TACOMA, Wash. (AP) — Former state Auditor Troy Kelly has gained court approval to travel to South Korea as a member of the Washington National Guard awaits a trial on tax-related charges.

The News Tribune reports Kelley, a lieutenant colonel and lawyer in the National Guard, is scheduled to leave Tuesday for Osan Air Base, and return Feb. 14.

The trip is an annual temporary assignment for Kelley although he didn't go in 2015 after he was indicted and officials say Kelley didn't go in 2016.

Kelley was accused of keeping $3 million he should have refunded to customers of his former real-estate services business about a decade ago.

Kelley's first trial ended in an acquittal on one count of lying to an Internal Revenue Service agent. The jury was unable to reach a verdict on other counts.

His retrial is scheduled for March.

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