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Brooklyn detective faces up to 5 years in prison after pleading guilty to perjury

August 3, 2018 By Rob Abruzzese, Legal Editor Brooklyn Daily Eagle
A Brooklyn detective faces up to five years in prison after he pleaded guilty in federal court on Friday to be lying about a photo array that he used as evidence in a robbery trial. Eagle file photo by Rob Abruzzese
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A detective from the 70th Precinct in Brooklyn could spend as much as five years in a federal prison after he pleaded guilty to one count of perjury in connection with false statements that he made during a robbery trial.

Michael Foder, 42, from Staten Island, served in the Brooklyn neighborhoods of Midwood, Ditmas Park and Prospect Park South. On Friday, he pleaded guilty in front of U.S. District Court Judge Pamela K. Chen, of the Eastern District of New York. In addition to potential jail time, Foder faces a fine of up to $250,000.

“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,” said U.S. Attorney Richard 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.”

On Dec. 29, 2016, Foder testified under oath about how and when he showed photographs of two robbery suspects to a victim of a carjacking, according to court documents. Foder testified that the photos were taken on Nov. 27, 2015 and Feb. 14, 2016.

However, prosecutors were able to determine that he lied about the dates that the photos were taken and were eventually able to prove it during trial. Foder later acknowledged this during the plea allocution that his testimony was false.

Foder was arrested in February 2018 and resigned from the NYPD this month. He remains out on bail pending a sentencing hearing.

“Police officers swear an oath to hold themselves accountable to the highest standards of ethics and integrity,” said NYPD Commissioner James P. O’Neill. “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.”


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