Partner Spotlight: Impressive Case Dismissal by Litigation attorney Christian Picone

Berliner Cohen Litigation attorney Christian Picone obtained an impressive dismissal of a felony insurance fraud case against Dr. Ben Shyy.   

The internationally renowned dentist whose practice includes immigrants who lacked proper dental care in their country of origin was charged felony insurance fraud related claims of improper billing and false dental insurance submissions spanning over six years.  A conviction would have resulted in the defendant losing his dental license and or practice however, Mr. Picone began an aggressive discovery practice and the early retention of an expert.  The two systematically evaluated 177 dental procedures by using updated dental technology. They established that all but one of the procedures were necessary treatment and performed and one claim was the result assigning a procedure to the wrong chart.

In light of the overwhelming evidence that Dr. Shyy had not committed insurance fraud the  Santa Clara District Attorney’s Insurance Fraud Unit dismissed the case. 

The result was that the criminal complaint against the dentist was dismissed.  

People v. Shyy (Santa Clara County Superior Court Case No. C1890865)