Former New York City police Commissioner Bernard Kerik, who has been free for months since pleading guilty to eight felonies, likely is heading back behind bars.
Kerik, who was hailed as a hero alongside former Mayor Rudy Giuliani after the Sept. 11 terror attacks and nearly became chief of the U.S. Department of Homeland Security, admitted in November that he lied to the White House, filed false taxes and committed other crimes.
Federal Judge Stephen Robinson told him that a prison term was “a mortal lock.” Sentencing was scheduled for Thursday morning in federal court in White Plains.
The prosecution and defense have agreed that federal guidelines indicate Kerik’s sentence should be between 27 and 33 months in prison. Kerik, 54, also could be fined, and he has already been ordered to pay $188,000 in restitution and to pay past-due taxes and penalties on six years of tax returns.
The judge warned Kerik he’s not bound by the prison time agreement. He noted the maximum sentence is 61 years.
On the other hand, the judge also told Kerik he would take into account his public service and other accomplishments.
“You’ve had a very full life,” the judge told Kerik. “There is much good in that full life, I believe.”
Just before pleading guilty, Kerik spent three weeks in the Westchester County Jail for releasing secret pretrial information. While there, he was voluntarily admitted to the psychiatric ward for observation because of stress. Doctors concluded he did not need mental care.
After admitting his crimes, Kerik was freed pending sentencing. He had to post a $1.5 million bond, wear an electronic monitor and generally stay inside his home in Franklin Lakes, N.J.
In presentencing memos to the judge, the defense and prosecution painted sharply different portraits of Kerik.
The defense spoke of his bleak upbringing, his steely leadership after the terror attacks, his remorse and the debt he has incurred to defend himself. It supplied letters of support from his son, fellow police officers, a priest and a man who lost two sons on Sept. 11.
There was no letter from Giuliani.
The prosecution memo said Kerik had “shamelessly exploited” the terror attack, had shamed his gold shield and might flee if he weren’t sent to prison right away.
Kerik was Giuliani’s police commissioner when New York City was attacked, and he was praised worldwide for his leadership. At Giuliani’s urging, he was nominated to the top Homeland Security post in 2004. It was the peak of his fast-rising career — as corruption allegations began to mount.
Kerik said in court that while being vetted for that position, he falsely denied that he had any financial dealings with anyone doing business with New York City. He said he also lied when he claimed he had specifically refused payments that were offered.
In truth, he said, he had accepted renovations of his Bronx apartment from a company seeking city work.
Those apartment renovations were the focus of the original corruption charge, which alleged that Kerik accepted the renovations in exchange for vouching for the company. Kerik did not admit that.