Tom Girardi Accused of “Exaggerating” Dementia and Ordered to Court as Prosecutors Use Video to Prove Claims of “Purposeful Manipulation” to Avoid Consequences for Crimes Against Clients

by Lindsay Cronin

Prosecutors believe Thomas Girardi is “exaggerating” symptoms of dementia and using “purposeful manipulation” to avoid going to trial and facing charges related to the reported $18 million he embezzled from clients from 2010 to 2020.

In new court documents filed against the disbarred attorney, 84, who is in the midst of a divorce from Real Housewives of Beverly Hills star Erika Jayne, 52, prosecutors claim videos prove Thomas is being dishonest about his medical state as they demand he show up to court to stand trial.

“Less than one month after the bankruptcy proceedings were initiated, and criminal and State Bar referrals were made by federal and state judges, defendant’s brother filed a petition in Los Angeles Superior Court to have a conservator appointed, alleging that defendant could no longer care for himself or his estate. Without the benefit of any adversarial testing, the petition was subsequently granted mere months later,” prosecutors explained in documents obtained by Radar Online on August 21.

As RHOBH fans will recall, Thomas and his law firm, Girardi Keese, were forced into bankruptcy in late 2020, and shortly thereafter, in early 2021, his brother, Robert Girardi, was appointed as his conservator due to Thomas’ alleged dementia and Alzheimer’s. But as prosecutors claim, Thomas’ diagnoses may not be legitimate.

“Now, after being criminally indicted for his [years-long] scheme, defendant attempts to avoid being held to account for his conduct by petitioning this Court to find him incompetent to stand trial,” they note. “However, despite defendant’s asserted incompetence, evidence of his normal routine immediately leading up to the demise of GK –- years after defendant claims his purported mental competency issues began –- demonstrates that his instant ‘symptoms’ are exaggerated – an artfully constructed self-serving portrait of a figure purportedly so diminished as to be beyond the legal system’s reach.”

According to the prosecutors’ court documents, Thomas, who currently resides in a senior living facility, seemed to be just fine, from a mental standpoint, in the months leading up to his conservatorship.

“He went to his law firm nearly every day and worked on multiple cases, negotiated loans to keep [Girardi Keese] afloat, sat for multiple depositions and interviews, and even moderated a panel discussion with other attorneys,” they stated. “Only after defendant’s creditors started closing in when an escape hatch was needed most, was the issue of [Girardi’s] mental competency first raised.”

“His purposeful manipulation of these proceedings to avoid the consequences of a trial in this matter directly demonstrate how cunning and capable he truly is,” prosecutors added.

An August 23 report from Radar Online also discussed the case, signaling to the many lawsuits filed against Thomas months prior to his diagnosis.

“As the pressure mounted from these multiple civil lawsuits, GK was forced into involuntary bankruptcy by mid-December 2020. Facing an avalanche of civil liability and potential criminal exposure, defendant’s response shifted from the facts of his alleged wrongdoing to his purported diminished mental state,” prosecutors wrote in court documents.

In addition to Thomas’s longtime secretary testifying that she never questioned his mental state, prosecutors have obtained video of Girardi in 2019 and 2020, which includes Thomas “regaling his ex-wife and her friends with stories of his trials and his encounters with celebrities” in late 2019 and discussing his career.

Prosecutors also have a voicemail from Thomas in which he discussed “negligence” and asked if he was at fault.

“These voicemails make clear that defendant’s short-term memory, and his general appreciation of outstanding legal matters, are intact,” the documents read.

Although Erika has insisted that she was unaware of Thomas’ crimes, his bankruptcy trustee sued her for $25 million in 2022.

Full Article & Source:
Tom Girardi Accused of “Exaggerating” Dementia and Ordered to Court as Prosecutors Use Video to Prove Claims of “Purposeful Manipulation” to Avoid Consequences for Crimes Against Clients

See Also:
Tom Girardi

Girardi Fraud Case: Ex-Celebrity Attorney’s Mental Competence Challenged in Court

By Rihem Akkouche

In a courtroom drama reminiscent of a Hollywood blockbuster, former A-list attorney Tom Girardi finds himself in the spotlight again, but this time not for defending a celebrity client. Instead, he faces questions of his own mental fitness to stand trial over charges of stealing a staggering amount from his firm’s clientele.

