Kott's attorney, Sheryl Gordon McCloud, sought the evidentiary hearing, believing it could result in the case against Kott being tossed. In March, a three-judge panel overturned Kott's conviction and ordered a new trial after finding prosecutorial errors.
McCloud said it's now up to the government whether it plans to pursue the case; the clock on the decision began ticking Tuesday. A Justice Department spokeswoman did not immediately comment.
Kott's case stemmed from maneuverings around oil tax legislation in 2006. He was sentenced to six years in prison but released after prosecutors acknowledged failing to turn over evidence favorable to the defense.