By: Rob Krieger & Gabby Killett | fox8live.com | July 27, 2026
NEW ORLEANS (WVUE) – The felony case against fired New Orleans Police Department Sgt. Henry Burke has been referred to the U.S. attorney’s office, a source confirmed to FOX 8.
The referral opens the door for federal prosecutors to conduct their own investigation into allegations first exposed by FOX 8’s “Unchecked Overtime” series.
Last summer, FOX 8 began investigating some of NOPD’s highest overtime earners. On multiple days in July and September, an undercover camera recorded Burke at his home outside Orleans Parish while his timesheets showed he was working.
NOPD placed Burke on unpaid leave in February and charged him with four counts of public payroll fraud and six counts of injuring public records. All 10 counts are felonies.
Earlier this month, state prosecutors declined to pursue the charges and referred the case to another jurisdiction. A FOX 8 source confirmed that jurisdiction is the federal government.
FOX 8 legal analyst Joe Raspanti said the U.S. attorney’s office could now begin its own review of the evidence.
“It’s a brand new investigation. The feds are going to do their own thing — they’re going to subpoena you for your video, the police for their timesheets — and then make a decision to present it to a grand jury, who has to decide whether to indict or not to indict,” Raspanti said.
Raspanti said the physical evidence, including video showing Burke at home while his records indicated he was working, could provide a strong foundation for federal prosecutors.
“Based upon what I know about this, from what I saw — it looks like a pretty good case,” Raspanti said. “You have physical evidence. People can’t be in two places at the same time. And because he’s a policeman, that could be an aggravating circumstance — he’s in a position of trust. I think from where I’m looking, it looks like a pretty good case to go forward on.”
NOPD fired Burke last week, eight months after launching an internal investigation following FOX 8’s first reports in November.
The department said its investigation found Burke committed multiple payroll violations and submitted inaccurate reports.
Michelle Foster of the Metropolitan Crime Commission said the timeline shows a shift in how the department handles allegations involving overtime and timekeeping.
“They were disciplining officers for these type of issues, but not taking the steps to terminate them,” Foster said. “I think you need to take those steps because we saw the overtime and the potential fraud allegations getting out of hand.”
Foster said Burke’s termination also sends a message to other officers about accountability and the effect timekeeping violations can have on public safety.
“That is a big thing the department takes seriously,” Foster said. “And if you’re supposed to be working in the district and you’re at home, then what is that doing for the community and public safety? You’re not keeping the citizens of New Orleans safe if you’re at home. But being paid.”
Burke received more than $282,000 in taxpayer money last year, making him one of the highest-paid officers in the department.
Burke can appeal his termination. Raspanti said Burke also would likely remain entitled to his pension under state law even if he were convicted of payroll fraud.
Three other officers identified in FOX 8’s “Unchecked Overtime” series remain under internal investigation. They have been barred from working overtime and off-duty detail shifts while those investigations continue.