Kerik Is Expected To Face Indictment

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The New York Sun

Bernard Kerik, the police commissioner under Mayor Rudy Giuliani who nearly became head of the Homeland Security Department, will surrender to authorities Friday to be arraigned on criminal charges, an official said yesterday. The federal law enforcement official said prosecutors plan to announce the filing of an indictment against Mr. Kerik at a news conference Friday. The official spoke on condition of anonymity because of the secrecy of grand jury proceedings.

Prosecutors have been presenting evidence to a federal grand jury in White Plains for several months to consider charges against Mr. Kerik including tax evasion and corruption.

A second person familiar with the investigation, who wasn’t authorized to speak publicly about the investigation, said Mr. Kerik will turn himself in Friday morning and be arraigned at noon in U.S. District Court. He would not disclose the specific charges.

Several calls to Mr. Kerik’s lawyer, Kenneth Breen, were not immediately returned.

Authorities have alleged that Mr. Kerik took tens of thousands of dollars in services from benefactors and never reported it as income. Earlier this year, he rejected a plea deal, and his attorney insisted he had done nothing wrong.

An indictment would be the latest chapter of a downfall that began within days of Mr. Kerik’s nomination in 2004 to head the Department of Homeland Security. At the time, he was billed by the former mayor as a no-nonsense, self-made lawman who helped restore calm following the September 11, 2001, attacks.

A federal indictment of Mr. Kerik could complicate matters for Mr. Giuliani as the first presidential primaries draw near.

The ex-mayor frequently says that he made a mistake in recommending Mr. Kerik to be Homeland Security chief, but that might not be enough to avoid the political damage of a drawn-out criminal case involving his one-time protege.

During a campaign stop in Dubuque, Iowa, on Thursday, Giuliani was asked whether he still stands by Kerik. He sidestepped that question and said the issue has to be decided by the courts.

“A lot of public comment about it is inconsistent with its getting resolved in the right way in the courts,” Mr. Giuliani said.

A former undercover police officer with a bodybuilder’s physique and a knack for charming people in high places, Mr. Kerik has since been hit with a string of reports about personal and professional improprieties.

His nomination was confronted with news reports about stock-option windfalls, his connections with people suspected of doing business with the mob, and overlapping extramarital affairs with two women: Judith Regan, the publisher of his memoir, and a city correction officer. The liaisons reportedly occurred in an apartment near ground zero that had been set aside for rescue workers.

Mr. Kerik, 51, who married his current wife in 1998 and has two children with her, apparently became close with Ms. Regan while writing “The Lost Son,” in which he described being abandoned by his prostitute mother.

Mr. Kerik rose from cop to Mr. Giuliani’s correction commissioner in the late 1990s. From there, he became police commissioner and later went to work in Iraq rebuilding the country’s police force.

Then came the failed Homeland Security nomination. Democrats who opposed the nomination focused on Mr. Kerik’s recent windfall from exercising stock options in a stun-gun company that did business with the department. His take: $6.2 million.

Days after President Bush introduced Mr. Kerik as his nominee, Mr. Kerik announced he was withdrawing his name because of tax issues involving his former nanny.


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