U.S. prosecutors moved on Friday to dismiss charges against two of four FBI employees accused of lying about use of performance-enhancing drugs, including steroids and human growth hormones.

The U.S. Attorney for the District of Columbia Ronald Machen filed to dismiss the false statement charges against FBI agents Matthew and Katia Litton, a married couple, but he sought permission to refile charges if necessary.

A spokesman for Machen declined to comment on the reason for the dismissal because he said it remains an ongoing investigation. Prosecutors had said they spent $17,000 on the drugs since 2006.

A lawyer for Matthew Litton declined to comment while an attorney for Katia Litton could not be immediately reached. The dismissals were filed in U.S. District Court for the District of Columbia.

In September, U.S. prosecutors charged the Littons and two other agency employees with lying on forms used to assess fitness for duty by omitting that they had conditions requiring the drugs and that they had taken them.

FBI policy prohibits the use of anabolic steroids, and while they are not illegal, they are banned from many sports although many athletes have used them to build muscle quickly to enhance performance.

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