Actress Could Face Hearing After Contradicting Plea

An actress could face a federal court hearing for proclaiming her innocence after pleading guilty to lying about an elaborate con involving a bogus television series based on the Department of Homeland Security.

Alison Ann Heruth, 41, was sentenced Monday to five years’ probation and ordered to pay $3.4 million in restitution after pleading guilty to lying to federal agents about the scam.

But after receiving that sentence, Heruth told The Times that she was innocent of the charges.

That claim prompted federal prosecutors to formally ask for a hearing in the matter before U.S. District Judge Manuel L. Real in Los Angeles.

“The government does not wish to pressure or railroad any defendant to plead guilty,” Assistant U.S. Atty. David Willingham said after filing the motion. “Miss Heruth has pleaded guilty under oath and if she intends to withdraw her plea at this time and proceed to trial, the government has requested a hearing so she can so advise the court.”

The government’s motion, which has not been ruled upon, centers on a deal it struck with Heruth months after Hollywood producer Joseph Medawar was arrested on charges that he had swindled millions of dollars from at least 70 investors who believed that White House and other federal officials were cooperating with his purported television series.

Medawar has since pleaded guilty in connection with the case.

In her plea agreement, Heruth acknowledged lying to federal agents when she said she did not know the television project was part of an investment scam.

However, in an interview after her sentencing, Heruth maintained her innocence and said she felt pressured by her court-appointed attorney, Thomas T. Nishi, to take the plea bargain rather than go to trial because he persuaded her that there was not enough time or resources to prepare an adequate defense.

Reached Wednesday in her native Minnesota, Heruth declined to comment.

Nishi did not return messages left on his office voicemail.