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Bernard Kerik: America's Cop Indicted
November 08, 2007 7:53 PM
A federal grand jury has voted to indict former New York City Police Commissioner Bernard Kerik on charges stemming from the acceptance of free rent and apartment renovations, tax evasion and lying on his application for the job as head of the Department of Homeland Security, two federal sources and a source involved in the defense told ABC News.
As news of the indictment spread, police in suburban White Plains, N.Y., prepared for an expected onslaught of media by setting up police barricades in front of the courthouse and a parking area for television trucks directly across from it, police officials said. And several of Kerik's closest supporters planned to spend the evening with their friend before he turned himself into the government, sources said.
The indictment caps a wide-ranging federal probe into Kerik's affairs that has spanned about a year. While it was not immediately clear what the specific charges were, the government's case as it has been presented to the grand jury has multiple components that would be reflected in a multiple count indictment.
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One component stems from $165,000 worth of renovations to an apartment he owned in an upscale section of the Bronx from a contractor who had sought business with New York City.
He was convicted on charges stemming from those same renovations in a state of New York case brought by a prosecutor in the Bronx.
Another component of the case, according to federal sources and sources involved in the defense, stems from a second apartment Kerik used on East 79th Street in Manhattan's posh Upper East Side. In that instance, the rent -- for approximately two years -- was paid by a third party, Steve Witkoff, a commercial real estate developer. Witkoff is in no way implicated in any wrongdoing.
A third part of the case stems from the failure to pay taxes on imputed income stemming from the value of the rent and the renovations -- an amount estimated to be in excess of $300,000. According to sources familiar with the case, at least part of that failure to pay taxes component is linked to Kerik's 2000 federal tax return .
The government is also expected to charge that Kerik lied on a mortgage application and on his application for the job as head of the Department of Homeland Security.
Kerik's reputation took on heroic proportions in the immediate aftermath of the Sept. 11 attacks on the World Trade Center. Side by side with "America's Mayor" Rudolph Giuliani, Kerik was seen as part of the glue that held the city together and soon, owing to the support of Giuliani and a bond he had developed with President George Bush, Kerik was nominated to be "America's Police Commissioner" -- the head of the Department of Homeland Security.
The former New York City mayor told ABC News' Jake Tapper in an exclusive interview today that Kerik's indictment does not sully his mayoral record.
"You have to judge that in the overall context, in everything that I did, and how many right decisions did I make and how many wrong decisions did I make," he said. "And the balance is very much in favor of -- I must have been making the right decisions if the city of New York turned around; if crime went down by 60 percent, if homicide went down by 70 percent."
Kerik's fall from grace began on Dec. 3, 2004, the same day that the president announced his appointment.
"Bernie Kerik is one of the most accomplished and effective leaders of law enforcement in America. In his career, he has served as an enlisted military police officer in Korea, a jail warden in New Jersey, a beat cop in Manhattan, New York City corrections commissioner, and as New York's 40th police commissioner -- an office once held by Teddy Roosevelt. In every position, he has demonstrated a deep commitment to justice, a heart for the innocent, and a record of great success," President Bush said.
But by late that same evening, a swirl of allegations of misconduct began to surface. They included the employment of an undocumented immigrant as a nanny and the acceptance of what amounted to large gratuities, according to ABC News accounts at the time and other published reports. Soon Kerik was the subject of a criminal investigation by a New York prosecutor. And within about 18 months after his nomination for the job as head of Homeland Security, on June 30, 2006, Kerik pleaded guilty to accepting more than $165,000 in gifts while a city official and failing to report the money as required. He paid more than $200,000 in fines and was spared any jail time.
Kerik, according to sources involved in preparing his defense, had expected his indictment, and since Wednesday night, his associates have been attempting to raise money for a legal defense fund.
"The Bernard Kerik Legal Defense Trust has been established to allow Mr. Kerik's friends and supporters to assist him in defending himself against possible charges that may be brought against him by the United States Attorney's Office in the Southern District of New York," an e-mail sent by the defense fund stated.
The indictment is the latest twist in the tale that began when the child of a prostitute rose to police commissioner of New York City through the edict of Rudy Giuliani, then achieved heroic proportions in the shadow of the collapsing World Trade Center, was gifted a diamond-encrusted chief's badge by a supporter, awarded millions of dollars in stun gun stock options by business clients and given the proffer of a presidential appointment by President Bush to head the Department of Homeland Security.
The early chapters were well-documented by Kerik in his autobiographical account "The Lost Son." The final chapters have yet to be written.
They will very likely include a struggle to pay legal bills, as the defense fund e-mail suggests. They also could result in the sale of his multi-million-dollar New Jersey mansion, a long stretch in federal prison and severe damage to his consulting practice, which includes lucrative contracts with U.S. ally Jordan, according to multiple sources involved in the investigation.
Last spring, Kerik turned down a plea bargain in which the government offered a short prison sentence. Now friends of Kerik attempting to raise money for his defense have found the early going difficult, given that many of Kerik's associates may also have relationships with presidential candidate Rudolph Giuliani who is routinely questioned about his relationship with Kerik.
On Monday, Giuliani said that whatever Kerik's failings, he had been an effective corrections commissioner and an effective police commissioner for the city of New York.
"There were mistakes made with Bernie Kerik," Giuliani said in an interview with the Associated Press while in New Hampshire. "But what's the ultimate result for the people of New York City? The ultimate result for the people of New York City was a 74 percent reduction in shootings, a 60 percent reduction in crime, a correction program that went from being one of the worst in the country to one that was on '60 Minutes' as one of the best in the country, 90 percent reduction of violence in the jails."
