Purp [e Jfeart in recognition of the grievous injuries sustainetfwfiife in tfzepeiformance ofauties as a faw enforcement officer antiis hereby aut/iorizetf to wear tfze officia{ metfa[antiservice 6ar. Issuetf 6y the .9lmerican Po{ice Jfa{{of1'ame,

~rl. uJ. rrliis ·3oth . ..r) e 2oo6 rfayo; un'

Presiient

71711M"' Bosque County Sheriffs Office SHERIFF CHARLIE JONES • HWY. 22, P.O. BOX 741 • MERIDIAN, TX 76665 • 254/435-2363 FAX 254/435-2245

August 15, 2003

Mr. Charles Malouf! P.O. Box26041 Austin, Texas 78755

I would _like to say Thank You for taking time out ofyour busy schedule to hold class for my Deputies earlier this week. Everyone commented that your presentation was very informative, useful and fun. In fact, they have requested that I only use you as an instructor in the future.

Once again, I appreciate you, and look forward to our next meeting.

Bosque County Sheriffs Department

.J .4 Q t/z~;~ Charles E. Jones, Sheriff

. CEJ/ko Department of Criminal Justice SWT

March 22, 2000 TO WHOM IT MAY CONCERN:

I have known Mr. Charles Malouff for the past five years in both a professional and personal capacity. In all instances I have found him to be an intelligent, articulate and energetic colleague. He has consistently impressed me with his thorough preparation, determined approach, and by his ability to integrate the conceptu- alizations of theory with the demands of reality for effective problem resolution. Because of a variety of factors, I feel that he is an excellent candidate for a police administrative position. First, Mr. Malouff brings a 'llide variety of experience in law enforcement. While with the State of Texas as an investigator he worked in several job environments 'Iilith progressively increasing . responsibilities. These experiences have given him more than substantive knowledge of varying law enforcement situations. They have also provided him with an accurate and realistic sense of values for the workplace and has instilled an unusually strong work ethic. Second, I have had the opportunity to see Mr.- Malouff develop in the academic world. While employed full-time as a police officer, he has cont~nuously pursued his degree. While pursuing this goal he never took away time from his family and church commitments and managed to participate in various community programs. These experiences have forced him to budget his time wisely.

Third, Mr. Malouff's record as a criminal investigator speaks for itself. His clearance and conviction rate were unsurpassed. Such a record indicates that he was able to not only obtain the relevant information for prosecution, but he was also able to do so within ~he legal parameters established by the judicial system

Southwest Texas State University 601 Universit~·Drive San ~'farces. Texas 78666-46!6 Off: 5i2-245-2i74 Fax: 512-245-8063 -2-

Re: Mr. Charles Malouff March 22, 2000

Finally, on a more personal level, I have found that his most admirable traits are an unimpeachable integrity and a persevering desire to see the final fruition of his efforts. I feel that he is quick to realize any personal limitation and is willing to seek assistance when necessary. I highly recommend Mr. Malouff and feel that he will be a definite asset to any law enforcement organization. Should you have any questions or wish to discuss the matter in more detail, please feel free to contact me at my office (512/245-3347) or at home {512/288-7242). Sincerely,

Dr. Tomas C. Mijares CAPTAIN .A..LLEN FREEMAl"l Spartanburg County Detention Facility 950 California Avenue Soartanburcr South Carolina 29303

