Jen Shah is still going to court.
On Friday, a federal judge denied her motion to dismiss the fraud chargesagainst her in light of the recent Hulu documentary about her ongoing legal problems. Last week, the 48-year-old Real Housewives of Salt Lake City star’s attorneys filed the motion claiming the documentary is “reprehensible” and will “severely jeopardize” her right to a fair trial.
“Dismissal of an indictment is an extreme sanction that is to be utilized only in the rare case,” Judge Sidney H. Stein wrote in an order filed in the U.S. District Court for the Southern District of New York and obtained by PEOPLE on Friday.
Stein said “there has been no evidence whatsoever proffered to suggest that Shah’s right to a fair trial has been compromised or prejudiced in any respect,” adding: “An appropriate voir dire of potential jurors will be able to determine if the jury pool has been tainted in any way by” the documentary.
An attorney for Shah did not immediately respond to PEOPLE’s request for comment.
In March, Shah and her assistant Stuart Smith were arrested and charged with one count of conspiracy to commit money laundering and one count of conspiracy to commit wire fraud in connection with telemarketing through which they allegedly victimized 10 or more persons over the age of 55.
The pair pleaded not guilty during an arraignment in April, but in late November, Smith, 43, changed his plea to guilty and awaits a sentencing hearing on March 3. He faces a maximum of 70 years in prison, the presiding judge said during the plea hearing.
Meanwhile, Shah has maintained her innocence.
We’ll have to see what happens with this — and how it affects her return to ‘RHOSLC’ for season 3.