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== Criticism and controversy == === Passenger issues === The LIRR has a long history of tense relations with its passengers.<ref>{{Cite news | title = The Gap What We Found, Thirty Years of Neglect | first1 = Jennifer | last1 = Maloney | first2 = Karla | last2 = Schuster | newspaper=Newsday | date = January 19, 2007 |id={{ProQuest|280144614}} }}</ref> Daily commuters have long had complaints about the LIRR's service. According to a 1999 article in ''[[The New York Times]],'' the LIRR's service woes were long considered part of the "unholy trinity of life on Long Island," along with the [[Long Island Lighting Company]]'s high rates and the [[Long Island Expressway]]'s traffic snarls.<ref>{{Cite news | title = The Long Island Rail Road: Busiest, but Far From Best | first = David M. | last = Halbfinger | url = https://www.nytimes.com/1999/07/30/nyregion/commuting-misery-special-report-long-island-rail-road-busiest-but-far-best.html | newspaper = New York Times | date = July 30, 1999 | access-date = September 15, 2009 | archive-url = https://web.archive.org/web/20100831123514/http://www.nytimes.com/1999/07/30/nyregion/commuting-misery-special-report-long-island-rail-road-busiest-but-far-best.html | archive-date = August 31, 2010 | url-status = live }}</ref> Various commuter advocacy groups have been formed to try to represent those interests, in addition to the state mandated LIRR Commuters Council.<ref>{{cite web|url=http://www.pcac.org/lirrcc/goals |title=LIRRCC Mission Statement & Goals Β« The Permanent Citizens Advisory Committee (PCAC) to the MTA ( NY, NY) |publisher=PCAC |access-date=August 11, 2014 |url-status=dead |archive-url=https://web.archive.org/web/20140813024039/http://www.pcac.org/lirrcc/goals/ |archive-date=August 13, 2014 }}</ref> The LIRR has been criticized for not providing additional service to the [[East End (Long Island)|East End of Long Island]] as the twin forks continue to grow in popularity as a year-round tourist and residential destination. Demand is evidenced by flourishing for-profit bus services such as the [[Hampton Jitney]] and the [[Hampton Luxury Liner]] and the early formative stages of a new East End Transportation Authority.<ref>{{cite web |url=http://www.eastendshuttle.org/ |title=eastendshuttle.org |publisher=eastendshuttle.org |access-date=January 19, 2013 |archive-url=https://web.archive.org/web/20130527232314/http://eastendshuttle.org/ |archive-date=May 27, 2013 |url-status=usurped }}</ref> Local politicians have joined the public outcry for the LIRR to either improve the frequency of east end services, or turn the operation over to a local transportation authority. Critics claim that the [[on-time performance]] (OTP) calculated by the LIRR is manipulated to be artificially high. Because the LIRR does not release any raw timing data nor does it have independent (non-MTA) audits it is impossible to verify this claim, or the accuracy of the current On Time Performance measurement. The percentage measure is used by many other US passenger railroads but the criticism over accuracy is specific to the LIRR. As defined by the LIRR, a train is "on time" if it arrives at a station within 5 minutes and 59 seconds of the scheduled time.<ref>LIRR, [http://web.mta.info/mta/ind-perform/month/lirr-otp.htm β LIRR OTP] {{webarchive |url=https://web.archive.org/web/20071128032119/http://www.mta.info/mta/ind-perform/month/lirr-otp.htm |date=November 28, 2007 }}</ref> The criterion was 4 minutes and 59 seconds until the LIRR changed it because of a bug in their computer systems.