Duped Again?

Utah chiropractor charged with 11 felonies in connection to weight-loss program

By MICHAEL MCFALL | The Salt Lake Tribune

First Published Apr 23 2015 11:48AM

A Layton chiropractor is facing criminal charges after allegedly claiming his senior citizen patients could lose weight without excessive exercise or strenuous diet.

Michael Paul Kunzler, 46, faces 11 felonies, including exploitation of a vulnerable adult, forgery and communications fraud. The charges were filed last month in 2nd District Court.

Kunzler allegedly used deceptive advertising and claimed patients could lose weight thanks to a red light in a room at his office. He also had patients pay upfront for diet plans before disclosing what the plan entailed, then refused refunds when patients couldn't participate, according to the charges.

"Based on the facts of the investigation, it is disturbing that Michael Kunzler used his position as a medical professional to defraud vulnerable seniors adults," said Mark Steinagel, director of the Utah Division of Occupational and Professional Licensing (DOPL), in a statement released Thursday.

Kunzler's attorney, Mark Moffat, said Thursday that the allegations are without merit, and that he intends to "vigorously defend [him]" against both the criminal and professional charges.

"We think that when this case is fully vetted, it will demonstrate that Dr. Kunzler did nothing illegal," Moffat said.

Investigators, however, say they found that Kunzler allegedly marketed "extreme weight loss program" through deceptive advertising from July 2, 2013 to Jan. 13 of this year. Kunzler gave his patients a diet of 400 or 500 calories a day and told them that "no exercise was required," DOPL noted in a statement.

Several senior citizens paid Kunzler between $3,500 and $10,000 to enter the program. But when they complained and asked for their money back, Kunzler refused, the statement adds.

In a November 2013 case, Kunzler and/or his assistant refused to tell two patients what the diet entailed until they signed an agreement that they would pay in full, with no refunds, regardless of whether they participated or not, according to charges. But after they signed the agreement, Kunzler allegedly gave them the same 400 calorie-a-day diet, despite their different health issues that prevented them from actually following the diet, the charges add.

Last November, an undercover DOPL agent met Kunzler at his office for a consultation. During their meeting, Kunzler showed the agent a room with a red light in it, which Kunzler allegedly claimed would help the agent lose 2 to 22 inches in one session, acording to the charges.

Investigators found Kunzler also faked certificates about his international training, and did not address many of his weight loss patients' chronic illnesses or physical handicaps in their diagnosis.

DOPL is petitioning to revoke Kunzler's license. He has until next month to respond.

DOPL also wants to hear from anyone who had similar experiences with Kunzler. People can file a complaint at dopl.utah.gov/investigations/complaint.html, or contact DOPL at 801-530-6630.

Kunzler's license was issued in 1999, according to DOPL.

His first court appearance is scheduled for Monday in Farmington.

He can’t say I didn’t warn him. We went to his office once and he made all these promises and talked us into paying $7,200 for 36 laser treatments (which is precisely what I would need) on my knees. I told him that the last chiropractor we went to was in prison now. He went in on his computer and looked up Brandon Babcock right then and there.

Yes, fools that we are, we signed up then when we got home, our sanity returned and we decided to back out. No way. We signed the contract. “What about 3-day rescind period? Isn’t that the law?” “No.” “Well, tell you what. You’ve got my $7200 but I won’t set foot in your office.” Finally, after talking to him and JaNel nearly all day long, he finally decided I could get out of the deal for $600. DeRay motioned for me to take it and run so I did. The crook.

We still sort of wanted to try laser treatment for my knees so we went to another chiropractor and he offered nearly the same thing for $800 plus 20% discount for paying in advance. “He’s the type who give chiropractors a bad name,” he aggrieved. You’re not just a kiddin’. It seems like Brent and Jan’s chiropractor is serving a prison sentence too. They went to him for years. I think I went to him a time or two myself.

The sad Brandon Babcock saga from my journal a few years ago:

DeRay read the ad in the paper for a free consultation to cure diabetes. On the phone, Babcock encouraged DeRay to bring his wife to go for the first visit.  While there, I mentioned that I have Hashimoto's Disease (an autoimmune disease where the thyroid destroys itself.)  "I'm an expert on that," he exclaimed.  He charged each of us the full fee of $5,000 each.  We paid cash.  One year of treatment, 2 visits per week, supplements.  We lived too far away to go twice a week and even before the month was up, we realized he had nothing to say to us.  He sometimes went over a little 5-minute spiel about tH something - It didn't make any sense.  He told me I didn't need Synthroid.  He ordered extensive blood and stool tests. We tried to do the cleanses but  DeRay’s diabetes worsened and he had to add insulin. They only wanted to give us half the supplements like we weren't both paying the full fee.  It was humiliating each and every time.  He basically offered nothing.  Because we had to leave Eddy home alone, and I wasn't getting any help, I only went about once a month. It was too late to ask for our money back and we were too proud to complain, realizing we had been duped.  No one likes to think they've been made a fool.  At the time, DeRay was going on 77.  I was 74.  After our first visit, I wrote in my journal: "DeRay and I had an appointment with a doctor who is going to cure his diabetes.  We paid $10,000 in advance for his treatment.  And then you wonder why I didn’t sleep last night.  We are so gullible and stupid." In my younger years, I would not have let him get away with it.  I would have confronted him - for sure, I would have written a letter.  We neither one could face the humiliation. Pride, I guess.  Stupidity for sure.  I don't know if it's because of messing with my medication but two weeks ago I had thyroid surgery. Cancer was found. I am now under the care of a cancer thyroid specialist. Losing the $10,000 to Babcock was a dark year in our history. No one likes to think they've been bilked.”

