Former Orthodontist Convicted of Attempting to Scam the IRS of $36 Million

ALBANY, NY—Richard S. Hartunian, United States Attorney, Northern District of New York, announces that on October 21, 2013, before Senior U.S. District Court Judge Tomas J. McAvoy, a jury convicted Glenn Richard Unger (62, of Ogdensburg, New York) of the following offenses: obstructing and impeding the Internal Revenue Service (IRS); filing false claims against the United States; tax evasion; and passing fictitious obligations.

The evidence at trial showed that Glenn Richard Unger engaged in a multi-year scheme to obstruct and impede the IRS by filing numerous false and fraudulent claims with the IRS for payment of a refund of taxes totaling approximately $36 million. Between 2007 and 2011, Glenn Richard Unger filed 14 false tax returns claiming that he earned substantial income reported on IRS Forms 1099-OID, had substantial withholdings on that income, and was entitled to $36 million in tax refunds. Despite numerous warning letters from the IRS that his returns were frivolous, he continued filing false tax returns.

In addition to obstructing the IRS by filing false and fraudulent claims for refund, the evidence at trial also showed that Glenn Richard Unger attempted to evade payment of taxes he owed to the IRS. During 2004 and 2005, Glenn Richard Unger earned income and failed to file tax returns reporting that income. The IRS assessed taxes for those two years and also assessed penalties for filing frivolous tax returns. After the IRS filed a tax lien against Glenn Richard Unger, the defendant attempted to file a false document with the Saratoga County Clerk’s office attempting to release the lien. Evidence at trial also showed that Glenn Richard Unger tried to pay off a debt to another orthodontist with a fictitious document purported to be worth $200,000.

As a result of the conviction, the defendant is facing a statutory maximum term of imprisonment of 25 years and a maximum fine of $250,000. Sentencing is scheduled for March 10, 2014 in Albany, New York.

This prosecution resulted from an investigation conducted by the Internal Revenue Service, Criminal Investigation, New York Field Office; the Federal Bureau of Investigation, Albany Field Office; the New York State Police, and the Treasury Inspector General for Tax Administration. The case was prosecuted by Assistant United States Attorney Ransom P. Reynolds (Northern District of New York) and Jeffrey Bender (Department of Justice Tax Division).