AP & T INC. 502 BAYBERRY COURT CEDAR PARK TEXAS 78613

DEAR CHARLIE MALOUFP

IT WAS A REAL PLEASURE MEETING AND GETTING TO SPEND SOME TIME WITH YOU DURING THE 7TH ANNUAL SOUTHEASTERN SWAT CONFRENCE AND TRAINING. THANKS SO MUCH FOR PARTICIPATING AS A INSTRUCTOR AND HEAD JUDGE. EVERYONE THAT ATTENDED YOUR TRAINING WAS VERY IMPRESSED AND SPOKE HIGHLY OF YOUR TRAINING. CHARLIE I DON'T THINK I NEED TO TELL YOU HOW MUCH WORK GOES INTO HOSTING THIS EVENT AND WITHOUT THE HELP OF OUR SPONSERS IT WOULD NOT BE POSSIBLE. I TRUST THROUGH OUT THE YEAR YOU WILL KEEP IN TOUCH AND PLEASE PASS THE WORD ONTO DEPARTMENTS THAT YOU COME IN CONTACT WITH OR KNOW THAT WOULD BE INTERESTED IN THIS EVENT. IT WOULD BE GREAT TO HAVE A TEAM FROM TEXAS NEXT YEAR SO PLEASE PASS THIS ·oN TO YOUR NEIGHBORING DEPARTMENTS. I LOOK FORWARD TO SEEING YOU AGAIN NEXT YEAR SO TAKE CARE AND DON'T BE A STRANGER. ~-:} /) /; (~_ ' . ~............. \ J~-"Y)-'-..--"0-...._ SINCERELY CAPTAIN ALLEN FREEMAN State of New Jersey DEPARTMENT OF LAW AND PUBLIC SAFETY DIVISION OF CRIWNAL Jusnc!E _ 25 MARKET STREeT CN 085 DEBORAH T. PORfi'Z TRENTON, NJ C8825-0#SS TERRENCE P. FARLEY AnORNEY GENERAL TELEPHONE: (500) 984-6500 DIRECTOR

May 14, 1996 Jeffrey Shultz, President Centurion Ballistic Shield Corp. Tremont on the Cammon 151 "l'remont St. Boston, Mass. 02111

Dear Mr. Shultz: I am writing to express my a~preciation for your allowing Charlie Malouf£ to travel to New Jersey for Top Gun Cl~ss 7, held from April 12-19, 1996 at the New Jersey Police/Criminal Justice Academy at Sea Girt. I was quite pleased when Charlie offered to attend, having previously met him at the Urban Tactics Course conducted at Fort Dix. Charlie originally offered to present a lunchtime Shield Seminar for the Top Gun Class of approximately 96 sworn Officers. As it turned out, Charlie saved our bacon when he was able to fill in a 3-hour block of instruction, when other instructors were unavoidably delayed. In addition, Charlie was able to share his expertise in tactics and use of the shields during our raid practicals. On behalf of the Top Gun Faculty, I would like to thank you for allowing Charlie to participate. His dedication and professionalism reflect very wall upon you and the Centurion Ballistic Shield Corporation. I have provided Charlie with the dates of upcomingTop Gun Classes, and extend through you an open invitation to him to attend whenever it is practical. Should you wish to speak to me at some point, my telephone number is 609- 530-'3401.

Jo'· -Robin M. Quelch eputy Attorney General Statewide Narcotics Task Force ,_ c: SDAG T. Barry Goas .\ .·:.- - DELEGATED EXAMINATING UNIT PERSONNEL DIVISION ~EDERAL LAW ENFORCEMENT TRAINING CENTER GLYNCO, GEORGIA 31524 ' NOTICE OF RATING

Charles A. Malouf£, Jr. 5408 Scout Island Circle South Austin, TX 78731 SOCIAL SECURITY NUMBER: XXX-XX-XXXX ANNOUNCEMENT NUMBER: 92-68 VETER~NS PREFERENCE: 5 FINAL SCORE: 96 REGISTRATION DATE: 12-8-92 POSITION TITLE: Training Instructor (Law Enforcement) GRADE: GS-1712-12 * IF YOU RECEIVED AN INELIGIBLE RATING, IT WAS BASED ON:

