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America's Cop Faces 142 Years in Prison If Convicted
November 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)
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
John Gotti Jr should run for President on the GOP ticket,he has all the qualities a typical GOP supporter is looking for today! Run John! Run!
Posted by: AJ | Nov 9, 2007 2:35:06 PM
Look at all the attacks against the GOP. Yet no GOP'ers are here to defend them...why? Cause they have a life, and don't troll on the news boards. They are out working, and doing something with their lives.
Posted by: MDOG | Nov 9, 2007 2:54:29 PM
Not a big fan of Bush but the liberal bias ABC news consistently shows is contemptible...why else would Bush's picture be shown here?
Posted by: Jim | Nov 9, 2007 3:07:04 PM
I LOVE HOW ONLY ANTI-RUDY POSTINGS MAKE IT ONTO THIS WEBSITE. THIS IS MY FIFTH TRY THIS AFTERNOON.
WHATEVER HAPPENED TO INNOCENT UNTIL PROVEN GUILTY? I GUESS THAT BEDROCK PRINCIPLE OF AMERICAN JUSTICE ONLY APPLIES IF YOU SUPPORT THE DEMOCRATIC PARTY.
RUDY IS CERTAINLY NOT PERFECT, BUT LET'S FACE IT, PEOPLE LIKE HIM. A LOT OF PEOPLE LIKE HIM AND THAT MAKES ALL OF YOU LEFTY NUTS NERVOUS.
IF ASSOCIATING YOUSELF WITH THUGS, EX-CONS, SEX ADDICTS, ETC. IS A CRIME, THEN HILLARY SHOULD BE ON DEATH ROW...
Posted by: Robert Marley | Nov 9, 2007 3:07:22 PM
Politicians are totally out of control! Once they get in office they just screw the people who voted them in. I think kerik should rot in jail for what he did. Where is the justice in this country if the politicians and law enforcement think they are above the law. Our country is going straight to hell! We have no jobs for our young people, seniors aren't able to buy medication, veterns in this country are living on the street and racism never died. We have to work on bringing this country back to what it should be, we are at war with our own neighbors. Our jobs are all oversees, even the military office personnel don't want to fight in this war. We lost to many of our young americans in a war over oil, that does not belong to us. I love this country but I am not willing to die for bush. Sorry I got off the subject!!!!!!
Posted by: Ma | Nov 9, 2007 3:16:26 PM
It would be interesting to see the triangle of collusion that exists between Mr. Kerik, Mr.Giuliani, and Ms. Pero who was the Westchester DA. Further it will be interesting to see what involvement the former mayor to these individuals. Mr. Giuliani must have known about his past and lets see if he goes down as well
Posted by: frank600 | Nov 9, 2007 3:16:47 PM
What ever happened to innocent until proven guilty?
Posted by: JBHAD | Nov 9, 2007 3:17:14 PM
What is it with this "America's Cop" BS? Who came up with that load of mularkey?
Posted by: JA | Nov 9, 2007 3:25:45 PM
Americas Cop, Give me a break... NY is NOT all there is of America, It is a small part of america. Look at a map!
Posted by: Bob | Nov 9, 2007 3:49:10 PM
Pelosi/Reid/Murtha and the other commies on the left fall all over themselves to give rights to the terrorists in Gitmo, but no one is willing to give this man the presumption of innocence? What a load of crap.
Posted by: Robert Marley | Nov 9, 2007 4:11:54 PM
Lies, lies, and bigger lies. This man reflects the corruption of Giuliani. Giuliani is dishonest, taking advantage of the poor, ie. taking welfare away from those in shelters (illegal) because he knew it would take time for lawyers to gather to fight it.."America's Cop" is all lies. Thank goodness its all coming to light.
Posted by: cb | Nov 9, 2007 4:12:35 PM
And this is the friend of Guiliani that Bush wanted to be the head of Homeland Security? Isn't this man corrupt, even by Republican standards?
Posted by: Samantha Stickers | Nov 9, 2007 4:34:32 PM
SCUM, SCUM AND MORE GUILIANI SCUM.....
