MTA board member slams Suffolk DA over lack of charges in alleged LIRR time theft scheme

MTA officials say they have since installed additional cameras and reintroduced fingerprint-based punch clocks, which had been removed due to the COVID-19 pandemic.

Kevin Vesey

Oct 27, 2025, 9:26 PM

Updated 2 hr ago

Share:

Calls are mounting for criminal charges to be filed against dozens of Long Island Rail Road employees accused of participating in a time theft scheme.
According to the MTA Inspector General, 36 LIRR workers allegedly used cloned swipe cards to make it appear as though they were clocking in and out of work — when, in fact, they weren’t there. Investigators say the employees created the fake cards using a machine purchased on Amazon.
Despite the allegations, no criminal charges have been filed. That decision has sparked frustration among MTA board members, including James O’Donnell, who is criticizing Suffolk County District Attorney Ray Tierney for declining to prosecute.
“None of them, it seems, are going to be prosecuted criminally. To me, that’s a mistake,” O’Donnell said.
Last week, Tierney’s office issued a statement explaining that the MTA’s evidence did not meet the standard for criminal prosecution. The statement cited “a lack of controls at the MTA facility,” including no cameras at employee entrances, no biometric checks and inadequate timekeeping records.
Referencing the DA’s statement, O’Donnell said, “I’m extremely disappointed in the Suffolk County DA — that he threw the IG’s office under the bus and said the IG’s office did not give him enough information and enough evidence to prosecute.”
MTA officials say they have since installed additional cameras and reintroduced fingerprint-based punch clocks, which had been removed due to the COVID-19 pandemic.
“We took swift, decisive, strong actions against the employees — significant penalties,” said LIRR President Rob Free.
Nearly all of the employees allegedly involved were suspended without pay for between two and nine months. Six workers are still facing internal disciplinary hearings, which could result in penalties up to and including termination.
As of Monday, the Suffolk County District Attorney’s office has not responded to a request for further comment.


More from News 12