THIS IS NOT A JOB OFFER. It is a notice of your rating for the announcement shown above and reflects information contained in your record as it appears in our files. You should carefully review this information to assure that it is correct. If any information is incorrect or has changed si~ce you submitted your application, you should notify this office in writing. Requests for change will be acknowledged. Due to the nature and confidentiality of information contained on applications for employment, inquiries should be addressed to this office in writing. VETERANS PREFERENCE: You must qualify for a job (that is, meet minimum experience andjor education requirements) before veterans preference points are added to your score. The score reflected above includes additional points if you are entitled to veterans preference. REQUEST FOR REVIEW OF RATING: If you disagree with your rating and desire a re-evaluation of your application, you must submit your request in writing to this office WITHIN 30 DAYS OF THE REGISTRATION DATE SHOWN ABOVE. You should include specific information about your experience/training and an explanation of why you believe you meet the qualification requirements of the p6sition or should have a higher rating. Your request will be considered and you will be notified in writing of the results. LENGTH OF ELIGIBILITY: Your eligibility will entitle you to active consideration in accordance with your standing on the list of eligibles for 90 days from the above registration date. ELIGIBILITY IS RESTRICTED TO THE ANNOUNCEMENT FOR WHICH YOU APPLIED. TUASUilY DE7.U'NEHT LBJ STAT!': OfflCE BUILOINv P. 0. BOX 12611&. C: AI'ITOl STATION • KAY BAILEY HUTCHISON CONGRESS AT 17TH ST. AUSTlN. lEX.U 711 II TREASURER l~l~IMI.l-61111 STATE Of TEXAS

August 20, _:1992

TO WHOM IT MAY CONCERN: .. .1 have known and worked with Charles Malouff for the last two years. In my personal opinion, he has many positive qualities that make him a valuable employee in his field.

Charlie is a very energetic ancf creative individual. He is a hard working person who .. ~gly :devotes more than forty hours a. week to his job.. He Is also creative, and · ·fr~q~entJY comes up with different ways to approach situations,· with the goal of doing his job", better:i.t Charlie is also very knowledgeable about law enforcement 'training and procedures. ·

Therefore, I personally recommend him for your consideration.

Alicia M. Fechtel General Counsel Texas· State Treasury Department AMF/jas .

. ,.. ,.,- }J... '"-X .· .........;,;_..... . ..... ...

.~~~r.:~.'~~~{~t~<· . • • . 4 -.. ~ ..... ••• J ·: .•~~~....;.: .. -·:. . .--0011.. , -.~:-~:- ·:~:~~:- . ~:--·.< . ·i~.-- ROSE-MICHEL MUNGUIA P. 0. Box 266 Austin, Texas 78767

Aug us t 8 , 1 9 9 2

Re: Charles A. Malouff, Jr. To Whom It May Concern: I have had the pleasure of knowing Charles A. Malouff, Jr., his wife, Brenda, and their children since 1986. Mr. Malouff and his wife have proven to be loyal, dependable and upstanding close personal friends. In 1989, the Texas Legislature conferred the enforcement responsi- bility of the Cigarette and Tobacco Products Tax Act on the Texas State Treasury Department (the "Treasury"). As a staff attorney at the Treasury, I recommended Mr. Malouff for one of the enforce- ment officer positions because I am familiar with his excellent record as an officerin other positions he has held. My specific job duties at the Treasury have not afforded me the opportunity to work directly with the Cigarette and Tobacco Products Tax Division, however, it is well known that Mr. Malouff is high~y regarded by his superiors and his collegues as a proficient and valuable enforce- ment officer. Mr. Malouff is extremely knowledgeable of theories, principles, and practices of professional criminal and civil investigations. He is also well trained in the area of civil rights legislation and he is sensitive to its potential impact in law enforcement situations. Mr. Malouff has the ability to coordinate, motivate and manage his subordinates and peers in enforcement programs and to communicate his thoughts and objectives effectively to his superiors and others. I highly recommend Mr. Malouff for any position for which he applies. I feel that he is more than adequately educated and trained to assume a position that requires his particular experience and credentials. In addition, I sincerely believe that he has the potential to success- fully meet the criteria of a higher level position than the one he currently holds. · I hope that you will seriously consider Mr. Malouff as a qualified candidate for the position for which he applies.

