MADRID (AP) — A Spanish court has ruled that one of two brothers charged with perpetrating an art swindle valued at $33 million should not be extradited for trial in the United States.

Spain's National Court cited health reasons for deciding to halt the extradition of Jose Bergantinos Diaz, 60, who was arrested in April 2014 on a warrant issued by a New York district court. He is wanted, along with his brother Jesus Bergantinos Diaz, for passing-off fake art as the work of renowned painters such as Jackson Pollock and Mark Rothko . The court has already ruled that Jesus Bergantinos Diaz can be extradited.

The Bergantinos Diaz brothers are charged in the U.S. alongside Pei Shen Qian, the Chinese artist who allegedly painted the works in New York then fled to China.