Former NYPD Detective Pleads Guilty to Committing Perjury in a Federal Prosecution

Defendant Falsely Testified in Brooklyn Federal Court about Photo Arrays that He Claimed to Have Administered

Earlier today, in federal court in Brooklyn, Michael Foder, a former detective employed by the New York City Police Department (NYPD) at the time of the charged conduct, pleaded guilty to one count of perjury in connection with false statements he made under oath during a criminal proceeding.  The guilty plea was entered before United States District Judge Pamela K. Chen.  When sentenced, Foder faces a statutory maximum of five years in prison and a fine of up to $250,000.  Foder was arrested in February 2018 and resigned from the NYPD in August 2018.

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 guilty plea.

“The defendant admitted that he falsely testified at a pre-trial proceeding in federal court, a gross violation of the oath he took as a sworn witness and as a law enforcement officer who must be held to the highest standard of integrity,” stated United States Attorney Donoghue.  “As demonstrated by Foder’s prosecution, this Office and our law enforcement partners are committed to holding accountable those who fail to respect the bedrock principle of truthful testimony upon which our justice system must depend.”

“As a former sworn NYPD detective, Michael Foder understood the solemnity of taking an oath,” stated FBI Assistant Director-in-Charge Sweeney.  “Whether vowing to protect his community or vowing to tell the whole truth, both oaths held mutual significance. Yet, Foder blatantly disregarded this by committing perjury during a criminal proceeding. Upholding the rule of law, the FBI will equally investigate those who break federal laws, irrespective of their profession.”

“It is imperative that New Yorkers are able to trust their police to tell the truth,” stated NYPD Commissioner O’Neill.  “Police officers swear an oath to hold themselves accountable to the highest standards of ethics and integrity. And when they intentionally violate that promise, they tarnish the reputation of all good cops, make their jobs much more difficult, and erode the trust we have worked so hard to earn in all of our communities.”

According to court filings and facts presented during the guilty plea proceeding, Foder, then assigned to the 70th Precinct in Brooklyn, falsely testified under oath at a December 29, 2016 hearing in connection with a federal prosecution about when and how he showed photographs of two robbery suspects to a victim of a carjacking.  Following the hearing, the government identified discrepancies in the photo array identifications, including when the identifications had occurred.  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 acknowledged during his plea allocution that his testimony about when he had administered the photo arrays was false.

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.