Judge rejects former deputy George Santos’ request to dismiss some charges before fraud trial

NEW YORK — Former US Representative Jorge Santos on Friday lost a bid to dismiss part of the criminal case against him as he heads to trial on charges that include defrauding campaign donors.

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

Prosecutors and Santos’ lawyers declined to comment.

Prosecutors accused Santos of a series of crimes — among them lying to Congress about his wealth, receiving unemployment benefits while actually working and using campaign contributions to pay for personal expenses such as designer clothes. He declared himself innocent to a revised indictment in October.

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

Santos’ lawyers argued in court filings that the aggravated identity theft charges were invalid because, in the defense’s opinion, the allegations amounted only to excessive charges on credit card accounts that were voluntarily provided to him.

Prosecutors disputed that argument. They said in court filings that Santos not only “used” the credit card information, but “abused it, with the specific intent to defraud,” in order to make his campaign coffers appear fuller.

The theft of public funds charge is related to alleged unemployment fraud.

Santos’ lawyers said the indictment improperly combined several alleged criminal schemes and transactions. Courts have said in other cases that such a combination is not permitted for several reasons, including the possibility that jurors could convict on the charge while finding the defendant guilty of only part of it.

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

The former member of Congress will be tried in September in Central Islip, on Long Island, New York.

In April, he withdrew your remote offer return to Congress as an independent in New York’s 1st Congressional District on Long Island.