The New Mexico Board of Dental Health Care revoked Dr. Gardner’s license in 2019 after the dentist was accused of submitting fraudulent claims to insurance companies and treating patients while his dental license was suspended.
A motion in a new criminal case — 36 counts of tax fraud — includes a motion that claims “the public is endangered” and that Dr. Gardner should serve jail time because he is still allegedly practicing unlicensed dentistry.
According to a KOB 4 transcript, the publication’s investigator, Matt Grubs, asked Dr. Gardner why his office was still open in light of the revocation. Dr. Gardner allegedly responded, “Well, my office is open, but we’re not seeing patients.”
On Dec. 5, Dr. Gardner told KOB 4 he has been beset by poor legal representation and an attack by state agencies that don’t have jurisdiction to prosecute him. He sent KOB 4 a letter from the Tax and Revenue Department and said it proves he isn’t delinquent on taxes. He said the case is a mix-up that is weeks from being resolved.
The New Mexico Attorney General’s Office is involved in cases involving the dentist, but wouldn’t comment specifically when asked by KOB 4.
Dr. Gardner has a February court date set for the tax fraud charges. The other criminal case alleging insurance fraud is still pending.
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