A federal decide in California has agreed to permit former Reynolds and Reynolds Co. CEO Bob Brockman to face prices of tax evasion and wire fraud nearer to his residence in Houston.

In an order issued Monday, U.S. District Choose William Alsup granted a movement Brockman’s attorneys filed in November to transfer the government’s case against him to the U.S. District Court docket for the Southern District of Texas. Alsup stated a number of components, together with Brockman’s residence and medical situations, favored transferring the case out of the U.S. District Court docket for the Northern District of California, the place Brockman was indicted in October.

It was not instantly clear Monday what the decide’s order means for an upcoming listening to on Brockman’s legal professionals’ movement in search of a competency listening to, scheduled for Jan. 12 earlier than Alsup. A authorities spokesman and Brockman’s attorneys couldn’t instantly be reached for remark.

Alsup wrote that transferring the case is warranted primarily based on a take a look at of a number of components, together with the defendant’s location, the placement of witnesses and different issues. He wrote that the placement of attainable witnesses and alleged occasions associated to the case is both impartial or barely favorable to preserving the case in California.

However different components — specifically, Brockman’s declining well being and U.S. Division of Justice coverage that goals to prosecute felony tax circumstances the place a taxpayer lives or works for “essentially the most vital deterrent impact” — make Houston essentially the most applicable place to pursue this case, Alsup wrote.

He added that transferring the case as an entire would “higher serve the pursuits of justice” than individually transferring prices that Brockman did not file required international checking account reviews for a number of years beginning in 2013. Brockman’s attorneys contended the California court docket was not the right venue for these prices.

“It will equally defeat the ends of justice to strive the entire case right here solely to have our court docket of appeals vacate these counts for a retrial. For the explanations said above, such a reversal can be a practical state of affairs ought to the case stay right here,” Alsup wrote. “Given Brockman’s age and questionable well being, we don’t have the posh to do this case twice. Within the pursuits of justice, it ought to be tried the place venue is certainly correct and that’s the place of his residence.”

Brockman faces 39 counts, together with tax evasion, wire fraud, cash laundering and proof tampering. He has pleaded not responsible. In November, Brockman stepped down from his roles as chairman and CEO of the privately held dealership administration system big. He was succeeded by Tommy Barras, who had been promoted to president and COO in June.

Brockman’s attorneys filed a movement in December in search of a competency listening to to find out whether or not he can help in his protection. His legal professionals cited a analysis indicative of Parkinson’s disease or Lewy body dementia that is progressive and has impeded his capability to course of and retain data, based on court docket filings.

Prosecutors argued in response that whereas they agree a competency listening to is warranted, Brockman’s continuation within the high position at Reynolds after his analysis — and till after he was formally charged — raises skepticism about claims that he is unable to aid in his defense.