On September 29, 2022, Federal Judge Frank Montalvo dismissed all charges against Doctor Brian J. August of El Paso, Texas. Dr. August’s attorney Solomon Wisenberg released the following statement: “We are pleased that the court has dismissed all charges against our client, Dr. Brian August. His long nightmare is over. He should never have been charged in the first place and we were fully prepared to go to trial. “
Judge Montalvo’s Order was issued after the U.S. Attorney’s Office in El Paso moved to dismiss the case in its entirety. Dr. August, an El Paso pain management physician with an outstanding reputation, had been charged with illegal distribution of Schedule II narcotics and health care fraud. According to Mr. Wisenberg, “The government’s trial team in the El Paso U.S. Attorney’s Office recognized that it would be both futile and unjust for them to proceed to trial in light of the U.S. Supreme Court’s recent decision in Ruan v. United States. We are confident that Dr. August would have been fully exonerated if the case had gone to trial, even had the Supreme Court not rendered its decision in Ruan. “
Mr. Wisenberg is Partner and Co-Chair of the White Collar Defense Practice at Nelson Mullins Riley & Scarborough in Washington, DC. With him on the case was Nelson Mullins partner Matthew Austin.
Local counsel was Felix Valenzuela of the Valenzuela Law Firm. Also assisting was Louis Leichter of the Leichter Law Firm.
Mr. Wisenberg is available at 202-257-7846 if you need more information.