Just about a month ago, Cary Silberman pleaded no contest to practicing law without a license. Now the San Jose man is facing a charge of practicing medicine without a license.
Silberman, 52, was arrested Monday by investigators from the Medical Board of California and was charged by the Santa Clara County District Attorney’s Office with two felonies, including practicing medicine without a license and grand theft by fraud, and one misdemeanor count of child endangerment.
Silberman did not immediately return a message seeking comment.
Silberman owns a number of spas called Shiny Toes, which advertises laser treatment for nail fungus, according to the Medical Board of California. An undercover investigator, posing as a patient, gathered evidence that Silberman was diagnosing and treating people suffering from toe nail fungus and using lasers to treat the ailment.
Laser treatments are considered medical procedures and require a medical license, according to the state medical board. Silberman is not licensed to practice medicine in California.
State investigators say Silberman injured a 4-year-old child while performing laser treatment.
The Shiny Toes website advertises locations in San Jose (on North third Street), San Francisco, San Ramon, Beverley Hills and Manhattan. The company’s website indicates that Silberman attended Mini Medical School at Stanford University and received a certificate in Pain Management from Harvard Medical School Continuing Education.
Following his arrest, Silberman was booked into Santa Clara County Main Jail on $200,000 bail.
Last month, Silberman reached a plea agreement with the Santa Clara County District Attorney’s Office in a loan modification case.
Silberman and co-defendant Robert Childs were accused of conducting businesses under several business names and offering to help modify loans for homeowners facing foreclosure but not providing the services, according to court documents. in 2008 and 09, the men were paid fees up front ranging from $1,500 to $3,000 by people looking to modify existing loans but in most cases did not provide the services, according to Santa Clara County prosecutor Paul Colin.
The men also conducted seminars for loan modifications and recruited individuals who had received default notices from their lenders.
“The operation was entirely bogus,” Colin said.
Silberman told clients he was a lawyer who would be acting on their behalf with banks. Silberman was an attorney at one time, but he resigned from the state bar in 1997 with charges pending, according to the state bar association.
As part of the plea agreement, Silberman must pay $16,745 in restitution to his victims before he is sentenced on Aug. 5. if restitution is not paid by then, Silberman will be sentenced to six months in county jail, Colin said. if restitution is paid, Silberman will be sentenced to 90 days and be eligible for an alternate program, such as electronic monitoring.
“No one should pay advance fees,” to mortgage loan consultants, Colin said. He added that homeowners should seek out a government certified agency that “will really help you through the process.”
Contact Mark Gomez at 408-920-5869.
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