<ref>{{cite web |url=http://www.lirrcommuters.org/A55D10/home.nsf/79ac00a06b2683fa852567ca007965b7/76c174526086cf74852573a20058ff37?OpenDocument |title=β LIRR On Time Performance questions |publisher=Lirrcommuters.org |access-date=January 19, 2013 |archive-url=https://web.archive.org/web/20120807053229/http://www.lirrcommuters.org/A55D10/home.nsf/79ac00a06b2683fa852567ca007965b7/76c174526086cf74852573a20058ff37?OpenDocument |archive-date=August 7, 2012 |url-status=live }}</ref> Critics<ref>{{cite web |url=http://www.lirrcommuters.org/ |title=β LIRR Commuters Campaign |publisher=Lirrcommuters.org |access-date=January 19, 2013 |archive-url=https://web.archive.org/web/20130603014917/http://lirrcommuters.org/ |archive-date=June 3, 2013 |url-status=live }}</ref> believe the OTP measure does not reflect what commuters experience on a daily basis. The LIRR publishes the current OTP in a monthly booklet called TrainTalk.<ref>{{cite web |url=http://web.mta.info/lirr/TrainTalk/ |title=MTA LIRR β TrainTalk β March 2015 |publisher=Metropolitan Transportation Authority |access-date=April 7, 2015 |archive-url=https://web.archive.org/web/20150410005140/http://web.mta.info/lirr/TrainTalk/ |archive-date=April 10, 2015 |url-status=live }}</ref> TrainTalk was previously known as "Keeping Track."<ref>{{cite web|url=http://mtaig.state.ny.us/assets/pdf/07-22.pdf|title=The Long Island Rail Road's Lost Property Process MTA/OIG Report #2007-22|last=Kluger|first=Barry L.|date=December 2007|website=OIG|publisher=MTA Inspector General State of New York|access-date=March 10, 2016|archive-url=https://web.archive.org/web/20170202014451/http://mtaig.state.ny.us/assets/pdf/07-22.pdf|archive-date=February 2, 2017|url-status=live}}</ref> A more accurate way to measure delays and OTP has been proposed.<ref>{{cite web |url=http://www.lirrcommuters.org/A55D10/home.nsf/79ac00a06b2683fa852567ca007965b7/76c174526086cf74852573a20058ff37?OpenDocument |title=β New OTP Proposal |publisher=Lirrcommuters.org |access-date=January 19, 2013 |archive-url=https://web.archive.org/web/20120807053229/http://www.lirrcommuters.org/A55D10/home.nsf/79ac00a06b2683fa852567ca007965b7/76c174526086cf74852573a20058ff37?OpenDocument |archive-date=August 7, 2012 |url-status=live }}</ref> Called the "Passenger Hours Delayed" index it can measure total person-hours of a specific delay. This would be useful in comparing performance of specific days or incidents, day-to-day (or week-to-week) periods, but has not been adopted. Ridership has increased from 81 million passengers in 2011 to 89.3 million passengers in 2016, which is the railroad's highest ridership since 1949. The all-time highest ridership was in 1929, when 119 million passengers rode 1.89 billion passenger miles.<ref>{{Cite news | title = LIRR, AirTrain, Tri-Rail Note Higher Annual or Daily Passenger Counts | url = http://www.progressiverailroading.com/news/article.asp?id=15045 | newspaper = Progressive Railroading | date = February 8, 2008 | access-date = September 15, 2009 | archive-url = https://web.archive.org/web/20090212174643/http://www.progressiverailroading.com/news/article.asp?id=15045 | archive-date = February 12, 2009 | url-status = live }}</ref> This increase in ridership has been attributed to the increased usage of the LIRR by millennials, and the increase of reverse-peak travel.<ref>{{Cite web|url=http://www.mta.info/news/2017/01/23/lirr-and-metro-north-railroad-break-ridership-records|title=LIRR and Metro-North Railroad Break Ridership Records|date=January 23, 2017|website=mta.info|publisher=Metropolitan Transportation Authority|access-date=January 25, 2017|archive-url=https://web.archive.org/web/20170202025122/http://www.mta.info/news/2017/01/23/lirr-and-metro-north-railroad-break-ridership-records|archive-date=February 2, 2017|url-status=live}}</ref> === Pension and disability fraud scandal === A ''[[New York Times]]'' investigation in 2008 showed that 25% of LIRR employees who had retired since 2000 filed for disability payments from the federal Railroad Retirement Board and 97% of them were approved to receive disability pension. The total collected was more than $250,000,000 over eight years.