A hearing this week in federal court could determine whether the fraud case against developer Robert Morgan will be dismissed for a second time.
The hearing could take at least a week.
A judge will determine whether failures by prosecutors to turn over evidence to the defense were deliberate or unintentional.
A previous dismissal order allowed the government to bring a second indictment, but the defense is asking for the case to be tossed out for good.
Morgan was accused of defrauding banks by inflating the values of his holdings.