Redmond dentist accused of theft
Published 5:00 am Thursday, July 28, 2011
A Redmond dentist and his wife, who works as a dental assistant at his office, face charges of theft related to disability insurance payouts.
Max Wayne Higbee and Brenda Sue Higbee were both indicted on five counts of aggravated theft in the first degree, a class B felony, and one count of attempted theft, a class C felony, last year.
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A six-day, 12-juror trial is scheduled for Aug. 23 in Deschutes County District Court.
Details of the case are minimal as records related to medical histories have been sealed.
Documents provided by investigators of Standard Insurance Company are not included in court records.
According to the indictment filing, a grand jury determined there was enough evidence to charge the pair with aggravated theft from Standard Insurance Company on five separate occasions, including twice in 2007 and three times in 2008. A sixth charge of theft in the first degree is listed on the indictment but is currently characterized as attempted theft in documents on the Oregon Judicial Information Network, the state’s criminal database.
An affidavit filed by Donald D. Diment Jr., attorney for Max Higbee, states the allegations come from payments to Brenda Higbee under a disability insurance policy.
The affidavit states the insurance company claims Brenda Higbee, “… was not working an adequate number of hours prior to the disability and therefore was not eligible for disability; That after she began receiving disability payments, she worked more hours than she was allowed to work and continued to receive disability payments; and that she was not in fact disabled.”
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Jonathan Ash, an attorney for Brenda Higbee, said he has no comment on the case or upcoming trial. Attorneys for Max Higbee and the district attorney’s office did not return messages requesting comment.
The Higbees both have clear records with the Oregon Board of Dentistry. Neither has come under the scrutiny of board discipline or malpractice action.