<ref name="nyt"/> As a result, Railroad Retirement agents from Chicago inspected the [[Long Island]] office of the [[Railroad Retirement Board]] on September 23, 2008. New York [[List of Governors of New York|Governor]] [[David Paterson]] issued a statement calling for [[United States Congress|Congress]] to conduct a full review of the board's mission and daily activities. Officials at the board's headquarters responded to the investigation stating that all occupational disability annuities were issued in accordance with applicable laws.<ref name="nyt">{{Cite news | title = Agents Raid Office in L.I.R.R. Disability Inquiry | first1 = Walt | last1 = Bogdanich | first2 = Duff | last2 = Wilson | url = https://www.nytimes.com/2008/09/24/nyregion/24lirr.html | newspaper = The New York Times | date = September 23, 2008 | access-date = September 15, 2009 | archive-url = https://web.archive.org/web/20111219130636/http://www.nytimes.com/2008/09/24/nyregion/24lirr.html | archive-date = December 19, 2011 | url-status = live }}</ref> On November 17, 2008, a former LIRR pension manager was arrested and charged with official misconduct for performing outside work without permission. However, these charges were all dismissed for "no merit" by Supreme Court Judge Kase on December 11, 2009, on the grounds that the prosecution had misled the grand jury in the indictment.<ref>{{Cite news |title=Judge dismisses most charges against LIRR official |first=Alfonso A. |last=Castillo |url=http://www.newsday.com/long-island/nassau/judge-dismisses-most-charges-against-lirr-official-1.1649523 |newspaper=Newsday |date=December 11, 2009 |access-date=March 4, 2011 |archive-url=https://web.archive.org/web/20110629203408/http://www.newsday.com/long-island/nassau/judge-dismisses-most-charges-against-lirr-official-1.1649523 |archive-date=June 29, 2011 |url-status=dead }}</ref> A report produced in September 2009 by the [[Government Accountability Office]] stated that the rate at which retirees were rewarded disability claims was above the norm for the industry in general and indicated "troubling" practices that may indicate fraud, such as the use of a very small group of physicians in making diagnoses.<ref>{{cite web |date=October 9, 2009 |url=http://www.gao.gov/htext/d09821r.html |title=Railroad Retirement Board: Review of Commuter Railroad Occupational Disability Claims |website=U.S. Government Accountability Office |url-status=dead |archive-url=https://web.archive.org/web/20091015124626/http://www.gao.gov/htext/d09821r.html |archive-date=October 15, 2009 |access-date=October 17, 2009}}</ref> Another series of arrests on October 27, 2011, included two doctors and a former union official.<ref>{{cite news |first1=Jonathan |last1=Dienst |first2=Shimon |last2=Prokupecz |first3=Joe |last3=Valiquette |url=http://www.nbcnewyork.com/news/local/132683463.html |work=NBC New York |date=October 27, 2011 |url-status=live |archive-url=https://web.archive.org/web/20130628230815/http://www.nbcnewyork.com/news/local/132683463.html |archive-date=June 28, 2013 |title=11 charged in Massive LIRR Disability Pension Scandal}}</ref><ref>{{cite news|title=Manhattan U.S. Attorney Announces Pension Disability Fraud Charges Against 11 Defendants Associated with the Long Island Rail Road That Could Cost $1 Billion|url=https://www.fbi.gov/newyork/press-releases/2011/manhattan-u.s.-attorney-announces-pension-disability-fraud-charges-against-11-defendants-associated-with-the-long-island-railroad-that-could-cost-1-billion|publisher=[[Federal Bureau of Investigation|FBI]] β New York Field Office|date=October 27, 2011|access-date=July 28, 2016|archive-url=https://web.archive.org/web/20160312201231/https://www.fbi.gov/newyork/press-releases/2011/manhattan-u.s.-attorney-announces-pension-disability-fraud-charges-against-11-defendants-associated-with-the-long-island-railroad-that-could-cost-1-billion/|archive-date=March 12, 2016|url-status=live}}</ref> According to court documents, from 1998 through 2011, 79% of LIRR retirees obtained federal disability when they retired. On August 6, 2013, a doctor and two consultants were found guilty in connection with the accusations and sentenced to prison.