A New York judge is refusing to delay a fraud trial of Bernard Madoff’s associates despite defense claims that the government has created an inflammatory indictment that dramatically changes the case.

U.S. District Judge Laura Taylor Swain says the trial will proceed as scheduled Oct. 7.

Prosecutors say the defendants should have known Madoff had fooled them into helping him carry out a multi-decade, multibillion-dollar fraud.

Defense lawyers seeking a delay say a recast indictment last week forced them to rethink their strategy. The defendants pleaded not guilty to it Friday.

Attorney Larry Krantz says the government’s overall allegations are the same but the indictment has been rewritten to say some defendants were told to commit fraud.

Madoff pleaded guilty in 2009 and is serving a 150-year sentence.

(AP)