Glenn Richard Unger DDS

[webhick]

I've heard people joke about "calling in dead" to work, but I don't think I've ever heard of someone trying it in court.

That being said, he should get extra credit for using a ruler to draw lines. Stay classy, Glenn!

[Judge Roy Bean]

The order came after Unger filed a hand-written, cryptic letter to Senior Judge Thomas J. McAvoy dated May 17.

The letter is your basic sovrun writ of mandumbass. The judge just wanted to foreclose a later claim that Unger was incompetent, and that the Court should have sua sponte ordered a competency exam.

I think anyone who could string that kind of thing together by hand (especially from memory) should be very carefully evaluated.

[JamesVincent]

2 questions.

A. Are the numbers he is using as a "trust code" based on his SSN or does it signify something else?

B. This was notarized by someone.... how do you in good conscience notarize something like that? And what kind of ID do you use to prove your dead?

[Pottapaug1938]

2 questions.

A. Are the numbers he is using as a "trust code" based on his SSN or does it signify something else?

B. This was notarized by someone.... how do you in good conscience notarize something like that? And what kind of ID do you use to prove your dead?

I don't have my notary standards handy; but I will surmise that there's a UPL issue if a notary tries to make a judgement as the the legality, or suitability for filing, of a document. In Massachusetts, my job is to verify the signer's identity and to make sure that the document is (or was) being signed voluntarily.

[webhick]

2 questions.

A. Are the numbers he is using as a "trust code" based on his SSN or does it signify something else?

B. This was notarized by someone.... how do you in good conscience notarize something like that? And what kind of ID do you use to prove your dead?

I don't have my notary standards handy; but I will surmise that there's a UPL issue if a notary tries to make a judgement as the the legality, or suitability for filing, of a document. In Massachusetts, my job is to verify the signer's identity and to make sure that the document is (or was) being signed voluntarily.

Dead men can't sign documents.

[wserra]

Or wear plaid.

[Pottapaug1938]

2 questions.

A. Are the numbers he is using as a "trust code" based on his SSN or does it signify something else?

B. This was notarized by someone.... how do you in good conscience notarize something like that? And what kind of ID do you use to prove your dead?

I don't have my notary standards handy; but I will surmise that there's a UPL issue if a notary tries to make a judgement as the the legality, or suitability for filing, of a document. In Massachusetts, my job is to verify the signer's identity and to make sure that the document is (or was) being signed voluntarily.

Dead men can't sign documents.

True; but unless I read the document and try to make judgments based on what's in it, I won't know that. And, after all, if notaries were empowered to make judgment calls of that sort, where would DMVP ever find one?

[JamesVincent]

I don't have my notary standards handy; but I will surmise that there's a UPL issue if a notary tries to make a judgement as the the legality, or suitability for filing, of a document. In Massachusetts, my job is to verify the signer's identity and to make sure that the document is (or was) being signed voluntarily.

True, to a point. I've never been a notary, my mother was for 30 odd years and I've dealt with them quite a bit over the years and I would have had some issues with it. Namely there is no government issued ID that would read Glenn Richard Family Unger Ex. And Im also kinda sure there isn't an actual signature there, just him writing a name, which I guess could be construed as a signature. It's also not dated as to when he "signed" it which would have been a no-no. Ive also dealt with quite a few that would not notarize documents for court filing that were not at least typed, much preferably the actual form available through the courthouse. And I would have thought if Joe Schmoe identified himself as an officer of an estate and filed documents as that officer then someone would have wanted to see that documentation proving their status first. I know you have to when you're talking about an executor of a will or trust here.

[ArthurWankspittle]

2 questions.

A. Are the numbers he is using as a "trust code" based on his SSN or does it signify something else?

B. This was notarized by someone.... how do you in good conscience notarize something like that? And what kind of ID do you use to prove your dead?

I don't have my notary standards handy; but I will surmise that there's a UPL issue if a notary tries to make a judgement as the the legality, or suitability for filing, of a document. In Massachusetts, my job is to verify the signer's identity and to make sure that the document is (or was) being signed voluntarily.