Posted by: Tony | Nov 9, 2007 4:40:24 PM
Guiliani is a complete MORON. Whoever believes he did not know about Kerik is a
complete IDIOT. I think Guiliani thinks the american people are stupid and are going to believe this crap. VOTE RON PAUL
for a honest man and puts all these candidates to SHAME. GO RON......
Posted by: Tom | Nov 9, 2007 4:46:42 PM
Americans! Take back your country NOW! How much more corruption will you stand for?
Posted by: Lana | Nov 9, 2007 5:05:35 PM
If Rudy gets elected this guy will be pardoned and then probably given a high level job under Rudy.
Posted by: Rick_VT | Nov 9, 2007 5:28:21 PM
Those pesky forms! Gee, if only Bush had waived the disclosure requirements like Rudy did, Bernie could have been our Homeland Security Chief. Truth be known, Bernard Kerik would would never have qualified as Commissioner of Police in the NYC, if he like all other top city officials, filled out the required disclosure forms regarding his finances, gifts, family, business and partnership associates. But he did not have to comply with the rules because Rudy waived the requirement as not to "overburden" his pal Bernie with a few pages of pen to paper. So Kerik never had to reveal that his mafia friends paid for his wedding and that he bought from these generous gift givers many thousands of dollars worth of useless junk on behalf of the city, which lays around collecting dust in a warehouse
Posted by: maddymappo | Nov 9, 2007 5:31:16 PM
This crook is pictured with Bush because our wise president wanted him to be in charge of Homeland Security.
Posted by: b osipov | Nov 9, 2007 5:41:11 PM
Ya know, I just had the displeasure of sitting in jail for 17 days, and now await my trial of which I think I will be aquitted. Anyone on here should be careful about what they say with regards to taking someones freedom, the punishment should fit the crime(s) and a 'life sentence free of parole' should be reserved for ONLY the greatest threats to society, in my humble opinion.
Posted by: Miguel | Nov 9, 2007 7:44:51 PM
Rudy=Abortion, Gay Rights and Gun Control
How much was Pat Robertson paid?
Posted by: CYNICAL_ME | Nov 9, 2007 8:11:48 PM
Question to all the Rightwing hatemongers: How come you all were so quick to judgment with Bill Clinton?
Posted by: AJ | Nov 9, 2007 8:25:46 PM
Those of you trying to defend Kerik and Giuliani, please continue. It only reveals the moral bankruptcy and desperation of your party a la Pat Buchanan. You are showing yourselves not only willing to sacrifice your closely held positions on abortion and gay marriage, but to defend crooks and liars in deranged quest to defeat the liberals. Thereby becoming the very monster you allow yourself to see everywhere but in your own midst. Why not support another candidate who is decent and shares your political values? At least you'd have your self respect and wouldn't have to be an apologist for corruption.
Posted by: JB | Nov 9, 2007 10:00:39 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."
Everyone mentioned so far are obvious crooks who want POWER so they can abuse it, as has been the neoCON tradition. Why do you people overlook the one candidate with impeccable integrity througout his public and private life?
GOOGLE RON PAUL.
Posted by: Ruth Blameuser | Nov 10, 2007 12:39:57 AM
Are we really surprised that a rich, powerful, white man has for friends other rich, powerful, white men who give him extravagant gifts and services? Duh. And to say that him committing these crimes is demonstrative of conservative republicans (probably true), but then you're implying that democrats are free of the same behavior. To believe that either political party is entirely free of corruption is naive and irresponsible on our part as citizens. Eventually we will have to judge this man for what he is - an individual - and not condemn the entire American system of government (as flawed as it is, it's still ours).
Posted by: Stanley | Nov 10, 2007 4:29:23 AM
142 years from now I hope Rudy has the good sense to reinstall Kerik as CEO of Giuliani-Kerik LLC, an affiliate of Giuliani Partners LLC.
Posted by: justathought | Nov 10, 2007 10:39:11 AM
Stanley, I couldn't agree with you more.
