Bail for Bernie Kerik was revoked today by a federal judge for contempt after finding that the former NYC police commissioner "could not be trusted to honor a consent order prohibiting him from revealing confidential information" as reported by Stacey Stowe for the New York Times:
The judge cited an email that Mr. Kerik sent to the head of his defense fund that apparently included such information. * * * Before revoking the bail of Mr. Kerik, Judge Robinson described him as a "toxic combination of self-minded focus and arrogance, and I fear that combination leads him to believe his ends justify his means." "He sees the court's rulings as an inconvenience," Judge Robinson said, "something to be ignored, and an obstacle to be circumvented." * * * During a hearing last month, Judge Robinson criticized Mr. Kerik and his lawyers for what he said were various offenses committed by a lawyer who heads Mr. Kerik's legal defense fund. The judge said the lawyer, Anthony K. Modafferi, sent e-mail messages to him and to The Washington Times that defamed government prosecutors. Mr. Modafferi violated a consent order because in some of his e-mail messages, he leaked information that indicated he was privy to sealed court papers, Judge Robinson said at last month's hearing. The judge then ordered Mr. Kerik to file an affidavit detailing his legal arrangement with Mr. Modafferi, whom the judge said may end up being called to testify in documents or in court. The judge now believes that Mr. Kerik sent Mr. Modafferi an email containing the information that the lawyer then passed along. It was that email that apparently violated the consent decree, causing Mr. Kerik to be jailed.
At today's hearing "Assistant U.S. Attorney Perry Carbone revealed that Kerik's supporters were posting on the Web distorted information designed to 'try to taint the jury pool'" as reported by Robert Gearty and Greg B. Smith for the Daily News:
In June, the judge learned that a nonpracticing lawyer affiliated with Kerik was speaking with witnesses. Kerik acknowledged having retained the man for $1, and Robinson warned it better not happen again. In recent weeks, prosecutors discovered that Modafferi wrote anti-prosecution screeds on a Web site linked to Kerik's defense fund site. They said Kerik was also using Twitter to refer supporters to Modafferi's site. In one entry the judge quoted, Modafferi wrote, "In a heavy-handed attempt the government gave Kerik an ultimatum, plead or the government will do everything in its power to destroy Kerik and his family." The judge also cited an affidavit in which Kerik admitted sending Modafferi's a defense motion that included material that was not public. Modafferi then sent an e-mail to The Washington Times about some of the material. The Times did not publish it. In court, defense lawyer Michael Bachner called the e-mail "regrettable," but insisted Kerik was not intentionally trying to "circumvent an order of the court."
The Daily News further reports that Kerik is "set to go on trial next week on charges of accepting apartment renovations from a mob-linked contractor seeking a city license." Kerik also faces "a second trial on tax charges, and a third that claims he lied to White House officials vetting him for the position of Homeland Security chief" as reported by Jim Fitzgerald for The Associated Press.
In 2006 Kerik pleaded guilty "to two misdemeanor charges as the result of accepting tens of thousands of dollars of gifts and a loan while he was a city official in the late 1990's," and "was sentenced to a total of $221,000 in fines" as then reported by William K. Rashbaum and John Holusha for the New York Times:
Speaking in a quiet voice, Mr. Kerik admitted that he had accepted renovations to his Bronx apartment from a company he believed to be "clean." * * * Outside the court, Mr. Kerik said he should have been more "focused and sophisticated" in dealing with contractors who worked on his Bronx apartment. * * * Mr. Kerik accepted the subsidized work on his Bronx apartment in the late 1990's, while he was correction commissioner under Mayor Rudolph W. Giuliani, according to investigators. Investigators said Mr. Kerik paid about $30,000 for renovations worth about $200,000, a violation of the city's administrative code. The work was performed by an affiliate of a construction company that the city has accused of having ties to organized crime. The company, Interstate Industrial Corporation, had sought Mr. Kerik's assistance in obtaining a license from the city to operate a construction debris transfer station and held meetings in Mr. Kerik's office. The license was ultimately not granted. One of Mr. Kerik's pleas was for accepting the gift of the subsidized remodeling. The other was for failing to report a loan of $29,000 from a friend for a down payment on the apartment.
