NYPD Detective Charged with Perjury and Obstruction of Justice

A three-count indictment was unsealed earlier today in federal court in Brooklyn charging Michael Foder, a detective with the New York City Police Department (NYPD), with perjury and obstructing an official proceeding in connection with false sworn testimony that Foder gave in a proceeding in United States District Court on December 29, 2016.  The defendant will be arraigned later today before United States Magistrate Judge Vera M. Scanlon.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James P. O’Neill, Commissioner, NYPD, announced the charges.

According to the indictment and court filings, Foder falsely testified under oath about when and how he showed photographs of two robbery suspects to a victim of the robbery.  Following the hearing, the government identified several discrepancies in the photo array identifications.  Handwritten notations indicated that the photo arrays had been completed on November 27, 2015 and February 14, 2016, as Foder had testified.  However, the photographs of fillers depicted in the photo arrays had been taken on dates subsequent to the dates Foder claimed he had shown them to the victim witness.  Foder is alleged to have falsified documentation relating to the purported identifications made by the victim.

 “As alleged in the indictment, this defendant provided false testimony in a federal criminal proceeding,” stated United States Attorney Donoghue.  “Our justice system relies upon the absolute integrity of our law enforcement officers and, while the vast majority of officers uphold that standard, we will not hesitate to act when one does not.”

“As alleged, Foder committed a serious crime by lying while under oath. In doing so, he threatened the reputation of the honest men and women of law enforcement who work selflessly to weed out crime and keep their communities safe,” stated FBI Assistant Director-in-Charge Sweeney.  “We hold all officers to the highest standards, and we’ll be quick to respond whenever these ideals are challenged–there are no exceptions.”

“The NYPD and all the people we serve expect the highest levels of integrity and truthfulness from our police officers, who swore an oath to uphold the fundamental principles of our city, state, and nation,” Police Commissioner O’Neill said. “The detective charged today broke that oath by willfully giving false testimony, an act that makes the job of every other police officer more difficult. The NYPD goes to enormous lengths to detect those who break the law or do not follow policies and procedures – from integrity testing by our Internal Affairs Bureau; to auditing of crime and other reports; to regular collaboration with local and federal prosecutors; to proactive training for all police officers, new investigators, and supervisors.”

The charges in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorney Nathan Reilly is in charge of the prosecution.

The Defendant:

MICHAEL FODER
Age:  41
Staten Island, NY

E.D.N.Y. Docket No. 18-CR-97 (PKC)