The fact is that Guiliani is no more "the candidate" than was Georgie the Dubya before him.
Let this be made perfectly clear to the members of the Chen(ey gang): New Yawk Sitty isn't as important as you still apparently think it is. You're gonna have to come up with a more acceptable patsy this time. Either Julie or McCain (or both, if you're THAT stupid) will be impeached on innauguration day, and probably convicted. You know that. So do we.
Posted by: Polishqueue | Nov 10, 2007 2:13:31 PM
First lets start out by saying Mr. Kerik does have the right to a fair and impartial trial by a jury of his peers.
BUT!!!!!!!!!!
He has already been granted a very generous plea deal by the Bronx DA's Office. This based on his admissions of guilt he should have been locked up and sent to prison on the charges brought by the BX DA & DOI. But he has heavy hooks deep into CITY HALL (Shame on Mayor Bloomberg!!!) and the Department Of Investigation. Those charges that he admitted to were directly connected and based in fact to charges that are part and parcel of the Federal Indictment.
So Mr. Bernie has already admitted his guilt... granted it was in the State Court System but none the less. There is a basis in fact for this indictment.
Now lets turn our attention to the real problem Mr.Ghouliani. This is not his first mistake there are many many more friends of his that he appointed to NYC Government positions that have turned out to be crooks and thieves and perverts. Yet he continues to awe the brain dead, public at large. This is the most serious problem that faces America today.
The electorate time and time again fails to get rid of these re-cycled hacks who feed at the public trough and give in reality do nothing of substance for the taxpayer. Its is us who should be ashamed of ourselves for allowing this to happen time and time again. As these scumbags (and I am being very gracious here)take the very heart from our democracy and form of government. It may be too late for America to wake up.
Posted by: Cigar Man | Nov 10, 2007 3:59:32 PM
I am a Dem, but don't wish Gulianni any ill will. This is a mess from pre911 to a degree. This may kill the Gulianni candidacy as it is a slippery slope to other things in all liklihood. Romney is the winner-maybe McCain. Romney is the perfect familily man, but so many dislike Mormons (not me) but many do. McCain's Mom even. Why? Who is left? I don't think 08 will be a Republican year. We are going into a recession, the war won't end, and New Orleans is still a mess. The dollar value is gone, and Bush vetoes children's health care. Hmmmm. Maybe Gulianni is better off without losing this race.
Posted by: Franklin | Nov 10, 2007 5:35:43 PM
Ah, but Kerik did far more for the Bush Mafia than serve under Rudy. Am I the only one on this site who has read L.Paul Bremer III's self-serving book, "My Year in Iraq"? Bremer was hand-picked by Bush as his Envoy in Iraq from May 2003 to June 2004. As head of the CPA, Bremer is unable to account for the between $12 billion and $22 billion that simply disappeared under his slight of hand. In December 2004, Bush awarded Bremer the Presidential Medal of Freedom for his service in Iraq. Bremer, according to his book, hand-picked Bernard Kerik to train the Iraqi police force. The corruption has spread from the top down, guys. See pages
72,127-129,151,152-153,161,162,169,183.
Posted by: Ena | Nov 10, 2007 6:40:22 PM
We should be able to see where this is going. Jump forward a few years: a very light sentence that does not even come close to fittiing the crime will be accepted after millions of tax payers dollars are used to make a case against Kerik. We will then see a tearful appology to the American public, asking for forgivness. Why do we never get this appology until after spending money to prove the case. If the corrupt pollitians would appologize before getting caught, then maybe forgivness will be forth coming.
Posted by: Chris Bryant | Nov 10, 2007 8:08:52 PM
America's top cop?
Come on Dick, surely you don't lump this punk in with those that put their life on line every night in this country?
Posted by: Robert | Nov 10, 2007 10:32:00 PM
I vote we waterboard this character until he squeals. After all, "America's Lawyer" says he can't say whether or not waterboardins is actually torture... so he certainly wouldn't object to it being used on "America's Dirtiest Cop".
