United States Attorney for the Southern District of New York, Jay Clayton, announced today that MICHAEL O’FLAHERTY pled guilty before U.S. District Judge Philip M. Halpern to making false statements to federal investigators about having disclosed to his former confidential informant turned fentanyl dealer that another law enforcement agency was actively and covertly investigating the drug dealer.
“Michael O’Flaherty, a New York State Police narcotics investigator, exploited his position of public trust, betrayed the oath he swore to protect New Yorkers, and jeopardized the safety of fellow law enforcement officers,” said U.S. Attorney Jay Clayton. “He did the unthinkable. He tipped off a drug trafficker—responsible for distributing tens of thousands of fentanyl pills—to a covert narcotics investigation. When questioned by federal investigators, O’Flaherty lied repeatedly to cover his tracks. Today’s guilty plea demonstrates our Office’s continued commitment—and the commitment of our police departments—to rooting out the bad apples.”
According to the allegations in the Complaint, court records, and statements made in court:
In 2022, a state law enforcement agency and the U.S. Drug Enforcement Administration (“DEA”) 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 MICHAEL 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. 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, 43, of Poughkeepsie, New York, pled guilty to one count of making false statements, which carries a maximum sentence of five years in prison.
The maximum potential sentence in this case is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Clayton 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 DEA and the NYSP 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.
Source: U.S. Attorney’s Office — Southern District of New York — U.S. Department of Justice press release.