Levittown Man Among Five Amtrak Employees In Fraud Scheme

An Amtrak training pulls through the Levittown Regional Rail Station. Credit: Tom Sofield/LevittownNow.com

A Levittown man is among five Amtrak employees who have pleaded guilty to participating in a health care fraud scheme that defrauded the railroad’s health care plan, according to the U.S. Attorney’s Office for New Jersey.

David McBrien, 37, of Levittown; Michael Toal, 35, of Hazlet, New Jersey; Damany Walker, 41, of Irvington, New Jersey; and David Lonergan, 65, of Rockaway Park, New York, recently pleaded guilty to conspiracy to commit health care fraud before U.S. District Judge Madeline Cox Arleo in Newark. Kevin Frink, 53, of Willingboro, New Jersey, also pleaded guilty to the same charge, U.S. Attorney Alina Habba announced on Wednesday.

The four other co-conspirators were indicted in connection with the scheme.

According to court documents and statements, from January 2019 through June 2022, Frink, Toal, McBrien, Walker, Lonergan, and their co-conspirators — all Amtrak employees — engaged in a scheme to obtain cash kickbacks from health care providers. In exchange, they allowed their health insurance plan to be billed for services that were never provided or were not medically necessary.

As a result of the conspiracy, the Amtrak health care plan paid over $11 million in fraudulent claims associated with providers connected to the scheme, authorities said.

Each defendant received thousands of dollars in cash kickbacks for their participation, according to authorities.

Among the providers involved, Punson Figueroa, an acupuncturist, previously pleaded guilty to conspiracy to commit health care fraud and was sentenced to 34 months in prison on Sept. 24, 2024. Michael DeNicola, a podiatrist, also pleaded guilty on June 29, 2022, to conspiracy to commit health care fraud, among other offenses, and his sentencing is pending.

Frink, McBrien, Walker, and Lonergan also received kickbacks from DeNicola, officials said.

“The defendants admitted to colluding with corrupt health care providers in a scheme to defraud Amtrak’s health care plan for personal financial gain,” Habba said. “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.”

McBrien’s sentencing is scheduled for July 24.

The Amtrak Office of Inspector General, the Amtrak Police Department, and the Drug Enforcement Administration investigated the case.