Stuart Wofff, the former CEO of real estate portal Homestore (now Move.com), was supposed to be heading to jail after he was found guilty of an accounting scandal and sentenced to 15 years in the big house.

But his conviction was overturned at the end of last year when a three judge panel ruled that U.S. District Court Judge Percy Anderson should have disqualified him from presiding over the case due to a financial interest the judge had in America Online, one of the alleged participants in Homestore’s “roundtrip” advertising deals. Of the 23 transactions Homestore initiated, 17 allegedly involved AOL.

Wolff was convicted on 18 counts in June 2006, sentenced to 15 years in prison and three years of supervised release, and ordered to pay a $5 million fine and an additional $8.6 million to shareholders who’d lost money by the fraud.

Wolff isn’t staying home anytime soon, though. A hearing has been set for February 12 to determine a new trial date and the case has been reassigned to Judge Gary A. Feess.

The trial will now start essentially from scratch. But all of the Homestore employees who pled guilty in connection with the case are expected to testify against Wolff again. Those include former Homestore executive vice president of business development Peter Tafeen, former COO John Giesecke and former CFO Joseph Shew. All of them have already been to prison, served time and been released.

Wolff is not allowed to travel outside of California and has a bond set at $2 million, secured by a lien on his home. Kind of ironic for the former high flying head of a real estate firm.

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