Experience On Both Sides Of The Court Room

Amtrak insurance fraud: Understanding criminal conspiracy charges

On Behalf of | Jun 16, 2025 | White Collar Criminal Defense

A large insurance fraud scheme involving more than a hundred Amtrak employees has come to light, revealing the complexities of a criminal conspiracy. Understanding the criminal conspiracy charges is crucial for anyone interested in the legal implications of such fraudulent activities.

The Amtrak insurance fraud case

Between 2019 and 2022, a widespread scheme unfolded involving at least 119 Amtrak employees who conspired with health care providers to defraud Amtrak’s health care plan of over $12 million.

These employees, located across several states including New York, Pennsylvania, and New Jersey, accepted cash kickbacks in exchange for allowing their insurance information to be used by healthcare providers for fraudulent claims. These claims were for medical services that were either never provided or not medically necessary.

As a result of the investigation, many employees lost their jobs, and at least seven faced criminal charges. For example, a former employee named Devon Burt and his partner Hallum Gelzer admitted they helped organize the scheme. They pleaded guilty to federal charges, including conspiracy to commit healthcare fraud. At least six other employees also pleaded guilty to similar conspiracy charges.

Understanding the Amtrak criminal conspiracy charges

Conspiracy charges are a common aspect of federal criminal law, often applied in cases involving multiple parties working together to achieve illegal goals. Four elements must be present to be charged with conspiracy:

  • An agreement between at least two parties
  • A shared intent to achieve an illegal objective
  • Knowledge and participation
  • An overt act committed by at least one party to further the conspiracy

In the Amtrak case, these elements of conspiracy were present. The agreement existed between the Amtrak employees and the healthcare providers. Their illegal goal was to cheat Amtrak’s health insurance plan out of money. The employees knew they were part of this plan when they accepted cash for their insurance details, and the providers knew when they submitted fake claims.

Many overt acts furthered this conspiracy. For example, a former employee, Devon Burt, and Hallum Gelzer recruited other Amtrak employees to join the scheme was a clear overt act.

The consequences

The investigation by Amtrak’s OIG uncovered these actions. The consequences for those who pleaded guilty were serious. For instance, Mr. Burt agreed to pay back over $950,000, and Mr. Gelzer agreed to pay back more than $1.66 million. They also faced criminal convictions.

Seeking legal help is advisable for those facing conspiracy charges, as these charges can be complex and serious. A qualified attorney can help challenge the charges and ensure that the rights of the accused are protected.

The Amtrak insurance fraud case highlights the serious nature of conspiracy charges and the following legal consequences. For those facing such charges, seeking legal help is advisable to navigate the legal system’s complexities and ensure a fair defense.