------------------ ~ ELEVEn fi'''

LETTER OF REFERENCE:

As Division Loss Prevention Manager for the Texas Division of ?-Eleven Stores (A Division of The Southland Corporation), I have had the good ·fortune of working with Charlie Malouff in his capacity of Special Agent for the Tobacco Products Division of the Texas Treasury Department over the last several years.

As Special Agent, Charlie has been exceptionally responsive to the problems of the retail industry in Texas concerning the theft and black marketing of cigarettes and tobacco products. Charlie, along with other Special Agents in the team, have helped retailers immensely in investigating and prosecuting those responsible for the illegal and costly trafficking of stolen cigarettes.

Charlie's willingness to listen to the public he serves, his ability to pull together the efforts of various law enforcement agencies, his ability to "sell" a program or course of action to his superiors, and carry it out, is a unique and valuable asset in law enforcement or any industry.

Charlie has a refreshing ability to establish a working relationship with just about anyone, instill trust and confidence in those he works with and for, and delivers on his promises.

Needless to say that this is not the case with all law enforcement officials all the time, but Charlie seems to be able to rise above titles and politics, and gets the job done.

Please feel free to contact me personally if you require further information.

Jeff Feldman Division Loss Prevention Manager The Texas Division 7-Eleven Stores A Division of The Southland Corporation

7-Eieven Stores I Texas Division 1649 2201 North Central Expressway I Suite 171 I Richardson, TX 75080 I Phone (214) 907-0711 DIVISION Of ( " ) THE SOUTHLAND CORPORATION . ,•

DEPARTMENT OF THE AIR FORCE ' '

HEADQUARTERS AIR_FORCE MILITARY TRAINING CENTER !ATC) LACKLAND AIR FORCE BASE •. TEXAS 78236

Charles A. Malouf£ 801 Fairchild Street San Ant'onio, TX 78236

Dear Charles

I was extremely pleased to hear of your quic.k thinking and actions to protect government property on 18 May 1976. As you know.there are many in our midst that.have less than the desired regard for bothpersonal and government property.

There are those th~t may ridicule and criticize you for your action· but they are the same. ones that complain because we -an~ losing ..so many of our benefits. These recalcitrant· individuals·. are the last to realize that benefits cost money and when government property is destroyed, it must be replaced. Far too often the .money set aside for our benefits must be diverted to repair or replace maliciously ·damaged property .

. _You are a credit to your family and·a definite asset to our community. This display of c~urage and just plain·"guts 11 lets my generation know that. your generation will do well when it's your turn 'to _run our.

c~ -~L- Colonel, USAF

Pr,epare the Man . .:, }

··f.

.• TliEASURY liEPAAll4ENT LBJ STATE OFFlCE BUILDING P. 0. BOX 1:!608. CAPITa. STATION ' • KAY BAILEY HUTCHISON CONGRESS AT 17TH ST. AUSTIN. ~71711 TREASURER l~l!to&.h~UI .--2·:... , -. STATE OF TEXAS . .. . __ ..,.: - . .... :.. August - 20, ...·,1992 ;

-!".:- .

:.'TC?:WHOM·IT MAY CONCERN:

.· . :(ha~~ known and worked with Charles Malouff for the last two years. In my personal . ·.·oplnioil.'he has many positive qualities that make him a valuable employee in his field. ' ' ... ~

·., ., Cti£¥Jie)~ a very energetic anctcreative individual. He·_ is a hard working person who · ~:;~!!R~91y~:d~votes more than forty hours a week to his.job/·:He.'is also creative, and .. :·P:~9~~11tiY;.t;:omes up with different ways to approach situation,s;with !he goal of doing his ·.. :Job{b~tter:f~·.Charlie is also very knowledgeable about law· enforcement "training and · procedures.

··. Thetefore~ I personally recommend him for your consideration.

