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America's Cop Faces 142 Years in Prison If Convicted
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ShareNovember 09, 2007 11:29 AM
His old title was "commissioner." His new title is "defendant."
A 16-count federal indictment unsealed today charges Bernard Kerik, the former police commissioner of New York under then-Mayor Rudolph Giuliani, with conspiracy, tax fraud and making false statements.
Kerik pleaded not guilty today and was released on $500,000 bail. He was ordered to turn over his passport and any firearms as well as to have no contact with potential witnesses
But the underlying issues are simply these: Kerik allegedly failed to provide New York and its citizens their "intangible right" to his honest services, and Kerik allegedly lied -- time and time again -- during the vetting process that preceded his nomination by President George Bush for the position of head of the Department of Homeland Security, according to the indictment.
"It was a part and object of the conspiracy that defendant Bernard B. Kerik...unlawfully, willfully and knowingly devised and intended to devise a scheme and artifice to defraud, and to deprive the City of New York and its citizens of their intangible right to the honest services of Bernard B. Kerik," the indictment states.
By taking payments Kerik "in effect" was "selling his office," said U.S. Attorney for the Southern District of New York Michael Garcia.
"On the steps of the courthouse after his arraignment, Kerik called the court fight his toughest challenge since 9/11, and said, "I'm disappointed that the government has brought this case...This is a battle I'm gonna fight. I"ll let my attorney talk about the case."
"Bernie Kerik is gonna fight these charges, and he's gonna beat these charges," Kerik's attorney Ken Breen added. "We look forward to our day in court."
U.S. attorney Garcia also said the government would not "tolerate lies" during the "vetting process" of a secretary post and noted the process "is there for a reason."
Handed down by a federal grand jury in suburban White Plains, N.Y., the indictment outlines a long list of alleged deceptions, and alleged corrupt acts, and contains Kerik's own damning e-mail in connection to charges that Kerik accepted renovations worth about $225,000 from a company seeking to do business with the city, failed to disclose those benefits and took steps "to convince city regulators that contractors were free of mob ties."
"I put my reputation and integrity in the line defending whatever (John Doe #3) asked without question," Kerik wrote in an e-mail to "John Doe #3," an employee of the renovation company. "I'm walking on eggshells until this apartment is done. A bullshit $170,000, [sic] I had to beg, borrow and [expletive] for the down payment and I'm still [expletive] over the $5,000. [sic] I need for closing if it happens. Then the renovations."
The indictment charges that Kerik hid the benefits he received during his tenure as city corrections commissioner and then when he served as police commissioner.
In addition, the indictment charges Kerik with multiple counts of false tax returns including a failure to report $236,000 in rent paid by a third party for his Manhattan apartment, a failure to report $75,000 in book income and taking about $80,000 in "phony charitable deductions." Kerik also allegedly took home office deductions in a New Jersey home in which he did not yet live.
The list of alleged deceptions also includes "multiple false statements to the White House in connection with his application for positions as adviser to the President's Homeland Security Advisory Council," head of the Department Of Homeland Security and to the Coalition Provisional Authority in Iraq.
Kerik faces, if convicted, a maximum aggregate sentence of 142 years in prison and $4,750,000 in fines, although any actual sentence would be much shorter under federal sentencing guidelines.
This post has been updated.
Do you have a tip for Brian Ross and the Investigative Team?
November 9, 2007 | Permalink | User Comments (63)
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Rudolph Giuliani how can this not reflect against you? You say your tough on crime well with a side kick like this shows your own reflection in the mirror.
Posted by: T | Nov 9, 2007 11:46:04 AM
What a disgrace this man is. I hope he spends many years behind bars.
Posted by: 2 | Nov 9, 2007 11:48:02 AM
Giuliani, becoming best friend and business partner with Kerik was not just a "mistake" - and and it's certainly not the kind of mistake we need from a president.
Posted by: Dan | Nov 9, 2007 11:49:43 AM
Hurt Rudy? Of course it will just like McCain got hurt in S.C. and then Thompson by his adisor corruption. That leaves Mitt and Huckabee as the two who should rise and so be it. At least they are the most conservative of the bunch.
Posted by: rockychance | Nov 9, 2007 11:58:38 AM
In part, the public has itself the blame. You pumped these individuals in LE up to be larger than life, right next to gods and goddesses. Then their heads balloon so big that they really start to believe they are larger than life, gods who are invincible, untouchable and unaccountable for anything. From the cop whose wife is missing to this and others, the signs were already there, but no one wanted to pay attention.
