The U.S. Attorney's office concluded that James would likely not face any additional prison time if on top of the sentence he faces for an earlier conviction in a real estate scam.

James was found guilty last month of helping his former mistress buy cheap city-owned houses so that she could flip them for a profit. He faces nearly six years in prison.

The Star-Ledger newspaper in Newark, N.J., said prosecutors reserved the right to refile the credit card charges should the fraud conviction be overturned. James was accused of running up about $58,000 in personal charges on his city credit card.