Dead men can't sign documents.

Not even "affidavits of non-signature"?

[Hilfskreuzer Möwe]

Learned company,

Can anyone suggest where I might find a repository of Dr. Kennedy / Unger's materials? What would be great would be video recordings of his seminars, or if he has produced some kind of overall text guide for his concepts and procedures?

I think it could be helpful for me if I had some access to a 'raw feed' from this fellow.

I poked around a bit but did not meet with any success.

As always, my thanks!

SMS Möwe

[Arthur Rubin]

Is he related to Felix?

After all, as seen in Our Fathers, Felix's father was an optometrist in Chicago.

[Famspear]

On July 1, 2013, the Court docket reflects the filing of the psychiatric report on Glenn Richard Unger (alias "Sam Kennedy"), but the contents of the report are sealed.

A competency hearing previously scheduled for August 14th has been re-scheduled to Wednesday, August 7, 2013.

Meanwhile, Unger has been refusing to accept mail at his current residence -- at the Albany County Jail. I guess he's too busy to read the mail.



EDIT: Oh, wait. I've got it. Maybe he's trying to prove his claim that he's "deceased."

[Famspear]

On August 7, 2013, the Court ruled that Glenn Richard Unger is competent to stand trial. Here's the docket entry:

Minute Entry: COMPETENCY HEARING as to Glenn R. Unger held 8/07/2013 bef Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: AUSA Ransom Reynolds for Govt; Pro Se Deft Glenn Unger present w/ AFPD Gene Primomo o/b/o George Baird present; CR: B. Buckley; CRD/mp. Deft present in open court w/ standby trial counsel present. Court Exhibit #1 marked & rec'd into evidence. Court makes findings upon the record re: deft competent to stand trial. Govt presents to Deft Unger in open court another set of discovery materials which deft refused to accept while housed in local jail facility. Court directs Govt to print contents of CD (approx. another 1,000 pages of discovery). Govt agrees & will deliver same to Deft Unger; if deft refuses to accept such materials at the jail, then Govt to turn over to deft's standby trial counsel. Court makes inquiry of deft directly re: plans to file motions; after repeated attempts made by the Court, deft does not respond. Court states that if & when deft makes motions which are clear and understandable, Court will rule on them. JURY TRIAL t/b conducted during the week of 10/14/13 in Albany, NY (approx. 3-4 days anticipated by Govt; no estimate provided by deft). Upon conclusion of today's proceedings, deft left courtroom refusing to take discovery material; AFPD Primomo takes possession of box filled w/ discovery. Deft remanded to USM. (cml) [ 10:00a - 10:30a ] (Entered: 08/07/2013)

--from the docket in United States v. Unger, case no. 1:12-cr-00579-TJM, U.S. District Court for the Northern District of New York (font enlarged by Famspear).

[Judge Roy Bean]

On August 7, 2013, the Court ruled that Glenn Richard Unger is competent to stand trial. Here's the docket entry:

... Court directs Govt to print contents of CD (approx. another 1,000 pages of discovery). Govt agrees & will deliver same to Deft Unger; if deft refuses to accept such materials at the jail, then Govt to turn over to deft's standby trial counsel. Court makes inquiry of deft directly re: plans to file motions; after repeated attempts made by the Court, deft does not respond. ...

Given the record, am I the only one who believes the Judge might be too lenient with Unger?

... Court states that if & when deft makes motions which are clear and understandable, Court will rule on them.

How about, "Mr. Unger, your failure to meaningfully respond does not conflict with the court's finding that you are competent to stand trial. Instead, it merely represents gross contempt for these proceedings and this court and until such time as you are prepared to coherently respond, you will be [insert whatever maximum punishment order is available based on local rules here]."

[Famspear]

The trial is now set to begin October 16, 2013.

[wserra]

Unger's trial is still scheduled to begin this Wednesday, October 16. Unger is, of course, pro se. If I were closer to Albany, I would attend some of it, since it should be a show.