Alicia M. Fechtel General Counsel .·:t~tState .Treasury Department ·;: ~~~~~s:,. ,,

----- ...... _________ COMALCOUNTY SHERIFFS DEPARTMENT October 6, 1983

.- - ·-..... ··~:"

. ... ~

...__ ···. Mr. Burney Boeck ·..·: Chief of Pol!ce ~ ·,- Hew Braunfels Police Dept :··111 W. Garden ~--a·~,,5 ~raunfels,-Texas 78130

-'_-Dear . Chief -- Boeck1 . It has come ~o my atteption th~t one of my j~ilers, Charles :·Malouf£,. has. applied for a patrol job for the city of New Braunfels. ·.. · Although I hate to.loose Mr. Malouf£ I can understand his wanting · -- to move on to something that he prefers, which is being a patrol officer. Therefore, I would like to take this opportunity to :.recommepd Mr. Malouf£ for the position ~f patro~man. During the '.time that he has been working a~ the Comal County Jail he has 1be~n - an asser to this department. Mr. Malouf£ is' a good worker, a good · listener and is willing to learn. When~ver someone is needed to . · --·-'take care of some extra 'work or put 'in some extra· ti~e Mr. Malouf£ . ,.. •is always willing to help .out, _and I 'know the job '!fill then be done .....right.· As you well know, 'when· you need a job done you want someone ··-· that-you can trust 'to do it the way it must be done. ~ -· • I ' I '

·.. ·: If ~you have any questions about Charles Malouf£ please do not hesitate to contact me. ·

JJ/kc TREASl'R \' OEPhRTMENT I.HJ ST ATF. OFFIC'E Bllii.OISG P. O.IIOX 12t.IIX, CAPI1'0L ~'TATIU~ KAY BAILEY Hl'TCHISO!\ CONGRESS AT 17TH ST. AUSTIN. TEXAS 7K711 "I HI ·\:'\IIWFH I~I::!J.U..l-HUI -'I·\ II Ill II~·''

May 22, 1992

Mr. Charlie Malouff 5408 Scout Island Circle Austin, Texas 78731

I recently received a letter from Malcolm Kirkland of the Grocery Supply Company .commending you for your help in investigating an incident of stolen cigarettes within the Grocery Supply Company.

I always appreciate hearing about employees of the Texas Treasury whose hard work is making such a difference to people throughout the state. It is efforts such as yours which will help us to eliminate the cigarette black market and save taxpayers millions of dollars.

Kay ey Hutchison State Treasurer

KBH/dcr/rc

cc: Donna Reynolds

•\Pt.: EQliAI. l H'l"t IMTl IS !'I Y 1·..\ti'I.C >'iEP

----------------------- r ' I

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GROCERY SUPPLY COMPANY A GSC ENTERPRISE P 0. Box 638, 130 Hillcrest Sulphur Springs. Texas 75~83-0638 (903) 885-7621 1-800-231-1938 ~~~y 11 1992 ·-.--· FAX (903) 439-3249 May 7, 1992 TREASLIRV DEPARTMENT EXECt;TfVC ADMIN.·,- Ms. Kay Bailey Hutchison State Treasurer P. 0. Box 12608, Capitol Station Austin, Texas 78711

Dear Ms. Hutchison,

This letter is to say "Thank You" to you as State Treasurer and your Department, specifically Mr. David Boatright and Mr. Charlie Malouff, for your assistance in investigating a recent incident of stolen cigarettes within our Company. Mr. Boatright was very responsive to our needs in arranging the investigation and, according to my people, Mr. Malouff was outstanding in handling the investigation.

Ms. Hutchison, we, Grocery Supply Company, have worked together with your Department in the past and hope that we have been some benefit to your efforts. Please know that we stand ready to assist you in the future if needed and that we really appreciate Mr. Boatright's and Mr. Malouff's recent assistance to us and you for allowing them to respond so effectively and efficiently. Thank you again.

