It’s my understanding that EDVA already had a bank fraud case against Manafort that was prior to the SC formation. I’ll try to find a link.
Ellis suggested that if he ruled in Manafort's favor, the case could simply be returned to the U.S. Attorney's Office for the Eastern District of Virginia. It is precisely because the probe into Manafort's financial dealings began years ago with federal prosecutors in that office, Manafort's defense attorneys argued, ...
I don't think Manfort had been indicted within that pre-existing probe.
U.S. judge questions special counsel's powers in Manafort case
"I don't see what relationship this indictment has with anything the special counsel is authorized to investigate," U.S. District Judge T.S. Ellis III in the Eastern District of Virginia said. ...None of the charges relate, however, to Trump's 2016 presidential campaign or possible collusion with Russia. Trump has denied any collusion.
Manafort's attorney Kevin Downing has argued that the charges must dismissed because the FBI investigation dates back to 2014, and therefore did not arise from Mueller's probe. ...
The federal judge in Washington, Amy Berman Jackson, has not yet ruled on the request to dismiss that indictment.