Jen Shah is arguing that the fraud charges against her should be dropped.
The Real Housewife Of Salt Lake City star, 48, has pled not guilty in a fraud case involving an alleged $5 million telemarketing scheme.
However she maintains that two special agents from the Department Of Homeland Security were so unduly open about the investigation in a Hulu documentary that the case should be dismissed altogether, TMZ reports citing court documents.
Fighting back: Jen Shah is arguing that the charges against her should be dropped in a fraud case involving an alleged $5 million telemarketing scheme
She contends that the special agents’ remarks – some of which her documents claim are ‘highly prejudicial’ – mean the jury pool is now tainted.
According to Shah, the presumption of innocence in her case has been shattered by the documentary and a fair trial has become impossible.
Jen is demanding that the federal authorities be court-ordered to disclose any further media opportunities they and the prosecutors may be pursuing about her.
Agents Rick Patel and Agnieszka Norman both granted interviews for The Housewife And The Shah, which premiered on Hulu this Monday.
Trying to shake it off: She claims two DHS special agents were so unduly open about the investigation in a Hulu documentary that the case should be dismissed altogether
The court documents accuse Agnieszka of intimating, in a ‘highly prejudicial’ move, that it was a narcotics smuggling investigation that led to Jen’s case.
Jen also took issue with Agnieszka’s comments about her supposedly using offshore accounts to conceal her finances, according to the website.
As far as Rick is concerned, the reality star’s court documents say he discussed particular matters connected to her arrest.
Jen’s position is that the special agents made disclosures of information that had previously not gone public with regards to the case.
Giving it a shot: Jen’s position is that the special agents made disclosures of information that had previously not gone public with regards to the case
The references to the alleged ‘fraudsters’ and their ‘lavish lifestyle’ were also brought up in Jen’s contention that her case should be thrown out.
As a result she believes the federal authorities should face sanctions, on top of her argument that her own trial should not move forward.
The news comes one day after her assistant was pictured for the first time since he flipped on her by changing his plea to guilty.
On Friday, Stuart Smith could be seen near his home in Utah holding papers and what appeared to be an open beer bottle while dressed down in casual clothes.
Letting them have it: She believes the federal authorities should face sanctions, on top of her argument that her own trial should not move forward
Jen has maintained her innocence in the fraud trial, and her assistant Stuart had initially plead not guilty over his alleged involvement in the scheme.
But last month it was revealed that Stuart, 43, has now altered his story, changing his plea to guilty during an appearance before Southern District of New York Judge Sidney H. Stein in November.
According to a report from PEOPLE at the time, Stuart has now been released on bail with his sentencing has been set for March 3.
Judge Stein stated that the maximum combined sentence for the three charges is 70 years in prison.
Embattled: According to her, the presumption of innocence in her case has been shattered by the documentary and a fair trial has become impossible
Per the report, he was arrested and charged in March with the following charges: one count of conspiracy to commit wire fraud in connection with telemarketing, one count of conspiracy to commit money laundering and one count of obstructing an official proceeding.
Court documents allege that he victimized 10 or more persons over the age of 55 in the elaborate scam.
According to PEOPLE, Smith read out a statement where he admitted to his crimes involving various telemarketing companies that he worked for or helped create between 2008 and 2021.
Woes: Jen – pictured on the Real Housewives of Salt Lake City – has always denied any knowledge of the alleged scheme
His statement began: ‘I knowingly and intentionally discussed and engaged with other individuals to develop a plan or operation to obtain money by false representation by offering and inducing individuals, many of whom were over 50 years of age or older, to provide money to entities that I and others were involved with.’
Smith continued saying that he ‘became aware that these telemarketing companies were misleading customers of those entities by selling individuals, many of them who were older than 50 years of age, information that purported to be services to enhance their business opportunities.’
He added: ‘The services sold were of no value and of no real benefit to the customer.’
In July, both Shah and Smith were placed by federal agents into a group of suspects with ‘greater culpability’ in the scheme.
Coming clean: Shah’s assistant (pictured above with her on the show) has admitted to knowingly defrauding elderly people in an elaborate telemarketing scam
TMZ reported at the time that the duo and four others were moved into the US Attorney’s ‘Tier A’ category for the alleged crimes targeting elderly people, accusing Shah of ‘orchestrating’ the scam.
This week, Shah said she spent around $50,000 a month in an audition tape for the Bravo series featured in the new Hulu documentary The Housewife & the Shah Shocker.
‘I probably spend at least 50 grand a month,’ Shah said in the clip, in which she opened up on the details of her luxe lifestyle, which included footage of her family traveling on a private jet.
‘We live in a gated community,’ Shah said. ‘There are like 20 pieces of luggage when we travel and like maybe 17 of them are mine.’
Pictured: RHOSLC star Jen Shah’s assistant Stuart Smith (above) has changed his plea to GUILTY in $5m telemarketing scam… and could now face 70 YEARS jail time