New York State Police Officer Charged With Obstructing Justice And Lying To Federal Investigators

Damian Williams, the United States Attorney for the Southern District of New York, and Steven G. James, the Superintendent of the New York State Police, announced the unsealing of a four-count Complaint charging MICHAEL O’FLAHERTY with obstructing an official proceeding and making false statements to federal investigators. O’FLAHERTY was arrested this morning and presented today before U.S. Magistrate Judge Victoria Reznik.

U.S. Attorney Damian Williams said: “As alleged, Michael O’Flaherty, a New York State Police narcotics investigator, exploited his position of public trust in an effort to help his former confidential informant—who was responsible for distributing tens of thousands of potentially deadly fentanyl pills—evade law enforcement.  O’Flaherty allegedly abused his position as a sworn member of law enforcement by tipping off the fentanyl pill dealer about a covert narcotics investigation and encouraging the dealer to destroy evidence.  The defendant’s alleged conduct betrayed the oath he swore to protect New Yorkers and jeopardized the safety of fellow law enforcement officers.  Today’s charges make clear that this Office will remain vigilant in rooting out and prosecuting all forms of police corruption.”

New York State Police Superintendent Steven G. James said: “Law enforcement officers hold a profound responsibility to serve and protect our communities, which requires the highest standards of accountability and integrity.  Trust is the cornerstone of public safety, and maintaining that trust demands transparency, professionalism, and an unwavering commitment to ethical conduct.  The State Police will continue to work cooperatively with the U.S. Attorney’s Office of the Southern District regarding this criminal case, and I appreciate Governor Hochul’s ongoing support of our longstanding culture of accountable policing.”

As alleged in the Complaint unsealed today:[1]

In 2022, a state law enforcement agency and the U.S. Drug Enforcement Administration conducted an investigation of fentanyl pill distribution linked to multiple overdose deaths in Dutchess County (the “Fentanyl Investigation”).  The Fentanyl Investigation identified a particular narcotics trafficker (“Individual-1”) and Individual-1’s network of runners as a prolific source of fentanyl pills in the county.  The Fentanyl Investigation also learned that Individual-1 had previously served as a confidential informant for the New York State Police (“NYSP”) and had been supervised by O’FLAHERTY, a police officer with the NYSP.  During conversations with members of the Fentanyl Investigation, O’FLAHERTY expressed a willingness to assist the Investigation.  But unbeknownst to the Fentanyl Investigation and O’FLAHERTY’s own supervisors, O’FLAHERTY had maintained a personal relationship with Individual-1 both during and after Individual-1’s tenure as an informant.  O’FLAHERTY purported to assist the Fentanyl Investigation, but in fact O’FLAHERTY promptly told Individual-1 about the Fentanyl Investigation and encouraged Individual-1 to destroy evidence of Individual-1’s narcotics trafficking. O’FLAHERTY also tried to dig for sensitive details about the Investigation, including the identity of the Investigation’s confidential source within Individual-1’s network.  At the same time, O’FLAHERTY attempted to prevent the Fentanyl Investigation from discovering the nature and extent of O’FLAHERTY’s interactions with Individual-1, including telephone calls, text messages, and one-on-one meetings that O’FLAHERTY had concealed from NYSP supervisors and colleagues.  When federal investigators ultimately questioned O’FLAHERTY about the nature of his interactions with Individual-1, including O’FLAHERTY’s disclosure of the Fentanyl Investigation, O’FLAHERTY lied to federal investigators.

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O’FLAHERTY, 42, of Poughkeepsie, New York, is charged with two counts of obstructing an official proceeding, each of which carries a maximum sentence of 20 years in prison, and two counts of false statements, each of which carries a maximum sentence of five years in prison.

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Williams praised the outstanding work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York and the valuable assistance of the New York State Police’s Professional Standards Bureau. 

The case is being prosecuted by the Office’s White Plains Division.  Assistant U.S. Attorneys Qais Ghafary and Jeffrey C. Coffman are in charge of the prosecution. 

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.