STATE OF NEW JERSEY VS. REHAN ZUBERI (13-08-0140 AND 15-05-0453, BERGEN AND MORRIS COUNTIES AND STATEWIDE) (CONSOLIDATED)


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NOS. A-0724-17T1 A-4002-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. REHAN ZUBERI, a/k/a RAY Z and RAY ZUBERI, Defendant-Appellant. Argued September 12, 2019 – Decided November 8, 2019 Before Judges Alvarez, Nugent and Suter. On appeal from the Superior Court of New Jersey, Law Division, Morris County, Indictment No. 15-05-0453 and Bergen County, Indictment No. 13-08-0140. Adam W. Toraya argued the cause for appellant. Sarah D. Brigham, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Sarah D. Brigham, of counsel and on the briefs). PER CURIAM Defendant Rehan Zuberi appeals two judgments of conviction (JOC), one entered on September 6, 2017, in Morris County and the other on January 26, 2018, in Bergen County. Defendant entered guilty pleas and was sentenced accordingly. We consolidate the matters for decision and affirm. Defendant's prior court history consists of a 1995 arrest for theft of services, N.J.S.A. 2C:20-8(a), criminal attempt, N.J.S.A. 2C:5-1, and a charge described in the presentence report as "medical assistance benefits, N.J.S.A. 30:4D-17." In 1997, defendant was convicted of second-degree theft by deception, N.J.S.A. 2C:20-4, and second-degree money laundering, N.J.S.A. 2C:21-25. Those convictions related to Medicaid fraud, leading to defendant's lifetime ban from owning or operating medical facilities. Defendant's wrongdoing in Morris County arises partially from that ban. He concealed his ownership and management control of various medical imaging centers behind others, including his wife, family members, and friends. Defendant's criminal enterprise, and multiple medical imaging centers earned millions of dollars in illegal profits. Defendant also engaged in medical kickbacks, bribing dozens of doctors in exchange for patient referrals to his imaging centers. In Bergen County, defendant was paid on a false insurance claim for magnetic resonance imaging equipment. A-0724-17T1 2 Defendant, along with twenty-two others, was originally charged in Morris County with multiple offenses: 1 racketeering, N.J.S.A. 2C:41-2(a) (count one); first-degree financial facilitation, N.J.S.A. 2C:21-25(c) (count two); commercial bribery, N.J.S.A. 2C:21-10(c) (count three); deceptive business practices by making a false or misleading written statement, N.J.S.A. 2C:21-7(h) (count four); violating a state medical assistance program, N.J.S.A. 30:4D-17 (count five); misconduct by a corporate official for operating a corporation to further and promote a criminal objective, N.J.S.A. 2C:21-9(c) (count six); failure to file a state tax return with intent to defraud the State, N.J.S.A. 54:52-8 (count seven); and failure to pay income taxes, N.J.S.A. 54:52- 9 (count eight). In Bergen County, defendant was indicted for second-degree conspiracy to commit forgery, N.J.S.A. 2C:5-2 and 2C:21-1 (count one); second-degree insurance fraud, N.J.S.A. 2C:2-6 and 2C:21-4.6(b) (counts two and six); second- degree theft by deception, N.J.S.A. 2C:2-6 and 2C:20-4 (counts three and seven); and fourth-degree forgery, N.J.S.A. 2C:2-6 and 2C:21-1(a)(2) (counts ...

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