Spiros Anthony, an Arlington lawyer who was indicted in 1979 on a charge of embezzling $40,500 from a client and subsequently left the country for his native Cyprus, has returned voluntarily to the United States, according to Arlington prosecutors.

Anthony, 43, surrendered to FBI agents at Dulles Airport Sunday, prosecutors said. His trial is scheduled Oct. 8 in Arlington Circuit Court.

A charge of unlawful flight to avoid prosecution was dismissed Monday.

Investigators said the embezzlement charge stems from a real estate settlement that Anthony handled for a client, Emanuel Kourtis. They said that Anthony left the United States about the time of the indictment, taking his wife and two children with him.

A warrant issued several days after Anthony's indictment in April 1979 was never delivered to him, prosecutors said.

Anthony was released Tuesday on a $15,000 surety bond. Reached by telephone yesterday at his Alexandria home, he declined comment and referred questions to his attorney, Harold Miller.

"He was not aware of the charge when he left. He did not leave to avoid that charge," Miller said.

He said Anthony had returned from Cyprus "absolutely voluntarily and with full communication with all authorities. He's basically come back to be near his family."