Red Bank dentist Marc Weber acquitted of all charges

A Red Bank dentist Marc Weber dds was found NOT GUILTY of all charges in an insurance fraud case, the
Asbury Park Press reports. Weber's dental office manager Jennifer Barbers was indicted and acquitted on the same counts. Barbers was represented by Robert G.Stevens Esq. Ironically, Stevens founded the division of Insurance Fraud in 1981 to protect patients from opportunistic dentists and physicians.
After a four-week trial, a jury in state
Superior Court in Freehold found dentist Marc Weber not guilty of all
four counts that remained against him following an 11-count indictment a
year ago, the Press reports. Weber's office manager, Jennifer Barbers,
was acquitted on all five counts left against her. Marc Weber's Dental
Corporation was also charged and acquitted of all 4 charges left of an
original 11 count indictment. The judge dismissed 7 of the 11 original
counts on Day 1 .This quick dismissal and gutting of the state's case came after Robert S. Stevens Esq. submitted the contract of sale Weber Dental
Associates /Whitehouse Dental Office was sold when these alleged crimes occurred. The state obtained the Three 11 count indictments on Marc Weber, Whitehouse Dental & Jennifer Barbers mostly because the prosecution did not disclose the Contract to the Grand Jury. Webers' lawyers would not allow him to testify to the Grand Jury. This would've been a way to possibly show the jurors he no longer was the legal owner nor was he employed by new owner PERFECT SMILE .

The indictments had to be adjusted and witnesses told not to testify since Weber did not treat them nor did he own the office when these 3 patients were mistreated. After all adjustments on day 1 , Weber's lawyer John Flyn Esq. gave the following statement to the Asbury Park Press "My clients' practice earned $11.1 million worth of Medicaid , Insurance and other billings over a 3

1/2-year period. Initially he was accused of stealing $38,142.Now This was a huge change of facts leaving only $1,987 in question. Due to what NJ calls "zero tolerance" in medicaid fraud the $1987 in question is still a 2nd degree crime with a 10 year sentence if GUILTY but Webers' Lawyers asked for a dismissal . This was now a case in which 2 people could spend 10 years in PRISON and their child would go to Foster care. The actual crime if found guilty is that on 3 patients Webers' associate Dentists made a Denture , partial Denture and lastly 1 cap. The Denture patient was waiting to feel better but his denture was finished months prior to him passing away. Patient 3 had a partial denture finished also and waiting in the office for the patient to just pick up.Unfortunately , he also was arrested and serving time in prison. and the state actually still is in possession of all 3 cases the $1987 was for. The jury was becoming angry at the state's 5 week long presentation . Webers' lawyers after 5 weeks, told the jury the following and then cancelled there presentation and 8 witnesses. There lead detective lied under oath and 2 witnesses said when asked how they knew some facts. "Det Ralph Anillo told me what to say"

Another witness screamed and ran out of the court room."I CAN'T DO THIS! DR WEBER IS AWESOME TO ME AND MY FAMILY. IT IS THOSE NEW OWNERS BUT THEY WANT ME TO LIE.

This all occurred mostly on day 1 and within 2 - days at the onset of trial. Obviously , in an attempt to spare humiliation, PLEA DEALS were finally offered after 5 years. Barbers plea offer was contingent on Weber accepting the State's plea . The A.G.'s office according to a source offered Barbers Probation on a 10 year crime in exchange for Weber accepting a guilty plea. Eventually judge Mellacci offered Barbers 6 months probation. Judge Mellacci spoke on record as if trying to reason with Weber to accept a plea. He told Weber the maximum would be a 9 month sentence vs 10 years if found guilty.mellacci continued to press Weber and stated "You can be in front of me in just 90 days for a request to suspend the remaining months"? He also offered Weber the choice of where to serve the time. Weber pleaded now with Barbers in open court to just accept the pleas for our soon to be born "Son".Marc Weber yelled that she was risking 10 years vs living 3-9 months at a nearby TRAILER PARK used to house non violent short term convicts. The judge was sincere in his trying to reason with Weber. He told him if found guilty "I WILL SENTENCE YOU TO 10 years"
"It was just an absurd prosecution," The entire case now rested upon an expert witness in medicaid billing. She proceeded to put the jury to sleep. The issue with Weber billing the $1,987 was the 3 never picked up the finished work despite 1 little fact. The law states after 6 months dentists can bill using an mc-10 form for %75 of the fee. This reduced the $1987 by %75. This was below the threshold of even a 3rd degree Fraud charge. this is when Barbers told her lawyer that they can stop asking Dr Weber to plead GUILTY for my sake because I will not even take Probation now. So, the trial continued and soon became very clear what a ridiculous waste of tax payers money. This was a 7 year investigation with 17 people sitting in the court room when John Flyn Esq. gave his closing. "Paraphrased"- "My client was accused of STEALING $1,987 out of $11.1 Million. I think that whoever billed for Dr Weber should recieve awards for being near perfect. The calculations show this error of %0.00018 or Marc Webers' Biller was correct %99.99918 of the time. Now, this is using $2,000 and presuming guilty of Fraud. In the end not only did Weber show the MC-10 which showed Weber was entitled to %75 of the $1,987 = $496 below a 3rd so Weber allowed the State's request to add a 4th Degree Theft charge to the indictment. This was not weber being ignorant because the patient #1 who passed away had 2 Dentures at $700 of the $1987. The detective was asked to read his notes and the patient record.

the dentures were already picked up and worn over a 2 months. Harold passed away while Webers; office was doing a relining thru his lab at no cost . Patient 2 was who ran out so Defense could not cross and patient 3 removed his cap while testifying in his orange prison jumper. the reason why the records did not show given to patient was the state removed those charts from the office in 2006 so Weber had a temp chart but main thing was all patients had there dental work completed or was receiving a $580 Procedure of Denture Relining at no cost. medicaid rarely approved for removal of multiple teeth + Immediate initial Denture + in 4-6 months a lab relining to tighten .

TO DATE THE REAL THIEF IS FREE AND wEBER SHOWED NOT ONLY THAT HE WAS A %100 PERFECT AT BILLING BUT WHO WAS VERY BAD AT BILLING. THEY CONTINUED BILLING AND STEALING BUT NOBODY SAID OR DID A THING

These proven
crimes were committed by the new owners .Andrew Marin dds and his sister , Valarie Schwab.
Broad Street dental practice, Weber Dental Associates, was also
acquitted of all charges, which included health care claims fraud.
Barbers alone faced charges of identity theft and theft by deception.
From the Press:
When
the state Attorney General's Office announced the indictment last year,
authorities said Weber and Barbers told another employee — who handled
the practice's billing operations — to submit fraudulent claims to
Medicaid and private insurers between 2004 and 2008.
John J. Flynn,
Barbers'
Princeton-based attorney, Robert G. Stevens, said they never believed
the state could prove fraud as they had alleged in the indictment.
"We had a very good jury and the jury agreed with us," Stevens said. "I'm very pleased with the verdict."
The case was tried before state Superior Court Judge Anthony J. Mellaci Jr., sitting in Freehold.
Jury deliberations began late last Friday morning and continued Tuesday, Flynn said.
Weber's dental license remains active, according to the state Department of Consumer Affairs. Flynn said Weber is still working.
Had
they been convicted, the couple would have faced five to 10 years in
prison on the conspiracy and health care claims fraud counts.
The state Attorney General's Office said that while it was disappointed, it respected the jury's decision.