Ex-LIRR foreman sentenced for conspiring to claim thousands in OT he didn't work

A retired Long Island Rail Road track foreman who became one of the MTA’s highest-paid employees by claiming thousands of dollars in overtime that prosecutors said he did not earn was sentenced to 3 months in federal prison Tuesday, officials said.

Joseph Balestra, 51, who pleaded guilty in September to conspiracy charges, will also serve 3 years in home detention, according to the sentence handed down by U.S. District Court Judge Paul Engelmeyer.

Four other co-defendants, including three who worked for the LIRR, have also pleaded guilty in the case.

Prosecutors alleged that the workers conspired to rip off the Metropolitan Transportation Authority, including by "repeatedly covering for one another’s absences from work while nonetheless understanding that time sheets including the unworked hours would be submitted."

Balestra, who worked for the LIRR for more than 30 years, was also ordered to pay back more than $16,000 — his share of more than $109,000 that prosecutors say was stolen by the co-defendants.

In 2018, Balestra was the 12th-highest-paid employee at the MTA, making $348,000 — more than the presidents of the LIRR and of the MTA. His pay included $240,000 in overtime from 3,000 extra hours he claimed to work that year.

Balestra’s attorney, John LoTurco of Huntington, said the sentence was "fair and just." He called Balestra a "loving husband, father and sports coach."

"The sentence balanced Joe’s acceptance of responsibility with his otherwise lifetime unblemished record in the community," LoTurco said.

As a condition of his plea agreement, Balestra agreed to retire last June from the LIRR — a decision that LoTurco said will significantly impact his railroad pension.

"The LIRR has no tolerance for timekeeping fraud, which is a violation of the trust the public places in employees to be honest about the work they perform," LIRR spokesman Aaron Donovan said. "The LIRR is working to ensure that no fraudulently gained time or compensation is supplied to the pension system thereby inflating the pension."

The MTA began zeroing in on overtime costs following a 2019 report by the Empire Center for Public Policy that revealed several LIRR workers earning more than $200,000 in overtime pay yearly. That includes 2018’s top earner at the MTA, chief measurement officer Thomas Caputo, who brought home $344,147 in overtime, on top of his $117,499 salary.

Caputo has also pleaded guilty to conspiracy charges and is awaiting sentencing.

By Alfonso A. Castillo

alfonso.castillo@newsday.com@alfonsoreports

Alfonso Castillo has been reporting for Newsday since 1999 and covering the transportation beat since 2008. He grew up in the Bronx and Queens and now lives in Valley Stream with his wife and two sons.