Former NYC Police Commissioner Bernard Kerik Sentenced in White Plains Federal Court to 48 Months in Prison

February 18, 2010 - PREET BHARARA, the United States Attorney for the Southern District of New York; JOSEPH M. DEMAREST, JR., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation ("FBI"); and PATRICIA J. HAYNES, the Special Agent-in-Charge of the New York Field Office, Criminal Investigation, Internal Revenue Service ("IRS"), announced today that BERNARD B. KERIK, the former Commissioner of the New York City Police Department and Department of Corrections, was sentenced today in White Plains federal court to 48 months in prison in connection with eight felonies. He was ordered to surrender on May 17, 2010.

KERIK was sentenced by United States District Judge STEPHEN C. ROBINSON in connection with the following federal crimes: one count of obstructing and impeding the due administration of the internal revenue laws from 1999 to 2007, one count of aiding in the preparation of a false tax return (for the 2000 tax year), one count of making a false statement on a loan application, and five counts of making false statements to the federal government. Two of the false statement counts relate to materially false statements that KERIK made to White House officials vetting him for the position of Secretary of the United States Department of Homeland Security.

At KERIK's plea hearing on November 5, 2009, he admitted, among other things, that in 1999 and 2000 he received substantial renovations to his Riverdale apartment through Interstate (a metropolitan area-contractor) and conceded that Interstate paid approximately $255,000 for the renovations. KERIK also admitted that around the same time, he contacted New York City regulators concerning Interstate, which at the time was seeking various approvals to do business in and/or with New York City. KERIK further admitted that he failed to report the value of the renovations he received through Interstate on his federal tax returns. And KERIK admitted that he made false statements to the White House concerning the renovations he received on his Riverdale apartment and his relationship with Interstate when he was being vetted for the position of Secretary of the United States Department of Homeland Security.

"It is a very sad day when the former Commissioner of the greatest police department in the world is sentenced to prison for base criminal conduct. Today's sentencing of Bernard Kerik is one of the most powerful recent reminders that no one in this country is above the law," said United States Attorney BHARARA.

Assistant FBI Director DEMAREST said, "The sentence imposed today reflects the gravity of Bernard Kerik’s crimes. By his own admission, Kerik committed serious felonies while heading the nation’s largest police department. Ethically, a high-level law enforcement official should be held to a higher standard of conduct than the general public. The legal standard is not as high, but it is iron-clad: No public official can behave as if he is above the law."

Special Agent in Charge HAYNES of the IRS, Criminal Investigation Division, said, "Today's sentencing emphasizes how the Internal Revenue Service continues to work with the FBI and U.S. Attorney's office to vigorously pursue those who use fraudulent methods in an attempt to corrupt our tax system. It is imperative that honest taxpayers know everyone will be held accountable to pay their fair share of taxes and that no one is above the tax laws."

KERIK, 54, was also sentenced to three years of supervised release and ordered to pay restitution in the amount of $187,931.

Mr. BHARARA praised the investigative work of the FBI and the IRS Criminal Investigation Division. Mr. BHARARA also thanked the New York City Department of Investigation, the Bronx District Attorney’s Office, the New Jersey Division of Gaming Enforcement, and the United States Attorney’s Office for the District of Columbia for their assistance.

Assistant United States Attorneys ELLIOTT B. JACOBSON, PERRY A. CARBONE, and MICHAEL S. BOSWORTH are in charge of the prosecution.