Judge in 'Lady Trump' case strikes defense testimony

Michelle Fiore in 2013 as a Nevada state representative.

FILE – In a file photo dated Monday, June 3, 2013, Nevada Rep. Michelle Fiore, R-Las Vegas, works in committee on the final day of the 77th Legislative Session at the Legislative Building in Carson City, Nevada. Fiore spoke on Wednesday, February 3, 2013. 10, 2016, to some of the four residents of a national wildlife refuge in Oregon (AP Photo/Cathleen Allison, File).

A surprise deposition in a federal fax fraud trial was struck from the record this week after the judge overseeing the case appeared to be blindsided by the existence of an undisclosed immunity agreement.

In the case, Michele Fiore, 53, a former Las Vegas city councilwoman and state representative, former GOP gubernatorial candidate and suspended Pahrump Justice Court judge, is charged with four counts of wire fraud and one count of conspiracy, according to a 12-page federal indictment filed in late July was submitted, it is a case of wire fraud.

On Tuesday, Fiore's daughter Sheena Siegel testified for the defense in a way that prosecutors said could expose her to criminal liability – prompting U.S. District Court Judge Jennifer Dorsey to briefly pause proceedings to allow the witness to appear could hire their own lawyers.

The episode led to layers of mystery and error in the style of a Russian nesting doll. On Wednesday, Siegel's statement was completely stricken.

The case revolves around allegations that Fiore, while still an elected official in Sin City, promoted a memorial fund for a murdered police officer and then pocketed at least some of the proceeds.

In a supplemental indictment filed in late August, prosecutors describe the defendant's daughter as an unindicted “co-conspirator” who “received a portion of the fraudulent proceeds and, by receiving payments, served as a conduit to facilitate the means and methods of “To conceal Fiore’s fraud by companies controlled by Fiore and to spend those proceeds for the benefit of the conspirators.”

Siegel reportedly said during her testimony that she transferred a check from a PAC to her own personal account, according to a court report from Las Vegas-based CBS affiliate KLAS.

That's when the government stepped in with its warning – followed by Dorsey's suggestion that the witness seek counseling.

Once back on the witness stand, Siegel repeatedly pleaded the Fifth Amendment—effectively hindering the state's ability to cross-examine her.

The judge subsequently learned that prosecutors had granted Siegel a limited form of immunity to testify — which was allegedly violated by the testimony about money transfers, KLAS reported.

Later, Fiore's own defense attorney, Michael Sanft, said he knew about the immunity agreement – meaning the judge presiding over the case was the only major party kept in the dark about the deal.

When Siegel returned to the witness stand on Wednesday, she once again consistently invoked her constitutional right to remain silent. When the defense responded again, the witness again kept her mouth shut.

Anticipating that state of affairs, the government filed a motion late Tuesday to strike Siegel's testimony, saying it had no way to challenge one of the defense's central narratives in the case.

“Here, Siegel's testimony is not reliable without meaningful cross-examination, and failing to strike out her testimony will leave the jury with only half-truths to consider in its deliberations,” the government's motion states. “Because Siegel indicated that it would rely on every question raised in cross-examination, the government could not meaningfully cross-examine Siegel on crucial factual issues.”

The prosecution also complained that, under the circumstances, it had no opportunity to challenge and contradict Siegel's testimony.

On Wednesday, after Fiore's daughter maintained her silence, Dorsey ruled in favor of the state, according to KLAS. The judge said it would be unfair to the prosecution if she allowed Siegel's “philanthropic narrative” about her mother's charity to sway the jury.

On June 18, 2014, Las Vegas Metropolitan Police Officer Alyn Beck was killed in the line of duty along with his partner, Officer Igor Soldo. Then Councilwoman Fiore solicited donations to honor Beck with a statue – and reportedly promised donors that “100 percent of all donations will be used for this charity event.”

While the statue actually stands in a flower bed near the entrance to Officer Alyn Beck Memorial Park in Las Vegas, the government says the monument was built without Fiore's financial help.

In summary, prosecutors allege Fiore spent over $70,000 to pay for the statue “for her own benefit.” The alleged illegal benefits included rent for her apartment and her daughter's wedding.

However, Siegel denied these claims in her now forfeited statement. Instead, she and Gentle went through a series of images that purported to show that Fiore had actually used the money philanthropically — allegedly spending some of the memorial funds on things like toys for needy children and constituency services.

The final hearings are expected to begin on Thursday.

Fiore pleaded not guilty to all charges.

During her failed bid for governor in 2021, Fiore's campaign positively referenced a Politico article that described her as “Lady Trump.”

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On October 4, 2024 By John Fenwick

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