Girardi Fraud Case: Judge’s Latest Verdict

U.S. District Judge Josephine Staton, who seems to have become Girardi’s biggest courtroom adversary in this saga, ruled that he must appear in a Los Angeles court on Aug. 23. Echoing a crescendo in a thriller, this order comes on the heels of Girardi’s failed attempt to postpone the hearing, and the judge dismissing one of his key expert witnesses, pushing the narrative closer to its climax.

Girardi Fraud Case:  A Battle of Claims

Amidst the mounting tension, Girardi’s defense team paints a poignant image: an 84-year-old disbarred lawyer, battling Alzheimer’s, unfit for the pressures of a trial. Yet, prosecutors aren’t buying the emotional subplot. They argue he’s feigning his condition to dodge the limelight of what’s being touted as one of California’s most infamous legal debacles.

Girardi Fraud Case : Alzheimer’s & Conservatorship

It’s a plot twist that could be straight out of a script – Girardi, diagnosed with Alzheimer’s, was placed under the conservatorship of his brother, Robert Girardi, in 2021. This happened right after the dramatic crumble of Girardi Keese. Subsequent acts saw federal grand juries from Los Angeles to Chicago indicting him with 13 counts of wire fraud and four instances of criminal contempt.

The Trial Before the Trial

Before the main act can commence, Judge Staton is set to assess evidence concerning Girardi’s mental capacity. The climax of this prelude? Determining whether Girardi can grasp the gravity of the allegations against him and play an active role in his defense. Should he be deemed incompetent, the entire case could take an unexpected detour, potentially impeding the government’s quest for justice.

Full Article & Source:
Girardi Fraud Case: Ex-Celebrity Attorney’s Mental Competence Challenged in Court

See Also:
Tom Girardi

Disgraced former L.A. lawyer Tom Girardi indicted on client theft

by: Associated Press

Disbarred and disgraced Los Angeles celebrity lawyer Tom Girardi has been indicted in Chicago on charges of stealing $3 million from clients who lost family members in the 2018 Lion Air crash.

The charges mark the latest in a string of legal disasters for a powerful player who rubbed elbows with politicians and celebrities as one of the nation’s most prominent plaintiff’s lawyers, known for winning settlements such as the one portrayed in the movie “Erin Brockovich.”

U.S. prosecutors say Girardi, another lawyer and his firm’s accounting chief misappropriated settlement funds intended for five clients who reached settlements with Boeing, makers of the 737 Max operated by Indonesia’s Lion Air that crashed into the Java Sea on Oct. 29, 2018 — killing 189 people.

“The substantial misappropriation alleged in this indictment compounded the grief and anguish of the clients who lost loved ones in the Lion Air crash,” said John Lausch, the U.S. attorney for the northern district of Illinois. “Attorneys who violate the trust of their clients and breach a fiduciary duty that is paramount to the practice of law must be held accountable.”

Girardi, who once played a supporting role on “Real Housewives of Beverly Hills,” which starred his now ex-wife Erika Jayne, was disbarred last summer for siphoning funds intended for clients. His firm Girardi Keese is bankrupt and he’s said to be suffering from dementia, according to a court conservatorship.

A Chicago law firm filed a racketeering lawsuit last year alleging that Girardi and his associates essentially ran a Ponzi scheme, siphoning off $100 million from their clients, attorneys they worked with and others.

“The real story is one that seems like a tale out of a John Grisham novel: Girardi Keese was little more than a criminal enterprise, disguised as a law firm,” according to the lawsuit filed in Los Angeles by Edelson, the Chicago law firm. “Indeed, the Girardi Keese firm operated what we now know was the largest criminal racketeering enterprise in the history of plaintiffs’ law.”

Girardi and another attorney, David Lira, face eight charges of wire fraud and four counts of criminal contempt of court, Lausch’s office said in a statement.

The law firm’s head of accounting and finance, Christopher Kamon, faces the same charges.

Arraignments in federal court have not been scheduled yet.

Online court records do not indicate whether Girardi or the other two men have attorneys in the case.

Full Article & Source:
Disgraced former L.A. lawyer Tom Girardi indicted on client theft

State Bar asks judge to force ex-employees to testify about Girardi’s sway in the agency

The State Bar is seeking a judge’s order to compel two former employees to submit to questioning about suspected corruption at the agency that allowed Tom Girardi, above, to avoid discipline for decades.

(Irfan Khan / Los Angeles Times)

By Matt Hamilton, Harriet Ryan

The State Bar of California is taking two former employees to court in a bid to force them to divulge what they know about suspected corruption at the agency that allowed Tom Girardi to avoid discipline for decades.

