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.

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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

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Tom Girardi Moves Into Senior Living Facility Specializing In Memory Care; Ex Erika Jayne Notified

Earlier picture of Tom & Erika

By Catherine Armecin

 

KEY POINTS

• Erika Jayne's estranged husband Tom Girardi moved into a senior living facility in California on Aug. 9, a report says
• Jayne was notified of the move via mail, according to court documents
• Girardi was diagnosed with Alzheimer’s disease and dementia earlier this year

Erika Jayne's estranged husband Tom Girardi has moved out of his mansion in Los Angeles and into a senior living facility amid his legal woes.

According to the court documents obtained by Us Weekly Friday, the former attorney, 82, moved into a facility specializing in memory care in Burbank, California, on Aug. 9. His brother and conservator, Robert Girardi, informed the "Real Housewives of Beverly Hills" star of the move via mail, the documents said.

Tom's other brother, Jack, and his two daughters and son were also notified of his new residence, Page Six reported.

Robert was granted a temporary conservatorship over his brother in February. A mental evaluation given at the time assessed that Tom, who lost his law license, was suffering from late-onset Alzheimer’s disease and dementia.

While the former lawyer told the court in June that he "disagree[d] with the conservatorship altogether," Robert was named the permanent conservator of Tom's person and estate the following month.

Jayne filed for divorce from Tom in November 2020 after 21 years of marriage. A month later, a class-action lawsuit was filed against the pair accusing them of embezzling funds intended for the families of plane crash victims "in order to continue funding his and Erika's lavish Beverly Hills lifestyles," documents obtained by People read.

Jayne has insisted that she had no knowledge of her estranged husband's legal troubles. In an episode of the "Real Housewives of Beverly Hills" Season 11, she insisted that their divorce was not a "sham."

"Being the possible target of a federal criminal investigation is like, not cool," Jayne was quoted by Us Weekly as saying. "To have all those things said about you which are not true, and then to have everyone, basically, question everything. It’s lonely and it’s quiet and you would be shocked by how quickly people turn on you. How quickly people distance themselves from you. Automatically, they turn because they don’t want to be involved."

During a more recent episode, Jayne claimed that she hasn't spoken to Tom since she moved out of their home.

In August, the trustee handling the bankruptcy case of her ex's law firm Girardi Keese sued Jayne for $25 million, which was the amount she allegedly spent on an American Express bill and glam squad, among other charges.

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Tom Girardi Moves Into Senior Living Facility Specializing In Memory Care; Ex Erika Jayne Notified

 

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Erika Jayne’s Estranged Husband Tom Girardi Will Refuse to Testify at Lion Air Hearing

By Eliza Thompson

Tom Girardi, the estranged husband of Erika Jayne, said that he will not testify at an upcoming hearing related to the Lion Air Flight 610 case.

RHOBH’s Erika Jayne and Tom Girardi’s Divorce, Legal Woes: Everything We Know

The former lawyer, 82, told a Chicago federal judge on Monday, August 9, that if he is called to the stand, he will invoke his right to remain silent, Law360 reported. The September hearing is related to contempt charges stemming from the December lawsuit that accused Girardi and his firm of misappropriating funds intended for families of the victims of the Lion Air plane crash.

After the defense team conceded that $2 million in settlement funds were missing, the judge found both Girardi and his firm, Girardi Keese, in contempt and froze their assets.

In December 2020, class action firm Edelson PC alleged in court documents that Girardi and Erika, 50, embezzled the settlement funds intended for the Lion Air families. The firm also accused the former couple of announcing their divorce to protect their assets.

“While Erika publicly filed for divorce [in November 2020], on information and belief, that ‘divorce’ is simply a sham attempt to fraudulently protect Tom’s and Erika’s money from those that seek to collect on debts owed by Tom and his law firm GK,” the documents claimed.

The lawsuit also alleged that Tom’s “need to fund outrageous lifestyles for himself and his soon-to-be ex-wife” was the reason for the divorce filing, claiming that the disgraced lawyer used settlement funds to “release personal guarantees, pay down loans, route the money to friends and family and satisfy other outstanding debts.”

For her part, the Pretty Mess author has denied knowing anything about Tom’s finances or the whereabouts of the allegedly missing settlement funds. In a midseason trailer for The Real Housewives of Beverly Hills released last month, when the women are discussing Tom’s legal trouble, Erika says, “If he stole the money, I’d like to know where it is.”

Earlier in season 11, the former Broadway star said that she’d asked Tom to explain the Lion Air situation to her, but claimed he refused. “I kept asking. And I was continuously shut out,” she said during the July 14 episode. “I [pleaded], I begged, I tried. I pushed as hard as I could until I couldn’t push anymore.”

