www.lawfaremedia.org

They have to prove she intentionally deceived the bank by claiming it would be her primary residence in order to secure a better rate, not simply an error.

1. This claim literally only relies on a power of attorney document.
She clearly caught the error in the document and notified the bank it would NOT be her primary residence. It would be the primary residence for her neice who she was helping buy the property. She did so in capital letters in emails to the mortgatge loan broker: "This property will NOT be my primary residence. It will be Shamice's primary residence."
2. Worse for the DOJ, the loan application filed after the erred power of attorney form clearly reflects that it will NOT be her primary residence.
So Prosecutors are going to have a hard time proving she intended to deceive the bank.
3. The other option prosecutors are trying to claim the Fannie May/Freddie Mac standardized form requires the signer to use the home as their primary residence. Except, it was signed by BOTH her and her niece. So that is unlikely to go anywhere as well.

So essentially showing intent will be impossible AND showing it would have gotten her a better rate nearly impossible. Both are required.

There is a reason why DOJ attorneys refused to bring the case and Trump had to put his own insurance lawyer in AND why no other DOJ attorney would even sign documents related to the case.