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Former Pa. solicitor awaits competency ruling\

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SCRANTON (AP) – It’s up to a federal judge to decide whether a former northeastern Pennsylvania lawyer and school district solicitor is competent to stand trial for his alleged role in a fraudulent investment scheme.

Seventy-eight-year-old Anthony Lupas of Wilkes-Barre faces dozens of charges including mail fraud and conspiracy.

WNEP-TV said the judge at Lupas’ hearing in Scranton on Friday closely watched the defendant in court. Lupas fell asleep and seemed unaware of his surroundings.

Prosecutors are trying to prove Lupas understands the charges against him, even though he’s diagnosed with Alzheimer’s disease.

Lupas’ family and caregivers say he’s in a nursing home and is delusional.

Former clients who are suing Lupas allege that he stole millions of dollars. He served as solicitor for the Wilkes-Barre Area School District for decades.

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