Former NYPD commissioner sentenced to 4 years

WHITE PLAINS, N.Y. - Former New York City police Commissioner Bernard Kerik, who was hailed as a hero after the Sept. 11 terror attacks and nearly became chief of Homeland Security, was sentenced Thursday to 4 years in federal prison.

District Judge Stephen Robinson went well beyond federal sentencing guidelines, which suggested 27 to 33 months. He said the guidelines do not take into account "the almost operatic proportions of this case."

The judge said that after 9/11, Kerik "in many ways acted in the highest tradition of a public servant." But then, he added, "The fact that Mr. Kerik would use that event for personal gain and aggrandizement is a dark place in the soul for me."

U.S. Attorney Preet Bharara said, "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."

Kerik, a protégé of former Mayor Rudy Giuliani, pleaded guilty in November to eight felonies, including tax fraud and lying to the White House while being vetted for the Homeland Security post in 2004.

The judge said Kerik, 54, made "a conscious decision to essentially lie to the president of the United States to get a cabinet position."

Kerik told the judge he had "become a better person."

"I know I must be punished," he said before being sentenced. "I only ask that you allow me to return to my wife and two little girls as soon as possible." His daughters are 7 and 9 years old.

Kerik had been free on bond and under house arrest since pleading guilty. Thursday, the judge allowed him to return home while a prison is selected for him and to surrender voluntarily on May 17.

As Kerik left the courthouse Thursday for his home in Franklin Lakes, N.J., he read a statement apologizing to the nation and hoping that history will judge him "for 30 years of service I've given to the country and the city of New York."

Kerik in November was ordered to pay $188,000 in restitution and to pay past-due taxes and penalties on six years of tax returns. Prosecutor Michael Bosworth said in court that Kerik had yet to pay anything. Defense lawyer Michael Bachner said Kerik was working "diligently" with a CPA and would comply.

Kerik supporters sent dozens of letters to the judge praising his bravery and kindness and urging a lenient sentence. Giuliani, who was a prospective presidential candidate when Kerik was indicted in 2007, was not among them. His spokeswoman did not immediately return a call seeking comment.