San Jose resident Cary Silberman, who operated several laser treatment centers for toenail fungus removal and had clients in Los Gatos and other towns in the South Bay, has been convicted of 19 felony counts of practicing medicine without a license.
According the Medical Board of California, Silberman owned several spas called Shiny Toes, which advertised laser treatment for toenail fungus removal. However, the procedure can only be performed my licensed medical doctors and Silberman didn't have a medical degree.
Silberman was charged in July of 2011 with one felony count of practicing medicine without a license, one felony count of grand theft by fraud, and one misdemeanor count of child endangerment, alleging he injured a 4-year-old child when he performed the procedure on the child.
Silberman had spa locations in San Jose, San Francisco, San Ramon, and Beverly Hills.
The board began investigating him in January 2011 and an undercover investigator, posing as a patient, obtained evidence that Silberman was diagnosing and treating toenail fungus and using lasers to treat this ailment.
Laser therapy is part of a treatment plan developed by the physician. Registered nurses, who are properly trained, may perform laser treatments in an organized healthcare system (medical setting) only under the supervision of a medical doctor, according to the board.
On June 14, 2011, board investigators executed a search warrant on the San Jose office to seize evidence. A few days later, search warrants were executed on the San Francisco and San Ramon office locations.
Investigators from the Office of Safe Medicine checked the Beverly Hills office and found it is no longer in business. With this evidence, investigators got the Santa Clara County District Attorney's Office to issue a criminal complaint and a warrant.
Santa Clara County Deputy District Attorney Lisa Schon prosecuted the case. He was convicted of 19 felony counts of practicing medicine without a license on June 22. The child endangerment charge was cleared.
Silberman could face up to 15 years in prison for the crimes, according to the DA's Office. He's scheduled to be sentenced in July.