United States of America v. Dr. Brian August

El Paso, Texas criminal defense lawyer Solomon Wisenberg represented the Defendant charged with violating the Controlled Substances Act, the False Claims Act, and the Texas Health Care Program Fraud Prevention Act.

The allegations involved the issuance of 255 controlled substance prescriptions to 15 individuals between Dec. 23, 2017, and May 22, 2021. These included various prescriptions for the Schedule II controlled substances morphine, fentanyl, hydrocodone-acetaminophen, hydrocodone, hydromorphone, hydromorphone extended release; oxycodone hydrochloride extended release, tapentadol, oxymorphone; and the Schedule IV controlled substances carisoprodol, zolpidem, clonazepam, alprazolam, and tramadol. The United States alleged Dr. August issued individual and concurrent prescriptions for these controlled substances to 15 individuals without complying with the minimum requirements imposed on Texas physicians in treating patients for pain or chronic pain conditions; documenting a legitimate medical purpose; demonstrating medical necessity for such prescriptions; and demonstrating the prescriptions were issued in the usual course of professional practice.

The United States and Texas further contended August violated the False Claims Act and the Texas Health Care Fraud Prevention Act as the 15 individuals referenced above were beneficiaries of the Medicare Part D and/or Texas Medicaid programs. As these prescriptions were not issued for a legitimate medical purpose, they were not eligible for reimbursement by either program.

August previously surrendered his DEA registration and will not seek a new registration. Further, August has affirmatively surrendered his license to practice medicine in the State of Texas as a condition of settlement; his license was previously suspended by the Texas Medical Board during the pendency of this matter.

The resolutions obtained in this matter were the result of a coordinated effort between the U.S. Attorney’s Office for the Western District of Texas, the Drug Enforcement Administration, the FBI, and the Texas Office of the Attorney General.

U.S. Attorney Justin R. Simmons for the Western District of Texas made the announcement.

Assistant U.S. Attorney Eduardo Castillo investigated the matter, with Assistant U.S. Attorney Erin Van De Walle settling it.

Settled for $200,000 including $994.22 in restitution to the Texas Medicaid Program and $44,380.55 in restitution to the Medicare Part D program. The remainder constitutes civil damages under the FCA, the THCFPA, and civil penalties under the CSA.

Claims resolved by the settlement are allegations only and there has been no determination of liability.