Judge turns down ex-Rep. George Santos’ request to nix some charges ahead of fraud trial

NEW YORK (AP) — Former U.S. Rep. George Santos on Friday lost a bid to get rid of part of the criminal case against him as he heads toward trial on charges that include defrauding campaign donors.

U.S. District Joanna Seybert turned down Santos’ request to dismiss charges of aggravated identity theft and theft of public money — in all, three of the 23 charges against the New York Republican.

Prosecutors and Santos’ lawyers declined to comment.

Prosecutors have accused Santos of a range of crimes — among them lying to Congress about his wealth, collecting unemployment benefits while actually working, and using campaign contributions to pay for such personal expenses as designer clothing. He pleaded not guilty to a revised indictment in October.

The aggravated identity theft charges pertain to allegations that Santos used campaign donors’ credit card information to make repeated contributions they hadn’t authorized. Prosecutors say he also tried to hide the true source of the money — and evade campaign contribution limits — by listing the donations as coming from some of his relatives and associates, without their assent.

Santos’ lawyers argued in court filings that the aggravated identity theft charges were invalid because, in the defense’s view, the allegations amounted only to overcharging credit card accounts that had been willingly provided to him.

RELATED COVERAGE Judge agrees to let George Santos summer in the Poconos while criminal case looms Prosecutors ask judge to deny George Santos’ bid to have some fraud charges dropped George Santos ends comeback bid for Congress after raising no money

Prosecutors disputed that argument. They said in filings that Santos hadn’t just “used” the credit card information but “abused it, with specific intent to defraud” in order to make his campaign coffers look fuller.

The theft of public funds charge relates to the alleged unemployment fraud.

Santos’ lawyers said the charge improperly combined multiple alleged criminal schemes and transactions. Courts have said in other cases that such combination isn’t allowed for various reasons, including the possibility that jurors could convict on the charge while believing a defendant guilty of only part of it.

Prosecutors in Santos’ case said the theft of public funds charge against him alleges “a single continuing scheme.”

The former Congress member is slated to go on trial in September in Central Islip, on New York’s Long Island.

In April, he dropped his longshot bid to return to Congress as an independent in New York’s 1st Congressional District, on Long Island.