Erika has not been charged with any crimes, but in June, a judge ordered her to turn over all of her financial records. The following month, Tom’s conservatorship was made official after he was diagnosed with dementia earlier this year. His brother, Robert Girardi, was initially appointed his temporary conservator in February.

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Erika Jayne’s Estranged Husband Tom Girardi Will Refuse to Testify at Lion Air Hearing

State Bar casts doubts on Girardi’s Alzheimer’s diagnosis, suggests charges are coming

State Bar lawyers say they are poised to file disciplinary charges against Tom Girardi, shown here with his estranged wife, “The Real Housewives of Beverly Hills” star Erika Jayne.

(Bravo)

 By Harriet Ryan, Matt Hamilton

The State Bar of California cast doubt Friday on troubled lawyer Tom Girardi’s diagnosis of Alzheimer’s disease, suggesting it was a possible case of malingering and likely igniting a battle over his mental competency.

Lawyers for the bar raised the questions in a Superior Court filing that also revealed the agency is preparing to move against Girardi’s license. The bar regulates attorneys in California.

Bar investigations and disciplinary proceedings are normally confidential, but the agency disclosed “imminent” charges against Girardi in an attempt to stave off conservatorship proceedings that would impede its ability to prosecute him.

Girardi’s younger brother is seeking appointment as his permanent legal guardian, with a hearing set for Monday, and has offered as evidence the opinion of a Long Beach psychiatrist who examined the lawyer last month and diagnosed him with “Alzheimer’s disease with late onset.” The psychiatrist said Girardi has short-term memory loss, delusions and “severely disorganized thinking.”

An attorney for Girardi’s temporary conservator, Nicholas Van Brunt, said, “No comment to make, except that we will be responding to the filing.” The Long Beach psychiatrist, Nathan Lavid, did not return messages seeking comment.

James J. Chang, a bar attorney, questioned the legitimacy of the conservatorship proceedings as coming “under highly unusual circumstances” and “only after [Girardi] became enmeshed in mounting legal troubles and as he is facing imminent State Bar discipline.”

He wrote that facts “belie allegations that Girardi is now incapable of caring for himself,” noting that the lawyer had speaking engagements until late November. The bar’s top prosecutor, interim chief trial counsel Melanie Lawrence, listed two appearances Girardi made last fall, including a Nov. 21 event for the Consumer Attorneys of California.

“Mr. Girardi moderated a 1.5-hour long continuing legal education panel discussion ... regarding how to conduct a jury trial and engaged conversantly with the four other attorney panelists,” Lawrence wrote.

The bar lawyers urged the judge overseeing the conservatorship case, Daniel Juarez, to order an independent examination of Girardi by a neuropsychologist.

Girardi’s firm, Girardi Keese, imploded in December after evidence emerged that he had misappropriated millions of dollars in client settlement money. A federal judge referred him for criminal investigation, and creditors subsequently forced him into bankruptcy.

The turn of events stunned the legal community, where Girardi was among the nation’s most renowned and well-connected civil lawyers. Many outside the law knew him as the real-life attorney from the film “Erin Brockovich” and from his appearances on “The Real Housewives of Beverly Hills” alongside his wife, pop singer Erika Jayne.

A Times investigation found that Girardi maintained a spotless record with the bar for decades despite more than 100 suits against him and his firm, including numerous claims of legal malpractice and misappropriation of funds. Girardi cultivated close relationships with bar officials, the newspaper found.

The bar on March 5 notified Girardi that it planned disciplinary action against him. In its filing Friday, the bar said the charges against Girardi alleged that “he has willfully misappropriated client funds and refused to obey a court order.”

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State Bar casts doubts on Girardi’s Alzheimer’s diagnosis, suggests charges are coming  

 

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Thomas Girardi DISBARRED, Senile & Homeless Amid Fraud Allegations!

AATT Staff

Thomas Girardi, the estranged  husband of Real Housewives of Beverly Hills star, Erika Jayne, has been stripped of his law license according to a new report by Page Six. The outlet reported on Wednesday that according to state records, the lawyer’s license was revoked by the California State Bar, making him ineligible to practice law. 

Thomas Girardi long-standing law firm, Girardi and Keese, has been battered by several legal battles in recent months. Erika filed for divorce in November, only weeks before the couple was hit with a lawsuit alleging that the duo had embezzled money designated to the victims of Lion Air Flight 610. They were subsequently accused of staging the divorce to dodge accountability.

Thomas claimed poverty in court, in a case that is ongoing. Thomas’ former law partner, Robert Keese, sued to dissolve their business venture, 1126 Wilshire Partnership. Thomas was accused of not paying out the estimated $315k in earnings, instead keeping the money for “his own personal gain.” Wells Fargo also slapped the once famed lawyer with a lawsuit, claiming that he had breached agreements.