 Brandon Babcock, who conned elderly patients out of hundreds and thousands of dollars with a scheme that promised to rid the patients of chronic ailments, thyroid problems and diabetes, was sentenced Monday to six months in jail.

Though far short of the up to 30 years Babcock faced after a jury convicted him in October of six counts of third-degree felony exploiting a vulnerable adult, the sentence was a far cry from the probation-only sentence he had hoped for.

Babcock, 38, took one last look at the judge Monday, shrugged off the black, velvet jacket and offered his wrists to the courtroom bailiff, who led him away in silence.

His wife sobbed in the gallery, while two former patients of the disgraced chiropractor declared that Babcock had gotten off easy as they walked out of the room.

Third District Judge Terry Christiansen ordered Babcock to serve six months in jail — one month for each of the six counts of third-degree felony exploiting a vulnerable adult of which a jury had convicted Babcock in October. He was acquitted of four identical charges.

Babcock's chiropractic license was suspended by emergency order from the Utah Division of Occupational and Professional Licensing last year.

Unable to practice and, now, a convicted felon, Babcock told the judge that this ordeal has "ruined" his life.

"I never set out to have any of this happen. ... It's been an absolutely horrific experience from start to finish," he said in court. "I'm terribly sorry. This isn't something I'd wish on anyone. I do feel remorseful, and I plead today for your mercy."

But the judge sided with prosecutors, who asked that Babcock be sentenced to one month in jail for each victim he was convicted of conning.

"I think you need to serve some time; you exploited some very vulnerable people," Christiansen told Babcock on Monday. "You took advantage of these elderly people."

Christiansen said he hoped the jail term would act as a deterrent to any other less-than-honorable medical providers considering taking advantage of their patients to turn a quick profit.

"This court system will not allow someone to take advantage of these people," the judge said.

Babcock was also ordered to serve three years probation and repay $3,804 in restitution.

According to charging documents, potential patients were initially treated to a free gourmet dinner where they were shown video testimonials and given information about the chiropractor's "diabetes breakthrough."

When they expressed interest in the program, some said, Babcock and his staff duped them into signing up for credit without their knowledge or consent. Others said Babcock refused to refund their money despite a 30-day opt-out guarantee and a promise for 100 percent satisfaction.

What was pitched as a "free consultation" wound up costing these patients hundreds or thousands of dollars.

Several of Babcock's former patients — who ranged in age from 61 to 84 — had testified at the chiropractor’s five-day trail..

The victims referred to Babcock as "the doctor." Several told police they were never made aware of the fact that Babcock was, instead, a chiropractor. They were old and sick and desperate, they said, and they thought "the doctor" could help.

Babcock's scheme hinged on tricking people into signing papers that established lines of credit with Chase Health Advance and then maxing out the $6,000 limit when patients tried to withdraw from Babcock's services, according to testimony.

The 8-person jury took one hour and 19 minutes to decide Babcock’s fate..

Chase Health Advance eventually repaid nearly half a million dollars to people who claimed they were bilked by Babcock.

"It's not enough," said Joe Montoya, a former patient of Babcock's, who narrowly avoided being conned to the same extent as some of the chiropractor's other victims and attended Monday's sentencing. "For what he did to these people, for him to get such a light sentence? It's baloney."

•West Jordan City revoked Babcock's business license in August 2012 after he was formally charged.

• In the time since his license has been revoked, Babcock has led seminars throughout the country in hotels from Idaho to Florida, where he touts a nutritional program to reverse Type II diabetes.

• On May 18, 2013, Babcock was cited by police in Chandler, a suburb of Tempe, Ariz., for selling supplements without a city permit.

• In 2008, DOPL issued Babcock a cease and desist order after the agency found he was advertising for his business, offering treatment for depression, multiple sclerosis, fibromyalgia, learning problems, attention deficit disorder, allergies, hormone replacement relief, sleep problems and memory loss, despite not being licensed to treat any of the above. He was not formally reprimanded.