The lawyers representing former Dewey & LeBoeuf executive director Stephen DiCarmine and former chief financial officer Joel Sanders filed documents Friday urging Acting Supreme Court Justice Robert Stolz to dismiss charges against the defendants.

DiCarmine and Sanders are scheduled to face a retrial after a roughly six-month case ended in mistrial in October. They were accused, along with former Dewey chairman Steven Davis, of orchestrating a scheme to steal from the law firm's investors in the follow-up to its 2012 collapse and bankruptcy.

On Jan. 8, Davis entered into a five-year deferred prosecution agreement, which precludes him from practicing law in New York. If he follows the terms of his agreement with the Manhattan District Attorney's Office, it will drop the charges against him.