Posted by: Cops Gone Wild | Nov 9, 2007 12:13:34 PM
I remember reading about this guy in - he was put on a pedestal. It should affect Giuliani since it happened on his "watch" just like 9/11 should affect him and GWB because it happened on their watch.
Posted by: b osipov | Nov 9, 2007 12:30:38 PM
Wha!? Unbelievable; perhaps we shall replace the 142-year sentence with a parole-free life sentence! And make sure that he gets very limited prision privileges as well!
Hail Quintana!!
Posted by: Emperor Quintana | Nov 9, 2007 12:32:31 PM
"That leaves Mitt and Huckabee as the two who should rise and so be it. At least they are the most conservative of the bunch."
Didn't Mitt Romney have Larry Craig?
Well that leaves Huckabee for the right to reach for.
Posted by: Matt | Nov 9, 2007 12:45:28 PM
No wonder a man with this character was trumped up to the WHITEWASH HOUSE with such speed and commanded such a treasured appointment such as HOMELAND SECURITY. If anybody out there does not think the crooks won, keep voting republican till your really sure.
Posted by: daddy | Nov 9, 2007 12:47:22 PM
Here we go again - more corruption at the top. Don't worry about him though, he'll be one of Bush's "pardons" on the way out. Remember Scooter Libby?
Posted by: Margaret H. | Nov 9, 2007 12:59:43 PM
More of the GOP culture of corruption exposed. Neither Rudy nor his deputy were that well liked here in New York. I'm voting for Congressman Ron Paul in the Feb 5th 2008 GOP NY state primary.
Posted by: oneman | Nov 9, 2007 1:37:20 PM
Why would anybody trust someone that even looks like he would eventually get in to trouble? This guy Kerik looks like a thug from Jersey and this type of scum always ends up in trouble and then in prison. Guiliani is done. Once connected to the mob and we certainly don't want that stench in the White House.
Posted by: Rick | Nov 9, 2007 1:45:27 PM
Another conservative, law and order, deeply religious, god and country, Jeezus loving, pro-lifer shows his real self.
Posted by: Ronin | Nov 9, 2007 1:46:54 PM
Wait until ex-mayor Giuliani's former aides testify that they warned Giuliani about Kerik's shady connections BEFORE Giuliani named him Police Commissioner. How is Giuliani going to explain that?
Posted by: Dan | Nov 9, 2007 1:57:23 PM
Rudy is surrounded by crooks and pedophiles,his best buds. NYC firemen hate Rudy. Rudy has screwed around on every wife he has had. Of course GOP supporters will say: Clinton,Clinton,Clinton. Your are all morons! Clinton was a saint compared to Rudy.
Posted by: AJ | Nov 9, 2007 2:05:23 PM
I love the pictures of Kerik and Bush together, a picture is worth a thousand words.
Posted by: kishor | Nov 9, 2007 2:25:12 PM
Why does the headline call him "America's Cop"? He was the top cop in NYC, but that label ABC put on him is just really stupid...and Giuliani is not "America's Mayor"...
Posted by: Jazz | Nov 9, 2007 2:25:33 PM
Most of the postings in connection with this story exemplify the nut-job left convicting a man before he has his day in court. What ever happened to innocent before proven guilty? I guess this bedrock principle of American justice only applies to those who till the democratic party's line.
The lunatic left is just squirrly b/c they know that Rudy is the biggest threat to Hillary in the general election.
Rudy may not be perfect, but if surrounding yourself with thugs, ex-cons, sex addicts, etc. is a crime, than Hillary should be on death row...
Posted by: Robert Marley | Nov 9, 2007 2:28:49 PM
The biggest hypocrites I have ever seen are Mr.Guilian and his party.They always
claim to be party of the faithful but
most of them are gay,married multiple times,not compassionate as they clame and do not care about the working poor.
The high price oil has affected every
thing from food to houseware.I am a
father of three and also taking care of
my mom ,yet I do not have enough money
to buy gifits for my kids for the christmas and this the first time this has ever happen to my wife and I.
VOTE FOR HILLARY IN '08 PLEASE EVERY ONE.
Posted by: UGOCHUKWU | Nov 9, 2007 2:29:03 PM
One of the Counts of False Statements to the US Government is that at the time he was being pushed as Secretary of Homeland Security by Giuliani, Kerik failed to disclose that he had accepted a $250,000 personal loan from a "John Doe #7", and that Kerik knew that the $250,000 actually came from "an Isreali indutrialist who did business with the US Government". The indictment is worth reading and is available in the 'net.
Posted by: Dan | Nov 9, 2007 2:30:15 PM
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