WICHITA, Kan. (AP) — A federal judge will hear arguments on whether to dismiss the bulk of a wide-ranging indictment accusing a former Kansas insurance agent with stealing nearly $2 million from policyholders.

U.S. District Judge J. Thomas Marten on Tuesday set a July 28 date for a hearing in the case of Jason Matthew Pennington.

His attorney wants the court to throw out 38 counts related to one of the alleged victims, Marlene Brown, a Wichita teacher and philanthropist who died in 2009.

Defense attorney Kari Schmidt argued in a court filing that her client was the actual owner of the property and money at issue in the indictment.

Pennington’s father, James L. Pennington, pleaded guilty to one count of filing a false tax return. The elder Pennington will be sentenced Oct. 6.