Investigative Reports

An Assistant Supervisory Plumber based in New York, New York, violated Amtrak policy by engaging in outside employment at two construction companies while on Family Medical Leave Act (FMLA) and receiving Railroad Retirement Board benefits. The employee resigned in lieu of his disciplinary hearing and is ineligible for rehire.

We found an oil and gas company failed to report royalties from mineral production on an Indian Lease in Oklahoma.

Florida residents Jean Barbier and Bryan DeCastro were sentenced on April 5, 2023, in U.S. District Court, Southern District of Florida, for Conspiracy to Commit Wire Fraud. DeCastro was sentenced to 11 months in prison, 3 years’ probation, and was ordered to pay $155,929 in restitution to Amtrak. Barbier was sentenced to 7 months in prison, 3 years’ probation, and was ordered to pay $74,818 in restitution to Amtrak. Both defendants were employed by a company contracted by Amtrak to provide food services. Our investigation found that DeCastro fraudulently altered the timecards of Barbier and another individual to make it appear they worked more hours than they did, resulting in payment for hours they did not work. Barbier then paid DeCastro kickbacks for falsely inflating the timecards. Judicial action is pending for another defendant in this case.

An Amtrak electrical journeyman, based in Washington, D.C., signed a civil settlement agreement on March 23, 2023, with the U.S. Attorney’s Office, Southern District of Florida, and agreed to pay $23,360 in restitution and a $5,640 penalty. Our investigation found that the employee submitted an application containing false statements and information to a lender backed by the Small Business Administration to qualify for a Payroll Protection Program loan. As a result, the employee received $20,800 in federal CARES Act funds to which she was not entitled.

Michael Devine, a former Fire, Life and Safety Assistant Supervisor based in New York, was found guilty on March 15, 2023, of one count of Grand Larceny in the Fourth Degree after a three-day bench trial in the Supreme Court of the State of New York. Devine created counterfeit Amtrak badges for himself and other employees and participated in a scheme with co-workers to use these fake badges and/or their official Amtrak badges to “swipe” each other in and out on Amtrak’s time and attendance machines. Devine resigned on December 10, 2021, and he is ineligible for rehire. A sentencing hearing is pending.

Under federal law, the Veterans Health Administration (VHA) cannot employ individuals if they have been formally excluded from having a paid position in a federal healthcare program. Exclusions can result from an individual committing healthcare fraud, patient abuse, controlled substance violations, acts resulting in license revocation, and other misconduct as specified by federal law. The List of Excluded Individuals and Entities (LEIE) is maintained by the Department of Health and Human Services Office of Inspector General. LEIE screening is meant to prevent individuals who have been found unsuited for working in a federally funded healthcare program from having access to medical facilities that need to protect their assets, patients, and information systems.The OIG matched VHA personnel pay against LEIE data for the first pay period of January 2022 and found VHA was employing four former nursing professionals excluded from having VHA positions. They had housekeeping, clerical, or support positions—not engaged in patients’ health care. Three of them were on the list because of nursing license revocation or suspension, while the fourth was convicted of healthcare fraud. When notified, VA took prompt action to terminate the employees and the OIG confirmed they are no longer with VHA. VHA leaders also outlined actions to address the process failures the OIG identified. In addition, leaders concurred with the report’s three recommendations for completing those policy and process improvements, taking additional actions to prevent violations from recurring, and conducting a one-time audit to confirm compliance with the federal law outside the review period. The OIG will continue to monitor VA’s progress until sufficient documentation has been received to close the recommendations as implemented.