R:1,1~~;:,7/;:l.{ j} ~!/A !f.-£~)[ 1J:-1.-:--:: / Malcolm Kirkland Division President

MK:sm

---------- MAY l992

A 1v1UNTIII. Y 1'1 'lll.IC\TI! 1:--; H 1": n II-. I:\11 'I ; ; '• I I ', ' II 1111. rL.\. \" "1.·\ II. IRI:.-\.-;1 :I{ Y lJEI'AKfll.lENT

TOBACCO TAX CRACK DOWN

•1'" T• ,;,_".',, T:, · .li' i'i"n '' L"<-'khrating yet :~not her success 111 -..,:\!II.~ tlh· -.t.:t. 1'1 T'"·'a"' hh.'L'' in cigart!ltl.! and tobacco

h·i· ''" clwr~'"' !t.< ,._. 1-on·n fill'd "_,:ainst a 51 year old Fannin 1 ·,lUll I~ ·,\ '1111a11·.,Itt l ' ' ;l~l'll't..'d t ,f pur~hasing untax.c;:d ,·i;:ilrc·!tc·, Ill ury pic·nic· arc \\c·llnndn\\ ·'' ~ C lur hard· working Activity Cnmmiuco: ha' :tlrc:tll. tennis courts and two pla~st.:apc·'· '" th.:ro: will he• pil·nty nf !"un activities in which to particip:t!c. We ""ill abP h:t\c a dnnkin:,: booth where you <:an dunk a lkput\" m a di,·ision dir.:c·t<>r~ l'ka,,· hring hlankcts and an,· bwn rumitlll\' ~ nu willm·c·d ''' "c·ll "' any .nec.:cssary sport~ c.:quq'lllt..·nt 111.:nn1'· ra~,..·lo..~.-·t.,. harhin_~ ... un-.._ etc.). The Acti,it~ Ct>llllllitt···· '"I! b.· i'"''"li•::: ,·In!. .1 .. ;:-- .•... : pOt;JtO ~:hips. hut you'' ill n,·,·,ltll I""' t.iv ~ •~n:· "''· 11 h,·, n:<::<"·

The following Activity C'ommitl<.:c• m.:mhcrs ha\"c' gc·ncn>u,l~ volunteered their time to orf!anizc the important c·km.:nt'- nl our picnic:

Cooking/Barbecue Pit- Dou,;; Prim:c Children's Activities- .l<>yce Sihley Menu Planning- RL:I>ccc:t Contrcr:t' and Y'c'lll' .\hcit:t Softbaii/Volleyhall- RicharJ Cin.:c·n and StL'\c' H<11:tll Fircant Cnmmi."ar- Doug Prine·.: J)ir.:L·tit•n.~ 111 Bt\'111\\ood P:trk:

Please contact Yl'llr r\L·ti,·it.' ( "ntlllllitt.:c: lllc'lllbcr if ~ou han· :t!n hontl-:;5: fun ideas or if you would likl' tn hl'lp ~>lit~ I 'ri' i:;~ 'ion h. t:tkc· tht:: 21.l0 exit and head West on Koenig I ,;,c· q•:tst l..un:~r Ill- d. 1. T;d,.; a right on Arroyo Seca and Ray and I are re:~lly lm,king fon•:anl t11 'L'cin:,: 'nu :dltlt,·rc· "t!!, ,!;j, ,. '\mth ,,..,,." h[.,,·k, 111 Br.:ntv:ood Avenue. Make a left your families. \\'c dll nut It:"·,· 111::n:· "~'""lllln!li,·, to ;."L't . "' 1\rc:ntwlllld. olri' c· t~nt: hlock to Yates and take a right. The together and get w knn" <::l parkin~ It>! i' half th' l·rt>ll< :\ lo•p:ll:: I :.I.,· th,· 1'\Prthl."ul ,·,it. 1':"1 1111 "-••rthl;md past Burnet I'""' I. Tum kit :

