Frank Spinosa, a former TD Bank executive accused of being ex-attorney Scott Rothstein’s most helpful banker in his $1.2 billion Ponzi scheme, has agreed to plead guilty to fraud conspiracy and would face up to five years in federal prison.

The plea bargain reached Monday with federal prosecutors came about two weeks before Spinosa was set for trial before U.S. District Judge Beth Bloom. The plea change is set for Oct. 8.