WEDNESDAY, OCTOBER 19, 2005

D.A. BROWN: FLORIDA MAN CHARGED WITH POSING AS DENTIST AT WOODSIDE OFFICE       
Faces Up to Seven Years in Prison

Queens District Attorney Richard A. Brown today announced that a Florida man has been charged with illegally practicing dentistry without a license. He was allegedly aided in his scheme by a Jackson Heights woman who allegedly posed as his dental assistant and helped him perform unlawful dental procedures.

District Attorney Brown said, “The defendant whose dental training consisted of what he could gleam out of books allegedly jeopardized the health and safety of unsuspecting patients by fraudulently holding himself out as a dentist and treating them, in some cases, with invasive procedures. This case will be prosecuted vigorously to ensure that the defendant never again has an opportunity to exploit trusting individuals in search of affordable dental care.”

The District Attorney identified the defendants as Jaime Tobon, 46, of 2001 Atlantic Shore Drive, Hallandale, Florida, and Marcela V. Gomez, 35, of 33-24 77th Street in Jackson Heights. They have been charged with Assault in the Second Degree, Unauthorized Practice of a Profession, Unauthorized Use of a Professional Title and Criminal Possession of a Hypodermic Instrument. If convicted, they each face up to seven years in prison.

District Attorney Brown said that, according to the complaint, on October 18, 2005, the defendant Gomez was observed standing in the doorway of a second floor apartment at 63-10 Broadway, where a woman claimed that the defendant Tobon had performed dental procedures on her. A court-authorized search warrant was executed later that day on the apartment and, among the items seized were syringes, dental instruments, x-ray film, medication, patient appointment books and denture molds.

According to District Attorney Brown, it is alleged that the defendant Gomez admitted that she knew the location was an illegal office and that she was working there as a dental assistant and secretary to the defendant Tobon.  In checking with the New York State Department of Education’s Office of the Professions, it was determined that the defendant Tobon was not licensed to practice dentistry in New York State.

Assistant District Attorney Susan Lee Kim of the District Attorney's Special Proceedings Bureau is prosecuting the case under the supervision of Assistant District Attorney Anthony M. Communiello, Chief, and Oscar W. Ruiz, Deputy Chief and the overall supervision of Executive Assistant District Attorney for Investigations Peter A. Crusco and Assistant District Attorney Linda M. Cantoni, Counsel to the Investigations Division.

It should be noted that a criminal complaint is merely an accusation and that the defendants are presumed innocent until proven guilty.