Almost two years after he received a pardon from then-President Donald Trump in a federal fraud case, Steve Bannon is expected to face state indictment in New York.

In a statement first shared with NBC News on Tuesday night, Bannon said New York “has now decided to pursue phony charges against me 60 days before the midterm election.”

NBC News has asked the Manhattan district attorney's office for comment.

The district attorney’s office last year opened an investigation into Bannon in connection with his role in a charity that was supposed to use private funds to build the U.S.-Mexico border wall, NBC News reported in February 2021.

The previous year, Bannon was indicted with three other people on charges of taking money donated to help build a wall along the southern border. Federal prosecutors alleged that Bannon’s “We Build the Wall” campaign, which raised more than $25 million, defrauded hundreds of thousands of donors who contributed to an effort to build a wall along the U.S.-Mexico border, one of Trump’s key campaign promises.