Teresa And Joe Giudice Fraud Update:  Teresa and Joe Giudice, the Real Housewives of New Jersey stars accused of a whopping 39 counts of fraud, plan to have their four daughters live with Joe Giudice's brother if the reality couple are both sentenced to jail..and this outcome is highly likely considering how much evidence prosecutors have on Teresa and Joe.

Joe and Teresa Guidice are to arrive in court on fraud charges in February tp face their sentence on the fraud charges.  The chance of both of them facing jail time is startlingly good, so decisions about the children's future is somethiing Teresa and Giudice need to start strategizing.

Teresa Giudice has previously said that if they go to jail for fraud that she will not let her brother Joe Gorga and wife Melissa Gorga take their kids no matter how much the children adore their aunt and uncle. And now Joe Giudice has confirmed that if they go to prison for fraud their four daughters will be taken care of by his brother, Pete.

Though Teresa is signed on for the 4th season of RHONJ, she knows she may have to film from behind bars. We will update you on the Guidice upcoming fraud trial as more information comes to light.  The judge makes his decision on the pending fraud charges in February 2014.

There is a chance that Teresa will serve time in jail but there is no doubt that father Joe Giudice will serve time in prision Joe and Teresa Giudice seem to have been living in denial until now, going to parties and posting fun twitter pics for some time now. But Teresa and Joe can no longer deny making serious decisions about who will take care of their four daughters and are spending as much quality time with their children as possible. This weekend the whole Guidice famile went pumpkin picking together. It could be their last Halloween themed activity as a family for years as the fraud trial could rip the Guidice family apart.

On the Real Housewives of New Jersey reunion Teresa admits that she 'cries herself to sleep' and she is 'nervous for her family.' Though she doesn't think she deserves the fraud charges, Teresa is starting to see that jail for fraud charges could actually happen to herself and husband Joe. And now Teresa is seeing that making happy memories with her children before she is sent away is extremely beneficial for the whole Guidice family.

The Giudices are in danger of going to jail for 50 years and Teresa's brother Joe Gorgas was previously the front runner for taking care of their four small children, but not if Teresa and Joe Giudice have anything to say about it. Teresa does not want them to obtain custody and will fight to the death to see that her children go elsewhere. Joe Guidice confirmed again to Andy Cohen on 'Watch WHat Happens Live' that if anything, the children will be taken care of by his brother. Will Joe Giudice's brother be a good caregiver to their four little girls?

Even though Joe and Teresa have had major issues with Joe and wife Melisa Gorgas, their relationship seemed mended and it is only fitting that Teresa's closest family members watch the kids. But according to radaronline Teresa has publicly stated that Melissa will take her children 'over my dead body.' Teresa and Melissa have been fighting for several years and Teresa would not be able to watch her sworn enemy adopt her four little girls. So maybe Joe Giudice's brother would be a better fit to watch the kids.

The whole fraud ordeal for The Giudice family is very sad, but Teresa has declared she will not fall apart for the sake of her children but she admits to having sleepless night thinking about the Guidices future saying "Of course I'm scared. I'm human." Teresa previously said that she didn't think their was any chance the fraud charges could turn to jail time because a judge wouldn't leave four little kids without parents. But now Teresa Guidice knows it could, and probably will, happen. 

Joe and Teresa plead not guilty to a whopping 39 counts of fraud. They included bank fraud, bankruptcy fraud, and conspiracy to commit mail and wire fraud. Joe is also accused of failing to file tax returns for 2004 through 2008.

Although Teresa thinks that she won't be going to jail because a judge 'couldn't possibly take four children away from their mother' the possiblity of jailtime for the Jersey Housewife is very possible. 

Teresa and Joe Giudices were charged with a whopping 39 counts of fraud. They include bank fraud, bankruptcy fraud, and conspiracy to commit mail and wire fraud. Joe is also accused of failing to file tax returns for 2004 through 2008.

Joe Giudice, whose real first name is Giuseppe, is an Italian citizen. Thus, he could face deportation if he is convicted.

The Giudices, who live in Montville Township, N.J., are facing charges of exaggerating their income while applying for loans before their reality TV show debuted.

Joe Giudice, 43, was released on a $500,000 bond secured by his father, Frank. Teresa Giudice, 41, was released on a $500,000 unsecured bond.

The duo also had their travel restricted to New Jersey and New York and had to surrender their passports.

The pattern of alleged fraud may have lasted a decade, ," U.S. Attorney Paul Fishman said.

"They're serious charges," he said.

 "They are alleged to have made false statements to the bankruptcy court and the banks that lent them money," Fishman told press.

They also failed to file tax returns from 2004-2008.

In a statement, Teresa Giudice discussed the charges.

"I support Joe and, as a wonderful husband and father, I know he wants only the best for our lovely daughters and me," she said. "I am committed to my family and intend to maintain our lives in the best way possible, which includes continuing my career. As a result, I am hopeful that we will resolve this matter with the government as quickly as possible."

On Watch What Heppens Live Teresa adds that "I can't fall apart. I have my daughters. They mean the world to me."