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Amtrak Employee Admits Role in $11 Million Health Care Fraud Scheme
Defendant pleads guilty, while nine other alleged co-conspirators still face charges.
An Amtrak employee has pleaded guilty to conspiracy to commit health care fraud, admitting his involvement in a scheme that cost the Amtrak health care plan over $11 million. Acting U.S. Attorney Vikas Khanna announced that 41-year-old Rodolfo Rivera of Clayton, Delaware, entered his guilty plea before U.S. District Judge Madeline Cox Arleo in Newark federal court.
According to court documents and statements made in court:
- Time Frame: From January 2019 through June 2022
- Participants: Rivera and co-conspirators—all Amtrak employees—allowed their health plan to be billed for services never provided or medically unnecessary.
- Kickbacks: Healthcare providers allegedly paid cash kickbacks to certain Amtrak employees in exchange for this fraudulent billing arrangement.
As a result, the Amtrak health care plan paid over $11 million in total fraudulent claims. Specifically, Rivera’s claims—along with those of his dependent and other employees he recruited—accounted for over $2 million of that total.
Notable Individuals
- Punson Figueroa, an acupuncturist, previously pleaded guilty to conspiracy to commit healthcare fraud and was sentenced to 34 months in prison on September 24, 2024.
- Michael DeNicola, a podiatrist, pleaded guilty on June 29, 2022, to conspiracy to commit healthcare fraud and other charges; his sentencing is pending.
Nine other Amtrak employees face charges in this case:
Kevin Frink (53), Quinton Johnson (53), David McBrien (36), Gregory Richardson (35), Michael Toal (35), Damany Walker (41), Timothy Bogen (59), Dion Jacob (50), and David Lonergan (64). They remain presumed innocent unless and until proven guilty.
The healthcare fraud conspiracy charge carries a maximum sentence of 10 years in prison and a $250,000 fine. Rivera’s sentencing is scheduled for June 26, 2025.
This investigation highlights ongoing efforts to combat fraud that undermines employee health benefits. Authorities continue to stress that individuals who submit or facilitate fraudulent healthcare claims will face federal prosecution.
