A dispute is heating up between Suffolk County District Attorney Ray Tierney and a member of the MTA board over the decision not to criminally charge dozens of Long Island Rail Road employees accused in a time theft scheme.

Thirty-six LIRR workers at facilities including Ronkonkoma were accused of using phony swipe cards to clock each other in and out, allegedly collecting pay for hours they did not work. But Tierney’s office declined to pursue criminal charges, citing a lack of sufficient evidence. Tierney is now firing back at criticism over how the case was handled.

MTA board member James O’Donnell, a former MTA police chief, said during a committee meeting on Monday, “None of them it seems are going to be prosecuted criminally. To me that’s a mistake. These corruption cases don’t go away.”

Tierney responded sharply, defending his office’s handling of the investigation. Tierney has maintained that poor recordkeeping by the MTA undermined the possibility of pursuing criminal charges due to lack of evidence. In a written statement, he said, “As a former police chief, it’s surprising that MTA board member O’Donnell would be advocating for prosecutions without sufficient evidence.”

Tierney said prosecutors were only brought into the case after the MTA had completed its own internal probe—long after workers had been alerted to the allegations.

“They brought a completely historical case to us, meaning that the targets were already aware of the investigation prior to us receiving it,” Tierney said. “As such, we couldn’t have fixed the MTA’s deficiencies with a proactive investigation.”

For riders, the allegations come at a time when fares are rising.

“It’s disheartening to hear stuff about that,” said commuter Dan Sellitto of East Setauket. “They should just try to make things right.”

According to the MTA, nearly all of the accused employees received unpaid suspensions lasting between two and nine months. Twelve have since resigned or retired, while six others are still facing disciplinary proceedings that could lead to termination.