She's still going the fraud route, plain and simple.
The wrong way to go IMO.
YMMV
Orly cannot use a civil law eligibility hearing of any kind to bring criminal charges against Barry. The rights of the accused and the standards of evidence are totally different in a criminal case of fraud.
Arpaio, on the other hand, might just have found evidence to support a criminal action against Barry. Arpaio, unlike Orly, is understands and is experienced in criminal law and how to bring a prosecution of an accused person without violating their rights.