Posted by: Dutch | Nov 10, 2007 10:52:00 PM
Well, here's the real question. Was he a good police commissioner (I really don't know, not being from New York)? I seriously doubt of anyone that rises to this level is as honest and law abiding as we like to fantasize about: Bush, Rudy, Obama, Clinton, or anyone (well, maybe kucinich). I could care less if they're crooks - I just want to know if they're effective at the job.
Posted by: Irish | Nov 11, 2007 2:44:44 AM
Bernie will get off on these crimes he committed. With friends like Mike the new AG and Rudy he's covered. Look for another Libby bail out and cover up. Crime does pay when you have the right friends like those in the White House and other GOP Crime Family members. Look for the Christian Republican Pastors to say they got a call from God to free Bernie and that should be enough.
Posted by: Jackiej | Nov 11, 2007 6:05:47 PM
"...Kerik called the court fight his toughest challenge since 9/11." So Kerek plays the 9/11 card, just like his brother Rudy. What a surprise. Is this the only thing these guys ever did in their lives? (Excepting, of course, Rudy's serial matrimonies and affairs! Those must have kept him busy, too. LOL!) 9/11's history; a tragedy we have now moved beyond, albeit with respect and sad reflection. Get over it, dudes, and stop appropriating/marketing the event as your personal crutch.
Posted by: beeker77 | Nov 12, 2007 8:25:34 AM
Kerik was "America's Cop" just like the Dallas Cowboys were "America's Team." Hah!
...What goofball makes up these titles?!?
Posted by: beeker77 | Nov 12, 2007 8:50:02 AM
Why are so many top Republicans, and friends of top Republicans going to jail?
Oh well, who can blame Guiliani just because he is friends with crooks? A tleast he doesn't support child-raping priests.
Posted by: Samantha Stickers | Nov 12, 2007 10:29:46 AM
142 years is a long time.maybe he will spend all his life in prison.
Posted by: jessie | Nov 13, 2007 4:05:52 AM
If Americas TOP COP faces 142 years in prison, how many years do our criminals face???? Parole will ease their crowded ranks...
Posted by: daddy | Nov 13, 2007 4:41:19 PM
Good. I hope one of the neocon freaks like Huckabee or Romney get the repub nomination. They will be more easy to crush during the general election! America is sick and tired of the neocons like Bush and his crew. America is not a THEOCRACY. These guys wanna bible thump their way to the presidency, keep this stupid Iraq war going indefinately, and ignore the social problems in this country such as healthcare and education. That's why congress is now majority dem.
Posted by: sesame | Nov 15, 2007 9:25:25 AM
I liked Guliani. He was the only moderate repub in the mix. The rest are a bunch of bible thumping religous nuts.
Posted by: sesame | Nov 15, 2007 9:39:53 AM
It appears that the American people have dismissed their own rights in regards to our Government who is supposed to be held accountable TO THE AMERICAN PEOPLE!!! We have all gotten so carried away with the partisan fighting, the corruption, the cover ups, the downright deceit, that we have all but given up on even thinking we may have a voice against this big hairy green monster called the US Government. VOTE RON PAUL for President.....please people, educate yourselves, lets all refuse to pay any taxes for one year, that might get our governments attention. I can see why less and less people are voting thesedays, but to get their attention, we have to unite together as one people, and hit them where it hurts...in the wallet...VOTE RON PAUL!
Posted by: Teri | Nov 22, 2007 9:15:34 AM
As a conservative republican, I am getting really tired of all the greed from our elected officials as well as the democrats elected. What is happening to our countries integrity? We can't blame either party. We need to look at the character of the people in general. Folks, we need to WAKE UP!!! Our country, as strong as we are now,will fall like the Roman Empire did. They to were mighty but when we get complacent, when our heads get to big, and most of all when we turn our backs on our Creator that's where we'll see our punishment. We'll get exactly what we've been asking for. I'm frankly discusted with most of our elected and almost to the point that I don't want to vote because there's not much to pick from anymore. WAKE UP AMERICA!!!
Posted by: Jesus Freak | May 7, 2008 11:14:52 AM
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