Newswatch 16 has learned federal prosecutors are seeking to dismiss charges against Anthony Lupas, who is accused of scamming investors out of millions of dollars.
According to court papers, U. S. Attorney Peter Smith is asking a judge to dismiss the case due to Lupas' deteriorating health after a medical examination.
Last year a judge ruled Lupas, who is in his late 70s, was not mentally competent to stand trial.
On January 7, Lupas was committed to the mental health unit in a federal corrections facility in North Carolina.