'Real Housewives' star Jen Shah's request to dismiss fraud case over Hulu documentary denied

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The Real Housewives of Salt Lake City” star Jen Shah just suffered a setback in court.

The reality TV star filed a motion to dismiss the fraud indictment against her, and a judge denied the motion Friday.

According to a court filing obtained by Fox News, U.S. District Judge Sidney H. Stein said Shah “contends that these measures are necessary in light of statements made by two supervisory special agents from Homeland Security Investigations” in the new Hulu documentary, “The Housewive & the Shah Shocker.”

However, the judge ruled there’s “no evidence whatsoever proffered to suggest that Shah’s right to a fair trial has been compromised or prejudiced in any respect.”

Jen Shah on "Watch What Happens Live."
(Bravo/NBCU Photo Bank via Getty Images)

“The agents’ statements themselves are set forth in full on pages two and three of the government’s responsive submission,” the judge pointed out. “Those statements are largely statements about telemarketing fraud overall, with general references to the lifestyles of the persons involved and a Homeland Security Investigation into telemarketing floors.”

Shah’s motion was denied in full.

In March, Shah and her assistant, Stuart Smith, were arrested for allegedly conspiring to commit wire fraud and laundering money in connection with a purported telemarketing scam. They were each charged with one count of conspiracy to commit wire fraud. They allegedly victimized 10 or more people over the age of 55. 

Fox News confirmed in November that Smith, 43, switched his plea to guilty after appearing before Stein. 

Jen Shah is a star on "The Real Housewives of Salt Lake City."
(Chad Kirkland/Bravo)

Prosecutors say Shah and Smith flaunted their lavish lifestyle to the public as a symbol of their “success,” which they claim is all a fraud. “In reality, they allegedly built their opulent lifestyle at the expense of vulnerable, often elderly, working-class people,” added New York Field Office of Homeland Security Investigations Special Agent-in-Charge Peter C. Fitzhugh.

“Jennifer Shah, who portrays herself as a wealthy and successful businessperson on ‘reality’ television, and Stuart Smith, who is portrayed as Shah’s ‘first assistant,’ allegedly generated and sold ‘lead lists’ of innocent individuals for other members of their scheme to repeatedly scam,” Manhattan U.S. Attorney Audrey Strauss alleged in a statement. 

The New York Police Department said the number of victims Shah and Smith have duped stand in the “hundreds,” adding that the alleged fraud had been perpetuated for nearly a decade, starting in 2012. 

Jen Shah tears up during the "Real Housewives" reunion.
(Heidi Gutman/Bravo/NBCU Photo Bank via Getty Images)

“These individuals allegedly targeted and defrauded hundreds of victims, but thanks to the hard work of the NYPD and our law enforcement partners, this illegal scheme was brought to an end,” NYPD Commissioner Dermot Shea said in the statement.

Smith’s sentencing is now set for March 3, and he was released on bail. Shah’s trial is scheduled to begin in March 2022. 

On Instagram, Shah thanked her followers for their support. “Y’all see who these ladies really are,” she wrote. “They have zero compassion for me and my family. It takes an evil person to take delight in what we’re going through. I’m [100%] innocent and I hope the ladies each learn a valuable lesson from this & stop judging others.”

Fox News’ Jessica Napoli contributed to this report.

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