A Bergen County Superior Court judge ruled that the state must turn over financial records related to a doctor who has already pleaded guilty to criminal activity in their bribery case against West New York Mayor Felix Roque.
According to Judge Christopher Kazlau, Roque and the state Attorney General’s Office agreed on September 28, 2015 to turn over banking records in their custody “owned or controlled by Rehan ‘Ray’ Zuberi,” the former owner of Diagnostic Imaging Affiliates.
In June 2015, an indictment charged Roque with participating in a $250,000 kickback scheme by referring patients to medical imaging centers owned by Zuberi.
However, the state did not want to disclose the currency transaction reports (reserved for business over $10,000) and suspicious activity reports related to DIA and/or Zuberi.
On November 16, 2015, Judge Edward Jerejian ordered the state to turn over all relevant CTR and SAR reports, but the state asked the court to reconsider the matter.
After citing pertinent case law, Kazlau ruled that the state had not provided a legally sound argument to have the matter reconsidered.
“The state has not identified something that the judge may have overlooked or erroneously interpreted … and is merely making, in more detail, it’s original argument,” Kazlau said.
“Therefore, this court agrees that the state has failed to put forth any legitimate reason for the court to reconsider the prior decision … and as such, the motion for reconsideration is denied.”
As of today, defense counsel and the state agreed that Roque’s trial will still commence on November 29.
Christopher Adams and John MacDonald, Roque’s attorneys in the matter, declined to comment on the hearing, while a spokeswoman from the AG’s office said they would not challenge the ruling.
Department of Public Works Superintendent Silvio Acosta, former Commissioner Ruben Vargas, Police Director Robert Antolos and political operative Manny Diaz were all present at the hearing.