In a pair of filings in recent days in Los Angeles County Superior Court, lawyers for the State Bar wrote that the former employees were believed to have “information relevant to the investigation” but had flouted subpoenas issued in July directing them to testify under oath.

In seeking a judge’s order to compel them to submit to questioning, the State Bar did not name the former employees. Instead, the lawyers identified each only as a “confidential witness” in what agency lawyers said was an attempt to preserve the integrity of the ongoing investigation. 

Inquiry-related interviews and correspondence reviewed by The Times indicate that one of the former employees is Tom Layton, a once-prominent State Bar investigator who had a close friendship with Girardi while the lawyer was the subject of numerous ethics complaints.  

As The Times has previously detailed, Layton accepted free legal work, travel and meals from Girardi and one of his children worked at the lawyer’s Wilshire Boulevard firm. Girardi and the investigator were frequently seen together at Girardi’s law office, political fundraisers, civic events, the Jonathan Club and upscale steakhouses such as Morton’s and the Palm.

Layton did not return messages seeking comment.

Both former employees are represented by Robert Baker, a veteran L.A. litigator who knew Girardi for decades and defended him in numerous lawsuits brought by disgruntled clients and peers over the years.

Baker declined to identify his clients but said both had previously sued the State Bar.

Layton sued the agency in 2016 for wrongful termination after questions arose about his connection to Girardi and reached a $400,000 settlement. Asked if one of the unidentified witnesses was Layton, Baker said, “I’m not going to get into that.”

Baker told The Times that both former employees have settlement agreements that release them from any further “claims, debts, liabilities, demands” by the State Bar. The settlement terms, he said, “released the plaintiffs from any claims of whatever nature” — suggesting they could not be forced either to turn over documents or answer questions about the Girardi probe.

Baker called the State Bar’s investigation, which is being conducted by an outside law firm, Halpern May Ybarra Gelberg LLP, “a scam.”

“There’s no reason in my opinion to do an examination about the State Bar’s former employees after Mr. Girardi has already been disbarred,” Baker said in a brief phone interview. “What’s the purpose of this? They are spending money of lawyers’ dues — what do they anticipate doing, except blaming prior employees for an alleged transgression by Mr. Girardi and the State Bar?”

In the wake of Girardi’s astonishing downfall, evidence has poured out about corruption at his vaunted firm, Girardi Keese, and elsewhere. A trustee overseeing the law firm bankruptcy estimates that Girardi stole $14 million from clients in the final decade before his firm collapsed. In one notable example, Girardi wired $300,000 from a client trust account to a sitting appellate judge with whom he was carrying on a years-long extramarital affair.

The Times has also reported how Girardi cultivated close relationships with State Bar officials as well as with private judges who played key roles in administering the settlements from which he is now accused of misappropriating funds.

The bar announced the outside firm’s investigation in January, saying its purpose was “to identify actions by anyone with ties to the State Bar that may constitute malfeasance in how discipline complaints against Girardi were handled.” 

At the time, Ruben Duran, the chair of the bar’s governing board, proclaimed, “Mark our words: We will go wherever the evidence leads us.”

In the ensuing period, little has emerged publicly about the progress or scope of the investigation.

A hearing on the requests by the State Bar is scheduled for Oct. 28.

Full Article & Source:
State Bar asks judge to force ex-employees to testify about Girardi’s sway in the agency

See Also:
Girardi bankruptcy judge mulls guardian appointment amid competency fight 

Tom Girardi and reality star wife sued for alleged theft of Lion Air settlement funds 

Tom Girardi's Brother Files for Conservatorship amid Legal Troubles and Split from Estranged Wife Erika 

Thomas Girardi DISBARRED, Senile & Homeless Amid Fraud Allegations! 

Erika Jayne’s husband ‘suffering memory loss’: Tom Girardi’s brother files motion, seeks conservatorship

Tom Girardi Disbarred, Court Orders $2.3 Million Restitution (1)

By Joyce E. Cutler

• Funds stolen from clients, lawyer lied about contingency fees
• Famed attorney in conservatorship, firm and he in bankruptcy

Disgraced attorney Tom Girardi was disbarred Wednesday, with the California Supreme Court ordering the fallen attorney to pay $2,282,507 plus 10% interest for funds stolen from clients.

The State Bar Court charged Girardi with 14 counts of violating ethics rules and California law for stealing millions of dollars from clients. Justices adopted a State Bar court order requiring him to pay $2 million to four minor children of Lion Air flight 610 crash victims. The court also required restitution to other clients, including a bankruptcy trustee, Anthem Inc., Medicare, and Garretson Resolution Group.

