ELMIRA, N.Y. (WENY) -- Tom Shen was back in Chemung County court on Friday where he turned down a plea agreement from the Tioga County District Attorney's office, which is handling the case. The Tioga County DA is taking the case because of a conflict of interest within the Chemung County District Attorney's office. 

Shen faces the charge of scheme to defraud in regards to the hotel under construction on Corning road in Horseheads. He's accused of accepting half a million dollars from a foreign investor in exchange for a green card. 

Under the plea offer, Shen would've had to pay John Tu $250,000. With a civil judgement for $250,000 also payable to Tu. As well as pay $900 to Lance LaCorazza, who was a former contractor for the hotel. If he had accepted the deal, the case would've been adjourned with contemplation of dismissal on a misdemeanor. 

Since Shen rejected the offer, he will now to go trial, and faces a maximum of four years in prison. Judge Richard Rich says Shen could also be deported.

WENY News spoke to Shen's attorney, Paul Barton, who believes this case is a civil matter. Barton went on to say the hotel is on track to be completed. 

As of right now, the case is set to start on the week of January 27th. Stick with WENY News as we continue to follow this story.