Tax-evasion trial scheduled for Bound Brook café owner

Five years after the investigation began, a Bound Brook restaurateur, his half-brother and his business will be tried next year for tax evasion, a judge decided yesterday.

Rafael Rosario, 48, who owns Café Imperial, first drew the attention of authorities when he was accused in 2004 of dodging a raid by the state Division of Alcoholic Beverage Control, with help from then-police Chief Kenneth Henderson. A subsequent investigation led to the tax charges against Rosario, Café Imperial and Rosario's half-brother, Rafael Amaro, 56, of Edison.

Jury selection will begin Feb. 17, and opening statements could start Feb. 22, Superior Court Judge Robert Reed said.

Rosario and Amaro appeared in Somerville with their respective lawyers, Steven Lieberman and Robert Wilson. James Wronko appeared for the corporation.

Rosario and Café Imperial will face a second trial for conspiracy and official misconduct stemming from an Oct. 17, 2004, incident when Henderson allegedly tipped Rosario to the pending raid. Henderson, 50, accused of official misconduct and other offenses, will go to trial after the others.

In November 2004, an auditor for the Division of Taxation was brought in to the investigation and discovered discrepancies between the business' reported revenue and state taxes remitted, authorities said.

The state has accused Rosario of failing to pay more than $100,000. Amaro, who served as Café Imperial's vice president, and the corporation were added as co-defendants in June 2007.

After yesterday's status conference, Lieberman said two tax experts came to the same conclusion, that there was no criminal wrongdoing. The alleged "discrepancy" in figures is something that would typically be handled in civil court, Lieberman and Wronko said.

Jennifer Golson may be reached at jgolson@starledger.com.