AUSTIN (KXAN) — Both sides are apparently considering a plea agreement in the federal criminal case of real estate developer Nate Paul, who faces a dozen counts of bank and wire fraud, according to discussions in the courtroom Wednesday morning. The idea of a plea deal popped up after both sides made arguments on the defense’s motion to dismiss the charges. Neither Paul’s defense team nor U.S. attorneys have spoken openly of a possible plea agreement in the case. Following a discussion in U.S. District Judge David Ezra’s chambers, the defense and prosecution returned to the open courtroom and began informally talking about next steps for the case with a court clerk. Ezra and other court personnel were not present. At that point, the clerk clearly and openly said both sides were “simultaneously talking about a plea agreement.” Nothing further was said on the subject. Paul, 37, has pleaded not guilty to all charges. Last February, when KXAN asked Paul’s attorney E.G. Morris if the defense was considering a plea deal, Morris responded bluntly: “this case is going to trial.” Paul’s attorney Simon Latcovitch was asked outside the courtroom whether a plea agreement was on the table, but he declined to comment. KXAN reached out to several of Paul’s attorneys via email about what was said in the courtroom, and they have not responded. We will update this story if they do. Trial date extension denied Ezra on Wednesday denied a joint motion for continuance sought by both sides to push the trial from February to April. Ezra said the case has been continued an “extraordinary” number of times. “This case has gone on way too long,” Ezra said. “There has to be a point where the court puts its foot down.” The original trial date was set for Aug. 14, 2023. It has been reset three times since then. In motions to extend the trial date, both sides have asked for more time to analyze a mountain of electronic documents. Paul’s attorneys have said the electronic discovery records include millions of pages. Charges against Paul Paul was initially charged in June 2023 with eight counts of bank fraud alleging he made false statements to lending institutions to obtain $172 million in loans. Federal prosecutors added four more counts in a superseding indictment that November alleging he committed wire fraud against private investors in limited partnerships, court records show. Each of the four wire fraud charges could carry up to 20 years in prison and $250,000 in fines. The eight bank fraud counts have maximum sentences of 30 years each and $1 million fines. The federal charges relate to his work as head of the real estate company World Class, which used numerous companies to manage a vast real estate portfolio. A civil case involving World Class companies and a charitable foundation was intertwined in allegations of abuse of office against Texas Attorney General Ken Paxton that were central to Paxton’s impeachment. Paxton was acquitted on all articles of impeachment against him in 2023. Motions to dismiss and sever In the motion to dismiss Paul argues prosecutors did not allege all the elements of the charges against him in the indictment – namely that he acted willfully. “Willfulness is an essential element of each of these offenses, but these counts fail to allege that Mr. Paul acted ‘willfully,’” according to the motion to dismiss filed in October. Government prosecutors responded that all 12 of the counts were adequately charged and the motion to dismiss should be denied. Paul’s motion to sever, filed the same day as the motion to dismiss, asks the court to separate the wire and bank fraud counts. The counts should be split because they are not of a similar character, transaction or scheme, and they could lead to prejudice against Paul, according to his motion. In their response, the government said the bank and fraud counts are properly joined because they are part of a common scheme or plan and share similar character. “The purpose of the defendant’s deception is the same in every instance: financing the growth of the defendant’s real estate business and holdings through deception,” according to the government's response. “The character of the defendant’s misrepresentations is similar across all of the charges.”