The court ordered $5,000 in sanctions and State Bar court costs. Girardi,who according to a state probate court’s order “lacks capacity to make health-care decisions,” was placed on the bar’s inactive roll in January. The disbarment strikes his name from the California Bar where he’s been a member since 1965.

The award “may be collected by the State Bar through any means permitted by law,” the court said.

The famed Southern California attorney, who failed to ask the court to participate in the case, is under conservatorship. The now defunct law firm Girardi Keese was found in contempt for keeping millions of dollars from clients. Girardi declared bankruptcy not long after admitting to the court that he didn’t have the money he still owed the clients.

“Thomas Girardi has done significant and profound harm to many and while his disbarment does not minimize those impacts, it is an acknowledgement of the people he victimized,” Bar Chief Trial Counsel George Cardona said in an emailed statement. “As an agency, public protection is at the core of our mission, and we are taking the necessary steps to ensure what occurred does not happen again.”

The court’s ruling follows a legislature-ordered state audit of the bar, which faulted the agency for decades of missteps that provided cover for Girardi. The audit held that the California’s system for overseeing the legal profession failed to adequately investigate attorneys “despite lengthy patterns of complaints against them.”

The California Bar oversees more than 250,000 licensed attorneys. California attorneys answer to the state supreme court, which licenses and disciplines lawyers, and to the California Legislature, which oversees lawyers under the state Business and Professions Code.

Senate Judiciary Committee Chairman Tom Umberg called the Girardi “debacle is an embarrassment to the profession.”

“To the bar’s credit of late they’ve taken steps in the right direction, but the bar from my perspective needs to focus like a laser on attorneys’ discipline, that the general public expects the bar to protect consumers from the kind of abuse that Tom Girardi’s victims suffered, twice,” Umberg (D) said in an interview.

The case is Girardi on Discipline, Cal., No. S273491, recommended discipline imposed: disbarred 6/1/22.

(Added quotes from Sen. Tom Umberg in 9th and 10th paragraphs)

 

Full Article & Source:

Tom Girardi Disbarred, Court Orders $2.3 Million Restitution (1)

'TRAGIC' RHOBH’s Erika Jayne has ‘breakdown’ over ex Tom Girardi’s conservatorship & slams his family for dementia facility plans

Click to Watch Video

by Katherine Schaffstall

REAL Housewives of Beverly Hills star Erika Jayne had a "breakdown" over ex-husband Tom Girardi's conservatorship.

The 50-year-old slammed his family for their dementia facility plans during Wednesday's episode of the Bravo show.

Erika admitted to having a 'breakdown' over Tom's conservatorshipCredit: Bravo

Tom's family chose to put him in a facility for his dementia

While sitting down with Kyle Richards, 52, and Lisa Rinna, 58, Erika revealed Tom's brother, Robert, had been appointed his conservator due to the former lawyer's dementia.

After sharing his family's plans to put him in a senior home, Erika made it clear that she did not support the idea.

She said: “I’m ready to have a nervous breakdown because regardless of what is going on with him legally, this is someone I was married to for 22 years.”

Erika said she “doesn’t agree” that Tom, 82, needs to be put in a home, explaining: “My grandmother was put into a home. She had very bad dementia.”

After noting that her grandmother was the “most beloved” person in her life, the RHOBH star continued: “This is a very difficult thing because I watched my grandmother die and to see this happen here again.”

PERSONAL EXPERIENCE

She told the Kyle and Lisa: “When my grandmother was in her home, Tom paid for that. 

"He was there for my grandmother. We have to remember that."

Erika continued: "I think he needs a caretaker, for sure.

"But I don’t think that he needs to be in a home like I saw my grandmother in. I know what they do to you in there.

"It’s supposed to be great care but if you lash out then they medicate you. The only way is down.”

'NIGHTMARE'

After stating his adult children want nothing to do with Tom, Erika admitted that the situation “tragic” and a “nightmare.”

Back in August, Tom was spotted at a nursing home as the former high-powered attorney wore an oversized purple sweater and white pants during his outing.

He had his face mask under his chin before putting it back on.

After taking in the air and views, Tom re-entered the rest home.

More recently, it was revealed that Tom has been moved to another facility in Burbank, CA.

ERIKA'S LEGAL PROBLEMS

The RHOBH star filed for divorce from Tom back in November after about 21 years of marriage.

After their split was confirmed, the former couple was hit with a number of lawsuits.

