El Paso Physician Settles Controlled Substance and Fraud Allegations for $200,000 This case highlights recent concerns about El Paso doctor fraud in the medical community.
Dr. Brian August of El Paso, Texas, has agreed to pay $200,000 to resolve allegations that he violated the Controlled Substances Act (CSA), the False Claims Act (FCA), and the Texas Health Care Program Fraud Prevention Act (THCFPA) in connection with El Paso doctor fraud.
Federal and state authorities alleged that between December 23, 2017, and May 22, 2021, Dr. August issued 255 controlled‑substance prescriptions to 15 individuals without meeting the minimum standards required for treating pain or chronic pain conditions. This case is one of several involving El Paso doctor fraud. The prescriptions included multiple Schedule II drugs—such as morphine, fentanyl, hydrocodone, hydromorphone, oxycodone ER, tapentadol, and oxymorphone—as well as Schedule IV substances including carisoprodol, zolpidem, clonazepam, alprazolam, and tramadol.
According to the United States, Dr. August failed to document a legitimate medical purpose, did not demonstrate medical necessity, and did not issue the prescriptions in the usual course of professional practice. Allegations of El Paso doctor fraud often involve improper prescribing practices. Because the 15 individuals were beneficiaries of Medicare Part D and/or Texas Medicaid, the prescriptions were not eligible for reimbursement, triggering liability under federal and state fraud statutes.
Of the $200,000 settlement:
- $994.22 is restitution to Texas Medicaid
- $44,380.55 is restitution to Medicare Part D
- The remainder represents civil penalties and damages under the CSA, FCA, and THCFPA
As part of the resolution, Dr. August surrendered his DEA registration and agreed not to seek a new one. He also voluntarily surrendered his Texas medical license, which had already been suspended by the Texas Medical Board during the investigation. El Paso doctor fraud can result in significant professional consequences.
The case was investigated and resolved through a coordinated effort involving 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.
As with all civil settlements, the claims resolved are allegations only, and no determination of liability has been made.