TRAVIS COUNTY, Texas (KXAN) – A summons was issued Aug. 16 to a company accused of two counts of fraudulently securing a document of execution, according to Travis County court records.

A press release from the Texas Department of Insurance said that la Barbecue’s owner, LeAnn Mueller, and her wife Alison Clem, the manager of the restaurant, were indicted and summoned to appear in Travis County Court for their alleged role in a $350,000 workers’ compensation fraud scheme.

Indictment records said in July 2016, GGG VENTURES, LLC (la Barbecue) was said to have intentionally defrauded Travelers Casualty Insurance Company of America by making false statements in its insurance application.

Re-indictment records showed the company claimed it had no prior carrier and that the business had no losses. Both claims caused Travelers to sign and execute documents that affected its property and pecuniary interest, according to records.

Travelers said it was defrauded through a worker’s compensation insurance policy and claimed to have made more than $300,000 worth of payments through the policy.

On Aug. 8, the company had a $30,000 bond set, and a judge signed an order for issuing the summons. A designation hearing date was set for Sept. 28.

Brian Roark, attorney for la Barbecue, sent a statement to KXAN, saying that they believe the pair will be exonerated:

“In July of 2016, an employee of la Barbecue was injured on the job.  la Barbecue obtained an insurance policy which was backdated in order to have the employee’s injury covered by insurance.  It is perfectly legal to obtain a backdated policy in Texas.  la Barbecue then filed the claim for the injury.   The insurance company determined early on that they didn’t believe they should have to pay for the claim yet continued to pay for it anyway.  Regardless of the insurance company’s determination, la Barbecue, LeAnn Mueller and Alison Clem believed they were acting in good faith at all times when they signed the application that had been provided to them by the insurance agent.   All the monies paid for the employee were paid to the employee or directly for his medical expenses and not to la Barbecue, LeAnn Mueller or Alison Clem.  We believe once a jury hears the facts, that la Barbecue, LeAnn Mueller and Alison Clem will be exonerated.”  

Brian Roark, attorney for la Barbecue