A MONTIII.Y l'lii\I.ICATION H Jl{ Till: I'.MI'I.I lYI'.I'S Ill· Till: "IF\ AS STATE TREASURY DEPARTMENT

FROM THE TREASURER'S DESK ... CIGARETTE RING SHATTERED It's that time of year again in Tex'-1~~ The time when we IN FORT WORTH deliver great news to thousands of pcopk through the Treasury's Unclaimed Money Fund program. On Sunday. Fdmtary II. llJ 1J2 marked the Treasury's largest and most March I st. four million copies of the eighth annual successful cigarette bust in recent history when an estimated Unclaimed Property publication will go out to th~: public in $50.000 worth of stolen cigarettes and $30,000 in cash, thirty-five newspapers across the state to inform people that w\!apons and vehicles were confiscated in Fort Worth. we have something that belongs to them. Treasury speci:~l. agents traveled to Fort Worth to work in Last fiscal year, we returned more money to missing owners conjunction with Fort Worth police, Department of Public than ever before in the program's history. Since this ycar"s Safety officials and the Tarrant County District Attorney's publication contains over I00.000 names representing more Office to make the arrests. than $86 million. we are expecting another monumental year. Each year the number of mail and phone inquiries goes up The :~rrests and confiscations culminated a three-month due to the increasing popularity of this Treasury public investigation into stolen cigarette trafficking in Tarrant service. In fact. over 170.000 pieces of mail and 130.000 County. At 4 a.m .. twenty-five arrest warrants and eight phone calls are becoming routine. search warrants were issued. At least twenty suspects will face felony charges ranging from engaging in organized Clearly, making this all happen is no simple task. The work criminal activity to theft over $750. begins in November and it involves many areas of the Treasury. Requests for Proposals !RFP's) must go out for Special agents Charlie Malouff and Alex Pena worked printing bids; computer lists must be generated and edited in directly with the Fort Worth Police Department during the order to get a clean tape to send to the winning hidder: puhlic undercover oper:~tion. under the supervision of Tobacco Tax service announcements must be prepared and sent to TV Direcwr Aliei<~ Fechtel and Assistant Director David stations: camer:1 rl·ady ill"! wnrk and infnrntalion 1111"1 he Boatright. Treasury agents Tommy Adams. Jeff Bishop, prepared for the printer; lists

The list frequently contains names of pt:uple we all know. including Treasury employees. Look for your n<~mc. Who knows? We might have something for you!

Ltcuh:nanl t\. J. ,\Ikon ,,f the 1:ur1 Wnnh l'<>li<:o: D~p;trtment displays ''"''~nf the cipr~11es '~itcd a" part of the investigaiion. TEXAS ALCOHOL!(: BEVERAGE COMMISSIOl' Post OJ!iu Box 13127, Capitol Station, AlWin, Ttxa.~ 78711~3127 (512) 458-2500 Jtanntnt Fox, Acting Adminislra/(

Ms. Kay Bailey Hutchison, Treasurer Treasury Department P. 0. Box 12608 ' Austin, Texas 78711

Dear Ms. Hutchison:

I want to take this opportunity to commend two of your Special Agents in your ·Tobacco Tax Division for their work and cooperation in a joint venture we conducted with your department on November 22, 1991.

Special Agents Charlie Malouff and Jeff Bishop were invaluable to us in investigating and ultimately seizing bootlegged, untaxed cigarettes and alcoholic beverages brought from Old Mexico and sold in Victoria, Texas. Without these two agents expertise, our job would have been more difficult. I also convey to them my thanks.

Sincere~

b~, f4:"\i"11tlt.- Bob Hatcher District Supervisor Victoria District #19

cc- Charlie Malouff~ Jeff Bishop

Louis M. Pearu, Jr., Chairman Allan Shivers, Jr., Mtmber Renet Higginbotham-Brooks, Mtmbtr Houston Austin Fort Wmh