Charges against Layton chiropractor accused of weight-loss scheme dismissed

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FARMINGTON — Charges of fraud and exploiting elderly patients have been dropped against a Layton chiropractor accused of charging thousands of dollars to recommend a 500-calorie weight loss plan.

Michael Paul Kunzler, 47, was charged in March with seven counts of communications fraud, a second-degree felony; two counts of exploitation of a vulnerable adult, a second-degree felony; theft by deception, a second-degree felony; and forgery, a third-degree felony.

The charges have now been dismissed without prejudice, meaning they could be filed again in the future.

Prosecutors would not comment on the case.

Mark Moffat, Kunzler's attorney, said this week that the case was without merit from the beginning.

"We would like to thank Troy Rawlings and the Davis County Attorney's Office for taking the time to reinvestigate the case, because the reinvestigation of the case demonstrated that there were significant issues with the charges that were filed against Dr. Kunzler," Moffat said.

The Utah Division of Occupational and Professional Licensing announced the charges in April, along with intentions to revoke Kunzler's license. However, Kunzler's license remains active, and the division listed no disciplinary actions against him in the months after the charges were filed.

Asked about the status of Kunzler's license moving forward, a division spokeswoman said this week that the agency "can neither confirm nor deny that further actions in the Michael Paul Kunzler case are being considered."

Investigators say that from January 2013 to January 2015, Kunzler promised patients "extreme weight loss and physical regeneration without any 'strenuous' diet," reportedly charging several patients between $3,500 and $10,000 for the program, according to charging documents.

Two of his victims were 79 years old, the charges state. One of his patients reported having cancer and another diabetes when they had their initial consultation with Kunzler, but both "were offered virtually identical programs (in spite of their different health issues) and told that the program entailed a 400-calorie-per-day diet, a diet that they are unable to follow due to their disclosed health issues," according to the Utah Division of Occupational and Professional Licensing's report.

When the couple asked for a refund, Kunzler refused, the report states.

After the criminal charges were filed, many past patients reached out in support of Kunzler, Moffat said. The chiropractor had run a successful practice for 15 years.

"He had a thriving practice, he had scores of very satisfied patients who had seen him over the years for a wide variety of issues, and he had been able to help them," Moffatt said. "The press release, coupled with the initial filing of charges, severely damaged his reputation and his practice."

Moffat denied all allegations of forgery, fraud or deception that were levied against the doctor. Since charges were filed, Kunzler has essentially shuttered his practice.

"This has been a very difficult time for him and his family," Moffat said. "This whole thing has really hurt him significantly."

Kunzler has not yet decided whether to seek legal recourse now that charges have been dismissed, his attorney said.