Tom Girardi, a high-profile former attorney, has been found competent to stand trial on charges of embezzlement, following allegations that he stole more than $15 million from his clients.
US District Judge Josephine L. Stanton made the announcement on Tuesday, January 2, despite Girardi's Alzheimer's and dementia diagnoses in 2021, as per The Independent.
Tom Girardi Faces Criminal Charges in California, Chicago
This decision means that the 84-year-old disbarred attorney will face a jury on criminal contempt and wire fraud charges in Orange County, California. Girardi also faces separate federal charges in Chicago.
Girardi's mental competency hearing in September 2023 was not without incident, as he reportedly directed profanity towards a prosecutor. The outburst was perceived by the prosecution as evidence that Girardi was aware of his circumstances and felt he had "nothing to lose."
The legal troubles have had a significant impact on Girardi's estranged wife, Erika Jayne, known for her appearance on "The Real Housewives of Beverly Hills." Jayne expressed her desire to move on from the situation, acknowledging the painful wound reopening every time someone mentions Girardi. The couple's separation in November 2020 was followed by a class-action lawsuit against Girardi's previous law firm, Girardi Reese, accusing them of misusing funds meant for the families of plane crash victims.
Jayne has expressed her support for the victims and met with individuals who alleged that Girardi misused their settlement money. She has also spoken about his health decline and the fact that he still believes he is practicing law while residing in a memory care facility.
Despite the challenges surrounding their separation, Jayne emphasized that she is mourning the end of their 20-year marriage and the real moments of sadness that come with that, according to US Magazine.
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Girardi's Competency Concerns Post Initial Assessment
Girardi was previously declared fit by a court-appointed psychologist in June, but his competency has been questioned by his attorneys. The co-founder of Girardi & Keese, a now-bankrupt law firm, gained further attention as he appeared on "The Real Housewives of Beverly Hills" alongside Jayne.
Girardi was disbarred in 2022 following allegations of misusing funds and has been indicted on wire fraud charges. Prosecutors claim that he swindled clients out of more than $18 million, including funds intended for the families affected by the 2018 Lion Air Flight 610 crash in Indonesia. Later, he faced additional wire fraud counts in a separate criminal case in Chicago.
If convicted, Girardi could face up to 20 years in prison. He is currently free on a $250,000 bond. Others involved in the scheme, including the former firm's Chief Financial Officer, Christopher Kamon, and Girardi's son-in-law, David Lira, are also facing similar charges.
The finding of Girardi's competency to stand trial comes after a report by neuropsychologist Dr. Diana Goldstein concluded that he is competent for trial. However, the basis and full analysis of this conclusion remain undisclosed and under seal. On the other hand, California forensic and clinical psychiatrist Dr. Nathan Lavid stated in a sworn affidavit that Girardi suffers from late-onset Alzheimer's disease and dementia.
Girardi's brother, Robert Girardi, has been acting as his brother's conservator since a mental evaluation conducted in February 2021.
As the legal proceedings continue, Girardi's competency ruling marks a significant development in the high-profile case that has garnered attention both for its legal complexities and its impact on the lives of those involved, Daily Mail reported.
