Five Amtrak Employees Plead Guilty in $11 Million Health Care Fraud

Defendants admitted to receiving kickbacks in exchange for allowing fraudulent billing of Amtrak’s health care plan between 2019 and 2022.

Five current and former Amtrak employees have pleaded guilty in federal court to participating in a multi-million-dollar health care fraud conspiracy that resulted in over $11 million in fraudulent claims paid by Amtrak’s health insurance plan. U.S. Attorney Alina Habba announced the guilty pleas, which were entered before U.S. District Judge Madeline Cox Arleo in Newark.

Kevin Frink, 53, of Willingboro, New Jersey; Michael Toal, 35, of Hazlet, New Jersey; David McBrien, 37, of Levittown, Pennsylvania; Damany Walker, 41, of Irvington, New Jersey; and David Lonergan, 65, of Rockaway Park, New York, each pleaded guilty to one count of conspiracy to commit health care fraud. Their pleas follow prior guilty pleas by two additional participants: Rodolfo Rivera, 41, of Clayton, Delaware, and Anthony Saloka, 44, of Elizabeth, New Jersey.

“The defendants admitted to colluding with corrupt health care providers in a scheme to defraud Amtrak’s health care plan for personal financial gain. My office is committed to holding accountable those who profit from health care scams, like this one, that harm the public and the health care system.” - U.S. Attorney Alina Habba

According to court filings and statements made in court, from January 2019 through June 2022, the defendants conspired to submit fraudulent claims for medical services that were never rendered or were not medically necessary. In exchange, they received thousands of dollars in cash kickbacks from health care providers, including acupuncturist Punson Figueroa and podiatrist Michael DeNicola.

Figueroa was previously sentenced to 34 months in prison after pleading guilty to conspiracy to commit health care fraud. DeNicola also pleaded guilty to related charges in 2022 and is awaiting sentencing.

The fraudulent activity centered around Amtrak employees allowing their insurance benefits to be used for billing for fake medical services. In total, the Amtrak health care plan was billed for more than $11 million in false claims.

Sentencing hearings are scheduled as follows: McBrien and Walker on July 24, 2025; Lonergan on August 20, 2025; Frink on October 9, 2025; and Toal on October 23, 2025. Each faces a maximum sentence of 10 years in prison and a $250,000 fine.

Four additional individuals—Quinton Johnson of Irvington, NJ; Gregory Richardson of Roosevelt, NY; Timothy Bogen of Hamden, CT; and Dion Jacob of Brooklyn, NY—have been charged but not yet tried. They are presumed innocent unless proven guilty.

The investigation was led by agents from the Amtrak Office of Inspector General, the Amtrak Police Department, and the Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorneys Jessica R. Ecker, Katherine M. Romano, and Barbara Ward from the U.S. Attorney’s Office in Newark.