|
Bernard Kerik's legal nightmare is about to get worse, with federal
prosecutors expected to file charges against the former police
commissioner that will likely include allegations of bribery, tax fraud
and obstruction of justice, the Daily News has learned.
The indictment, expected next month, could prove to be an
embarrassing obstacle for Kerik's former mentor Rudy Giuliani, who is
cruising at the top of the polls heading into the presidential primary
gauntlet.
The bribery allegations against Kerik stem from a secret meeting at
a bar in Tribeca, according to two sources familiar with the federal
probe.
Kerik's lawyers recently agreed to waive the statute of limitations
on the tax charges until Nov. 17, which will allow them to make one
last plea to try to ease the pain.
Kerik will go to the Justice Department in Washington in the coming
weeks to try to get expected criminal tax charges reduced to civil
fines.
Meanwhile, witnesses have been appearing before a grand jury in White Plains, several sources said.
Last spring, Kerik turned down a deal to plead guilty to tax
charges. Since then, the probe has expanded to include other charges,
the sources said.
The indictment will have direct implications for Giuliani, the sources said.
For one, another Giuliani commissioner and a top inspector general
during Giuliani's years as mayor will be called as witnesses to
describe the secret meeting in Tribeca.
The Giuliani officials are Raymond Casey, former head of the Trade
Waste Commission, a city agency set up to keep the mob out of the
carting industry, and Michael Caruso, former inspector general with the
city Department of Investigation.
In July 1999, Casey and Caruso met with Kerik, then the city
Correction Department commissioner, at Walker's bar on North Moore St.,
court papers reveal.
At the time, Casey was investigating Interstate Industrial Corp., a
company that employed Kerik's brother Donald and the best man at
Kerik's wedding, Larry Ray.
An Interstate affiliate had applied to operate a waste transfer
station in Staten Island, and Casey was looking into allegations that
the firm had ties to the Gambino crime family.
During the meeting, both Interstate and Ray were discussed,
according to an affidavit filed in a civil suit by Caruso's lawyer,
Mark Freyberg.
Kerik has admitted that at the time Interstate was secretly paying
to renovate his Bronx apartment. Prosecutors are now expected to allege
that the free renovations amounted to Kerik accepting bribes, the
sources said.
In return for the renovations, the feds will allege, Kerik used his
city position to try to influence the city's probe of Interstate, the
sources said.
During the Walker's meeting, Kerik allegedly told Casey that he did
not see the allegations concerning Interstate's ties to the mob as
credible, according to a source familiar with the case.
Kerik noted that his brother worked for the company, and said, "If I
thought Interstate was mobbed up, do you think I'd let my brother work
there?" according to the source.
Kerik also urged Casey to complete his probe and either reject or
accept the application - but either way, to do it expeditiously, the
source said. Years later, the agency recommended denying Interstate the
license.
Kerik's lawyer Kenneth Breen did not return a call seeking comment.
Casey's lawyer and Perry Carbone, the prosecutor handling the case for
Manhattan U.S. Attorney Michael Garcia, also did not return calls.
Last year, Kerik pleaded guilty to two misdemeanor charges brought
by the Bronx district attorney in connection with receiving payments
totaling $165,000 from Interstate, but he was not charged with bribery.
The expected obstruction of justice charges from the feds are
related to Kerik's statements to Bronx prosecutors, the sources said.
The expected federal tax fraud charges are linked to Kerik's failure
to pay taxes on the income he received from Interstate, the sources
added.
Giuliani has extensive ties to Kerik, promoting him to correction
commissioner, then to police commissioner. Giuliani later also hired
him at his firm, Giuliani Partners, and recommended him to President
Bush for the job of Homeland Security secretary.
The relationship soured in December 2004 when Kerik withdrew from
consideration for the Homeland Security job and a torrent of
accusations of wrongdoing poured forth.
Giuliani has since admitted he had erred in pushing Kerik for the Homeland Security job.
"It was a mistake," Giuliani told CNN's Larry King in February. "I
think the answer is I made a mistake and I took responsibility for it."
Discuss this article on the forums. (0 posts)
|