The govt's trial brief is unusually detailed, and at least the statement of facts is worth reading. Something I learned from it: Unger didn't only attempt to defraud the govt, but a fellow dentist as well.

From the late 1990's through at least the middle of 2006, Unger practiced as an orthodontist at Columbia County Orthodontics in Chatham, New York. In the spring of 2006, Unger approached a nearby orthodontist named William O’Donnell and told O’Donnell that he was giving up his dental practice to perform “missionary work” and to tend to his ailing wife. Unger also stated that he had about 80 patients in need of orthodontic care in the future. However, Unger failed to tell O’Donnell that all of those patients had already prepaid Unger for services that O’Donnell would be providing to Unger’s patients in the future. O’Donnell agreed to accept Unger’s patients in about May 2006 assuming he’d be paid for his future work. Once O’Donnell began treating Unger’s patients, he realized that Unger had already been paid for those services.

Beginning in 2007, O’Donnell contacted Unger to express his frustrations. O’Donnell was then instructed by Unger to communicate through Unger’s associate, Kevin Mahoney. According to O’Donnell, the materials and services he was required to provide to Unger’s former patients were worth approximately $130,375.00. On December 2, 2007, O’Donnell contacted Mahoney to try to find a way to get Unger to pay O’Donnell for the amount O’Donnell felt he was owed. O’Donnell emailed Mahoney a breakdown of the expenses he had incurred caring for Unger’s patients. A few days later, O’Donnell received a false “Secured Promissory Note” from Unger/Mahoney in the mail. The note was dated December 7, 2007, and claimed to be in the amount of $200,000. The note claimed that somehow it would pay then Secretary of the Treasury Paulson that amount, and then that amount would be paid to O’Donnell as the “fiduciary” on the note. Unaware that the note was fictitious, O’Donnell attempted to deposit the note at his bank, and was told it was worthless.

Nice guy, Glenn.

And he keeps filing the gibberish, like this "Counterclaim" from two days ago. I particularly like how the Court, should it not do the obviously correct thing and dismiss the indictment, "will cause injury and hardship to Defendant, an injury collectible from the Payer in possession of the outstanding Federal withholding tax on the unrequited barter and acquisition".

You with the sneakers - out of the pool!

[notorial dissent]

I see Unger is going full on full throttle sovrun dingbat. You're right, I'll bet that trial is going to be a hoot, provided the judge doesn't shut him down from the start.

[wserra]

It's not easy to shut down a pro se defendant - he has to be able to present a defense, and can't be expected to know the rules of evidence and procedure as a lawyer would. Still, Judge McAvoy has been around the block many times.

Like I said, should be fun.

[Lambkin]

From today's Albany Times-Union
http://www.timesunion.com/local/article ... 893015.php

A former Columbia County orthodontist considered an "elder" in the anti-government sovereign citizen movement will go on trial Wednesday in U.S. District Court on charges that he scammed the Internal Revenue Service and a fellow doctor.

Glenn Unger, 62, who has used the name "Dr. Sam Kennedy" to preach an anti-tax message on Internet broadcasts and in seminars in Albany, is accused of trying to obtain $36 million from the IRS through fraudulent tax returns between 2007 and 2010.

[wserra]

PACER minute entry from Tuesday, setting the stage:

FARETTA HEARING as to Glenn R. Unger held 10/15/2013 bef Sr. District Judge Thomas J. McAvoy in Albany, NY: APP: AUSAS Ransom Reynolds & Jeffrey Bender for Govt; Pro Se Deft Glenn Unger w/ AFPD George Baird present; CR: T. Casal; CRD/mp. Deft present in open court. Court inquires regarding deft's wish to have counsel & continues his assertion that he fired his attorney & stands by that decision. Court further advises deft re: his conduct at trial & cautions deft that his failure to follow the rules will result in the loss of his right to defend himself. Deft will be removed from the courtroom & AFPD Baird will take over representation. Deft Unger will be permitted to watch trial via video-feed to his jail cell.

Emphasis supplied.

Told ya Judge McAvoy's been around.