Giuliani was a staunch supporter of Kerik's nomination by President Bush to head the Homeland Security Department. That nomination fell apart amid allegations that Kerik, while corrections commissioner, paid less than $18,000 to a contractor for nearly $200,000 worth of renovations to his apartment. In 2006, Kerik pleaded guilty to misdemeanor charges related to the renovation.
"It was a mistake not checking him out as thoroughly as I should have," Giuliani told the AP about the failed nomination.
Longtime Kerik attorney Joseph Tacopina declined to comment.
Kerik's tax attorney, Ken Breen, was not immediately available for comment, his office said.
The U.S. Attorney's Office for the Southern District of New York said it does not confirm or deny the existence of the investigations.
Do you have a tip for Brian Ross and the Investigative Team?
November 8, 2007 | Permalink | User Comments (13)
The company one keeps tells you what kind of person one is. Hence, Guilani shares the same "Immoral" values as Kerik. Walks like a crook, steals like a crook, Rudy is a CROOK.
Posted by: art funk | Nov 9, 2007 8:53:57 AM
Must get Rudy elected so our BUD kerik can grab a pardon. Case closed...next
Posted by: daddy | Nov 9, 2007 9:33:59 AM
They're all Crooks. That's why they call them politians. Dear Lord, please send us a patriot or a statesman to lead this great nation and not another political hack who tells us what he or SHE thinks we want to hear. Amen
Posted by: FedUp | Nov 9, 2007 9:47:01 AM
Oh Please, "America's Cop"? Kerik quit as Interim Interior Minister in Iraq after 4 months, he used an apartment overlooking Ground Zero as a love nest with his mistress, and he took bribes while working for Mayor Giuliani (from people allegedly tied to mobsters). Kerik was a Vice President at Giuliani Partners and a partner in another company, Giuliani-Kerik LLP.
Posted by: Dan | Nov 9, 2007 9:49:53 AM
Kerik was Giuliani's best friend. Giuliani is Godfather to two of Kerik's daughters. Kerik was promoted by Giuliani from the late 1990's until 2004 when Giuliani pushed for Kerik to be director of Homeland Security. Giuliani and Kerik were business partners in two different businesses. If Giuliani never wondered why his best friend had hundreds of thousands of extra dollars while working as a public official, Giuliani can't be trusted as president.
Posted by: Dan | Nov 9, 2007 10:13:27 AM
Rudy Giuliani is a pig. A self agrrandizing one note pony that used 9/11 as a platform to launch his laughable sttempt at the presidency. He was a liberal in all but name and began sucking up to the evil-dopey Bush regime so he could ride on their coatails. The guy is arrogant and his refusal to back away from his thug crony is just evidence of his hubris. His sickening display with wife (3) the fact taht his children have noyhing to do with him and the fact that he tried to force the city of NY to keep him on as Mayor even though his term was over is evidence of how he would abuse power in the Presidency. The guy has an agenda and it has nothing to do with serving the people.
Posted by: Rumble Queene | Nov 9, 2007 11:15:52 AM
Why do you keep repeating those bogus crime statistics that Rudy cited?
Can't you at least go look them up to verify that they are correct, which they are not, before you print them? Otherwise, you are really letting him get away with a whopper here. I thought your role was to fact check the candidates, not print whatever they tell you.
Posted by: bob | Nov 9, 2007 1:07:42 PM
RUDY isn't BERNIE and BERNIE isn't RUDY! For those who don't like Bernie, they will down Rudy for him and likewise. Anyone who has read Bernie's book and knows what he has done for our country would pardon the latest negative press in the media. Bernie should be punished for any wrongdoing he has committed, but not dragged through the mill and stoned to death and the good he has done forgotten. I love America but I am ashamed of the citizens of this country posting such horrendous stuff regarding today's news. I say, "Shame on anyone for throwing the first stone......as if we don't all have any skeletons in the closet". To make this politcal is utterly scandalous. I am ashamed of the behavior. God forgive us all.
Posted by: Marsha | Nov 9, 2007 2:24:36 PM
And this is the friend of guliani that Bush wanted to run the department of homeland security?
Posted by: Samantha Stickers | Nov 9, 2007 4:39:25 PM
I have a great idea! Since waterboarding isn't really torture, let's put America's dirtiest cop on prime time tv, strap him down and waterboard him while Attorney General Michael Mukasey provides a blow by blow commentary.
Posted by: Dutch | Nov 10, 2007 8:24:30 AM
We are truly at the mercy of few. Oil, Banks, Politicians, Special Interests. Bush, President of the United States, is rightly so getting no international and very little national respect. Business before Global warming, 40 million without health insurance, three years wait to get disabilty approval for financial support. Hail to the self-serving Chief and his cronies. The nation and its citizen are in big, big trouble. We have no President for the people,only thiefs bleeding the nation and lives.
Posted by: Mercy | Nov 12, 2007 1:16:44 PM
Why is it that the Feds are only arresting Republicans?
Posted by: Samantha Bumpers | Nov 12, 2007 5:24:27 PM
This Guliani character, what's his deal? He hangs out with dirty cops, child molesting priests, likes to wear womens clothes, goes through wives like shoes ,has a lisp and walks like a girl. And you want to make him the president? Are you nuts? New York City had to force him out of office ,he thought mayor meant king. Ignore him,maybe he'll just go away.
Posted by: bostonblackie | Nov 14, 2007 1:30:40 AM
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