<ref>{{cite news|title=Doctor And Two Consultants Found Guilty In Manhattan Federal Court In LIRR Disability Fraud Scheme|url=https://www.justice.gov/usao/nys/pressreleases/August13/LesniewskiVerdict.php|publisher=[[United States Department of Justice|DOJ]] β [[United States District Court for the Southern District of New York|Southern District of New York]]|date=August 6, 2013|access-date=December 28, 2013|archive-url=https://web.archive.org/web/20131228091909/http://www.justice.gov/usao/nys/pressreleases/August13/LesniewskiVerdict.php|archive-date=December 28, 2013|url-status=live}}</ref><ref>{{cite news|title=Disability Doctor Peter J. Lesniewski Sentenced in Manhattan Federal Court to Eight Years in Prison for His Role in Long Island Rail Road Fraud Scheme|url=https://www.fbi.gov/newyork/press-releases/2014/disability-doctor-peter-j.-lesniewski-sentenced-in-manhattan-federal-court-to-eight-years-in-prison-for-his-role-in-long-island-railroad-fraud-scheme|publisher=[[Federal Bureau of Investigation|FBI]] β New York Field Office|date=February 21, 2014|access-date=July 28, 2016|archive-url=https://web.archive.org/web/20160313074501/https://www.fbi.gov/newyork/press-releases/2014/disability-doctor-peter-j.-lesniewski-sentenced-in-manhattan-federal-court-to-eight-years-in-prison-for-his-role-in-long-island-railroad-fraud-scheme/|archive-date=March 13, 2016|url-status=live}}</ref><ref>{{cite news|title=Disability Doctor Peter J. Ajemian Pleads Guilty in Manhattan Federal Court for His Role in Long Island Rail Road Fraud Scheme|url=https://www.fbi.gov/newyork/press-releases/2013/disability-doctor-peter-j.-ajemian-pleads-guilty-in-manhattan-federal-court-for-his-role-in-long-island-railroad-fraud-scheme|publisher=[[Federal Bureau of Investigation|FBI]] β New York Field Office|date=January 18, 2013|access-date=July 28, 2016|archive-url=https://web.archive.org/web/20160313014148/https://www.fbi.gov/newyork/press-releases/2013/disability-doctor-peter-j.-ajemian-pleads-guilty-in-manhattan-federal-court-for-his-role-in-long-island-railroad-fraud-scheme/|archive-date=March 13, 2016|url-status=live}}</ref> === Overtime fraud scandals === In 2018, LIRR foreman Raymond Murphy was discovered at or near his home on 10 separate occasions whilst claiming overtime pay. Murphy earned $405,021 in 2017, of which $295,490 was overtime. According to reports, he was allowed to retire with a full public pension before being reprimanded or punished.<ref>{{cite web |url=https://nypost.com/2019/07/09/lirr-overtime-cheat-hung-out-at-home-on-the-clock-retired-with-full-pension-anyway/ |title=LIRR overtime 'cheat' hung out at home on the clock, retired with full pension anyway |author=David Meyer |date=July 9, 2019 |website= New York Post |access-date= July 23, 2023}}</ref> In 2021, LIRR employee and track inspector Thomas Caputo and co-conspirators John Nugent and Joseph Balestra were federally convicted for large-scale overtime fraud.<ref>{{cite web |url=https://www.justice.gov/usao-sdny/pr/highest-paid-mta-employee-2018-sentenced-8-months-overtime-fraud-scheme |title=Highest Paid MTA Employee In 2018 Sentenced To 8 Months In Overtime Fraud Scheme |author=<!--Not stated--> |date=February 4, 2022 |website= US Attorney's Office, Southern District of New York |access-date= July 19, 2023}}</ref> Caputo was paid approximately $461,000 in 2018, of which $344,000 was supposed overtime. He claimed to have worked 3,864 overtime hours, an average of more than 10 hours of overtime for all 365 days the year. Phone, bank, email, and other records revealed many of these hours were fraudulent: Caputo was clocked in during vacation and while attending outside social events such as a bowling league.
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