HOUSTON — A Houston doctor and others are being accused of using various business entities to fraudulently transfer millions of dollars in order to avoid and delay creditors.
Dean W. Smith, M.D., and Eghtedar Sadeghpour, M.D., individually and derivatively on behalf of Houston Surgery Center LP and Outpatient Speciality Surgery Partners LP filed a complaint June 17 in Harris County District Court against Athletic Orthopedic and Knee Center, P.A.m Jack E. Jensen, M.D., Allison Jensen, John/jane Does 1-10, Houston Surgery Center LP and Outpatient Speciality Surgery Partners LP alleging violation of the Texas Uniform Transfer Act (TUFTA).
According to the complaint, the plaintiffs own an ambulatory surgery center whose founding limited partners include Jensen. They allege that Jensen used a "management agreement" with Surgical Care Outpatient Enterprises (SCOPE), a managing general partner which she controlled, to try and "strip" SCOPE of its assets in order to delay and defraud creditors.
The plaintiffs claim that "since at least 2015 and likely since 2007," Jensen "frauduently transferred millions of dollars" of SCOPE's funds to her "private clinical practice" and that three arbitrators found "SCOPE as managing general partner, and Dr. Jensen, as its control person," breached their duties to the plaintiffs who were awarded $2.37 million.
The plaintiffs also claim that SCOPE was a "fraudulent conduit with respect to the 5% fee paid under the management agreement" and that those funds were transferred to defendants Athletic Orthopedic and Knee Center and then transferred to Jensen.
The plaintiffs seek monetary relief of more than $1 million, interest and all other just relief. They are represented by Kevin Corcoran of Hendrick Kring PLLC in Houston and Joshua Hedrick, C. Jeffrey Price and Megan Servage of Hendrick Kring PLLC in Dallas.
Harris County District Court case number 2021-36359