Despite claiming she was not aware of Tom’s wrongdoings, the Bravo star has found herself at the center of the legal drama.

Erika was accused of “hiding her bank statements," as a trustee's special litigation counsel confirmed that Tom’s law firm transferred about $20 million to her many businesses.

The pair's legal drama has become a hot topic on the most recent season of RHOBH.

NO MORE RUNNING

The Real Housewives star recently shared a teaser pic from the upcoming reunion 

In the snap, Erika had a vibe of old-school Hollywood glamour in a Marilyn Monroe-inspired baby pink dress.

She posed on the stairs of her trailer as she combed her long blonde hair in dramatic waves and showed off her cleavage in the plunging mini dress.

She captioned the post: "Like me or not, I don’t run and hide. #rhobh reunion."

Erika filed for divorce from Tom in NovemberCredit: Bravo

Full Article & Source:

'TRAGIC' RHOBH’s Erika Jayne has ‘breakdown’ over ex Tom Girardi’s conservatorship & slams his family for dementia facility plans

 

See Also:

Tom Girardi

NO MORE MANSION RHOBH star Erika Jayne’s ex Tom Girardi, 82, resurfaces at nursing home amid claims he stole millions from his clients

by Jorge Solis 

REAL Housewives of Beverly Hill star Erika Jayne's ex-husband Tom Girardi, 82, resurfaced at a nursing home amid the claims that he had stolen millions from his clients

Tom was spotted outside of the facility somewhere in Los Angeles.

At the senior living home, the former high-powered attorney wore an oversized purple sweater and white pants.

He had his face mask under his chin before putting it back on.

After taking in the air and views, Tom re-entered the rest home.

Recently, on the Emily Show podcast, host Emily D. Baker reported that the 82-year-old's federal disbarment was handed down by a judge.

Emily wrote on Twitter: "It's official. A Federal Judge disbarred Tom Girardi yesterday. Girardi was already suspended from the practice to practice and the State Bar was pushing to Disbar him, he did not contest the disbarment."

She followed up with another tweet: "The State Bar Disbarment is still pending. This is the Federal Court Disbarment. Girardi has not responded to either action yet."

Back in June, Tom’s younger brother Robert Girardi had been appointed as the former lawyer’s conservator.

Erika’s ex was designated a conservator due to his dementia diagnosis.

According to PEOPLE, Tom originally opposed the conservatorship "all together" and shared his plan to have it “dissolved" in court.

However, the former lawyer never contested the decision.

ERIKA'S OWN LEGAL PROBLEMS

The RHOBH star filed for divorce from Tom back in November after about 21 years of marriage.

After their split was confirmed, the former couple was hit with a number of lawsuits.

Despite claiming she was not aware of Tom’s wrongdoings, the Bravo star has found herself at the center of the legal drama.

Erika, 50, was accused of “hiding her bank statements," as a trustee's special litigation counsel confirmed that Tom’s law firm transferred about $20 million to the Bravo star's many businesses.

'DID YOU KNOW?'

Erika and Tom’s legal drama became a hot topic issue during the latest season of the Bravo show.

Even the RHOBH cast got involved and confronted her about the claims.

In a teaser clip,  Kyle Richards, 52, asked her fellow Bravo stars if they thought Erika knew what Tom was up to.

Sutton Stracke, 49, responded: “I don’t think ignorance is an excuse.”

When Erika joined the group, Sutton asked: “Are you really that afraid of me?”

She asked Erika why “the paper is saying that $20 million went into your LLC?”

Kyle added: “Did you know any of this?”

Erika remained silent as the other cast members appeared uncomfortable.

Full Article & Source: 

NO MORE MANSION RHOBH star Erika Jayne’s ex Tom Girardi, 82, resurfaces at nursing home amid claims he stole millions from his clients

Tom Girardi a No-Show at Disciplinary Hearing

The plaintiffs lawyer has also failed to respond in writing to allegations that he misappropriated hundreds of thousands of dollars in settlement money from victims he represented in litigation.

 

By Cheryl Miller

 

Thomas Girardi. Photo: Christine Jegan

Tom Girardi did not appear at a state bar court conference held Monday to review disciplinary charges against the fallen Southern California trial lawyer.

Girardi has also failed to respond in writing to allegations, filed by state bar attorneys in March, that he misappropriated hundreds of thousands of dollars in settlement money from victims he represented in litigation. Bar attorneys have filed a motion for entry of default.

Full Article & Source:

Tom Girardi a No-Show at Disciplinary Hearing 

 

See Also:

Tom Girardi