https://thelawdictionary.org/fraud/
What is FRAUD?
Fraud consists of some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury. As distinguishedfrom negligence, it is always positive, intentional. Maher v. Hibernia Ins. Co.,67 N. Y. 292; Alexander v. Church, 53 Conn. 501, 4 Atl. 103; Studer v. Bleistein. 115 N.Y. 31G, 22 X. E. 243, 7 L. R. A. 702; Moore v. Crawford, 130 U. S. 122, 9 Sup. Ct. 447,32 L. Ed. 878; Fechheimer v. Baum (C. C.) 37 Fed. 167; U. S. v. Beach (D. C.) 71 Fed.160; Gardner v. Ileartt, 3 Denio (N. Y.) 232; Monroe Mercantile Co. v. Arnold, 108 Ga. 449, 34 S. E. 176.Fraud, as applied to contracts, is the cause of an error bearing on a material part ofthe contract, created or continued by artifice, with design to obtain some unjustadvantage to the one party, or to cause an inconvenience or loss to the other. CivilCode La. art. 1S47.Fraud, In the sense of a court of equity, properly Includes all acts, omissions, andconcealments which involve a breach of legal or equitable duty, trust, or confidencejustly reposed, and are injurious to another, or by which an undue and unconscientiousadvantage is taken of another. 1 Story, Eq. Jur.
Bottom line, it is not a winnable CRIMINAL case.
A case that could be brought? Quite possibly. Won? No. Because, at a minimum, a judge might well toss it asa matter of law or one Moore hater would hang the jury.
Then the acquittal or hung jury allows the Def, Senator Menendez for example, can proclaim, “See, I wasn’t guilty. It was all false accusations, etc.”