No license seems to be no problem for rogue dentist

SAN JOSE » He ignored a judge’s order, then the state Dental Board. Now, a former San Jose dentist, whose license has been revoked, is in trouble with Santa Clara County authorities for allegedly practicing anyway — and billing insurance companies for the prohibited work.

Michael Marcus, 67, faces four counts of felony insurance fraud for allegedly defrauding two insurance companies for dental work he performed from late 2011 through early 2014. His case is set Wednesday for a status hearing in San Jose.

Marcus, who was charged in May, is free on $40,000 bail, said Santa Clara County prosecutor Vonda Tracey. The former dentist practiced on McKee Road and now lives in the Southern California city of Calabasas, she said. His lawyer could not be immediately reached for comment.

A judge in November 2011 prohibited Marcus from practicing dentistry, apparently because he had been charged by Santa Clara County prosecutors with sexual battery and child annoyance for allegedly fondling the breasts of a 17-year-old patient. Previously, the state Dental Board had put him on five years’ probation beginning in 1996, for allegedly fondling the breasts of three patients.

In 2013, the state Dental Board conducted a surprise inspection to see if he was still practicing. According to Tracey, he refused to allow the inspection and sent the patient out of his office through the back exit. Later that year, his license was revoked.

He allegedly filed 186 claims worth about $50,000 with Guardian and Delta Dental insurances companies.

Calling Marcus’ conduct “troubling,” Tracey said she also is interested in hearing from patients who spent their own money for treatment during that period.

“I would love to hear from anybody who copaid or paid out of pocket,” she said.