Editor’s note: This story has been corrected to reflect the charges for which Moscoso was sentenced. We regret the error.
SAN DIEGO — A judge Wednesday sentenced Dario Moscoso to two years of probation for falsely identifying as a doctor, battery and treating without a certificate.
Prosecutors said from 2017 to 2019, Moscoso posed as a doctor at his Del Mar Cosmetic Contouring Surgery clinic, when four women accused him of sexual assault. Charges of sexual assault against Morosco were later dismissed.
In a controversial plea deal, Moscoso was able to walk out of a courtroom with a two-year probation sentence. Moscoso pleaded guilty on Aug. 22 to falsely indicating rights to practice medicine, treating the sick/afflicted without a certificate, and battery.
The judge agreed to the probation sentence because she said it seemed Moscoso took responsibility, but said in the courtroom he had a credibility issue after what he wrote in his probation report.
“Sir, do you accept probation on those terms and conditions?” San Diego County Superior Court judge Polly Shamoon asked Moscoso.
“Yes, your honor, OK,” answered Moscoso.
“He accuses the victims of being the liars, and that he was the one that was framed on bogus charges. He’s claiming that it was a he said she said situation despite the fact that you have four separate victims that say the exact same thing that didn’t know each other before this incident,” Shamoon said.
Shamoon laid out his long criminal history dating back to 1990, with domestic violence, theft, and stalking convictions.
The judge said, “And yet he has the audacity to call the women in the case the liars … he has the audacity to call the victims, in this case, the liars, I think his credibility and the statements he made and the evidence against in, and the report of his prior convictions speak for themselves.”
After the probation hearing and sentencing, outside the courtroom, Moscoso spoke to reporters to reassert his innocence.
Moscoso claims three of the women went to his competition, where they complained.
Moscoso said the first woman to report filed a lawsuit for sexual battery but that he “did not touch her” or any “patients.” Moscoso said the first woman’s only interest in the civil suit was “to see how much money” she could get.
“Shame on him, shame on him, I can only pray he violates the terms of his probation, and the judge gets the opportunity to throw the book at him because he is not learning his lesson,” said Jessica Pride, a sexual assault attorney who represents the four women in the case.
Pride said her clients are thankful for some type of justice after six years.
“I’m thankful for the DA for sticking with this case, I’m thankful she was able to get him to plea today, it’s just unfortunate that I feel in my opinion, it’s a slap on the wrist,” Pride said. “I really think he should take responsibility, should be thanking his lucky stars, and should have kept his mean comments to himself.”
Moscoso did receive a time credit of five days in custody, prior to sentencing,
Shamoon said, “Just to be clear you can make a lot of excuses, you can deflect the way you want but if you violate any of the terms or conditions. Sir, you are going into custody, and you will be considered for prison.”
A plastic surgeon at the clinic during the time of the incidents, Gerald Schneider has been on probation for an unrelated incident.
Moscoso said that the Medical Board of California approved him to supervise Schneider while he saw female patients.
It is unclear whether Schenider will be investigated.
According to the Medical Board of California, Schneider has surrendered his license.
Moscoso said the clinic is closed and he is not allowed to open another clinic.