Disgraced former NYPD Commissioner Bernie Kerik and his lawyer are staring at possible contempt-of-court criminal charges for violating a judge’s order, according to shocking new filings.
Assistant US attorneys Elliott Jacobson and Perry Carbone fired off a scathing five-page letter Tuesday to Manhattan federal Chief Judge Loretta Preska asking her to schedule a conference to decide whether Kerik and lawyer Tim Parlatore violated a 2008 order by allegedly using information in confidential, sealed government documents to juice up Kerik’s malpractice lawsuit against celebrity lawyer Joe Tacopina. If Preska sides with the feds, Kerik and Parlatore would face jail, fines and other penalties.
Both prosecutors are questioning whether Kerik and Parlatore – while trying to make the suit against Tacopina more salacious — relied on the sealed records related to Kerik’s 2009 sentencing on federal tax-fraud charges and lying to the White House during his failed vetting for Homeland Security chief. Kerik spent three years in the slammer after copping a plea to those crimes.
“We are not a party to, nor do we take a position in, the ongoing civil litigation between Mr. Kerik and Mr. Tacopina,” the prosecutors wrote.
“We do, however, have an independent interest in ensuring that protective orders issued in criminal cases prosecuted by this office are complied with.”
The prosecutors also allege that Parlatore blundered in an earlier court filing by admitting he used the “protected materials” to amend the suit three weeks ago.
Parlatore, however, called the prosecutors’ allegations “outrageous and self-serving” and alleged they convinced Tacopina — Kerik’s former buddy and lawyer – to become a government witness against the disgraced ex-top cop in 2007.
He also contended that the amended lawsuit’s allegations against Tacopina – which include new racketeering claims — were “independently obtained through multiple sources” and not via the sealed documents.
However, he admits the sources are second-hand. He told The Post they’re people who spoke to federal prosecutors and agents who previously met with Tacopina about Kerik years ago.
The prosecutors’ letter to Preska comes two days after Parlatore asked the US Department of Justice to investigate their “conduct,” alleging it’s aimed at trying to “impede” the Tacopina suit.
Tacopina and his lawyer Judd Burstein declined comment. However, they have vehemently denied the suit’s allegations.
Days after being sued, Tacopina in January slapped Kerik with a defamation suit in Manhattan federal court claiming Kerik fed outrageous “lies” about him to the Daily News for a December “hit piece.”
Tacopina’s long list of A-list clients include shamed Yankees slugger Alex Rodriguez, whom he recently represented in a failed bid to get A-Rod’s Major League Baseball doping ban overturned.