Tobias' Wife Unlikely to Face Murder Charges

Scott Cohn, CNBC Senior Correspondent

Filomena Tobias, wife of the late hedge fund manager Seth Tobias, is unlikely to face any charges in the death of her husband and could be cleared as soon as this week, according to a reports in the Palm Beach Post that quoted a spokesman for the Palm Beach County State Attorney.

Police in Jupiter, Fla., had forwarded their case file to the State Attorney Barry Krischer's office for review, but the spokesman said the file included no allegation of a crime--an indication the police merely wanted a final review before closing the case, the report said.

Bill Ash, a former Internet psychic who claimed to be the Tobiases' assistant, has alleged for months that Filomena drugged and drowned her husband on Labor Day. But as CNBC first reported last week, Ash only made that claim after first demanding $25,000 from Filomena and being rebuffed.

Ash is now alleging a cover-up. He said there is a "mountain of evidence" that Filomena Tobias murdered her husband, and he is vowing to take the case "to a higher level."

In a lengthy statement emailed to the media Sunday afternoon, Ash said Filomena confessed to him on tape. "The public deserves the truth," he writes.

Tobias, a frequent CNBC guest and founder of Circle T Partners, drowned in his swimming pool on Labor Day, and reportedly had alcohol, cocaine and the sleeping medication Ambien in his system. He was 44 years old.

Tobias' four brothers have been trying to use Ash's story to block Filomena from receiving any of Seth's estimated $25 million estate. Under Florida law, she inherits all of it, unless the brothers can show she intentionally killed her husband.

The $87 million fund managed by Tobias is being liquidated, according to an attorney for the fund. Two other Circle-T funds run by other managers remain intact.