As reported last month, Robert Girardi, the brother of Tom Girardi, is serving as his brother’s temporary conservator.

Robert claimed that his brother wasn’t able to participate in an early  February hearing because he suffered a medical emergency in late January. 

Robert requested to take control of his brother’s estate amid the 81-year-old’s legal battles, but the judge only consented to Robert handling the former famed lawyer’s affairs until March 30.

Robert also asked the judge to allow him the authority to place Thomas in a facility that treats neurological disorders, such as dementia.

“There was an urgent need for Bob Girardi to have the power to engage counsel in the bankruptcy proceeding on his brother’s behalf, and Tom’s court-appointed counsel clearly agreed, as did the court today,” Robert Girardi’s attorney said in a statement to Page Six in early February.

Robert filed documents addressing Thomas’ involuntary bankruptcy case, alleging that his brother was experiencing short-term memory loss, and needed a conservator. He alleged that Thomas is “incapable of realizing” the consequences of the legal filings.

Robert initially alleged that Thomas is “incompetent and unable to act for himself” because he’s suffering from short-term memory loss.

“My brother is incapable of realizing and understanding the repercussions of the bankruptcy filings pending against him and his law firm Girardi Keese notwithstanding having [it] explained to him over and over and by various people,” Robert said. “Furthermore, my brother is not capable of making rational decisions with respect to his financial responsibilities and offers solutions and opinions that are factually impossible.”

As reported, Tom Girardi was evicted from his California mansion in February amid his ongoing legal battle.

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Thomas Girardi DISBARRED, Senile & Homeless Amid Fraud Allegations! 

 

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Tom Girardi's brother gets OK to serve as guardian in bankruptcy case

By David Thomas

A bankruptcy judge in Los Angeles has cleared the way for the brother of famed plaintiffs’ lawyer Tom Girardi to serve as his guardian during bankruptcy proceedings.

U.S. Bankruptcy Judge Barry Russell on Tuesday said there was no need for him to rule on Robert Girardi’s motion to serve as guardian ad litem because a state court earlier this month appointed Robert Girardi as his brother’s temporary conservator.

To read the full story on Westlaw Today, click here: bit.ly/3benfB8

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Tom Girardi's brother gets OK to serve as guardian in bankruptcy case 

 

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Girardi bankruptcy judge mulls guardian appointment amid competency fight

 

Girardi bankruptcy judge mulls guardian appointment amid competency fight

(Reuters) - With plaintiffs lawyer Tom Girardi and his law firm both forced into insolvency proceedings, arguments over Girardi's mental competency are moving to center stage.

 

But even if a judge finds that Girardi requires a guardian ad litem, it won't serve to keep his creditors at bay, experts said.

 

"It really doesn't affect the debts, it doesn't affect the liabilities. What it affects is the procedure under which you would go about attempting to figure out what debts are what," said Bruce Markell, a bankruptcy professor at Northwestern University Pritzker School of Law and a former Nevada bankruptcy judge.

 

U.S. Bankruptcy Judge Barry Russell in Los Angeles is slated to hear arguments on Feb. 16 over whether Girardi's brother, Robert Girardi, should be appointed guardian of both Girardi and his firm, Girardi Keese.

 

Robert Girardi said in a January court filing that his brother is incapable of understanding the bankruptcy proceedings. Tom Girardi suffers from short-term memory loss and is unable to have "a reasoned conversation" about the issues at stake, the filing said.

 

The guardianship bid has drawn opposition from Elissa Miller, the Chapter 7 trustee for Girardi Keese, and from Edelson PC, whose allegations that Tom Girardi misappropriated $2 million in client settlement funds helped spark the bankruptcies.

 

A federal judge in Chicago held both Girardi and his law firm in civil contempt in December and entered a $2 million judgment against them, finding their clients never received settlement funds they were due from Boeing in litigation over the Lion Air Flight 610 crash. He also temporarily froze their assets and referred the matter to prosecutors.

 

Both Michael Monico, a lawyer for Girardi Keese, and Evan Jenness, a Los Angeles attorney representing Tom Girardi, told U.S. District Judge Thomas Durkin in December that Girardi has competency issues. Girardi could not be reached for comment.

 

Edelson, for its part, has accused Girardi of faking incompetence, while Miller argued this week that the bankruptcy court lacks authority to appoint a guardian for Girardi Keese because it is an entity, not a person. She also questioned the need for guardian given her role as trustee.

 

In a Jan. 19 opposition filing, Edelson asserted that "Mr. Girardi's conduct over the last several months makes clear that he is not incompetent." Robert Girardi has not yet provided medical documentation supporting his "bare assertions about the debtor's mental state," Edelson wrote.

 

Robert Girardi's attorney, Leonard Peña of Peña & Soma in Pasadena, California, did not respond to requests for comment.

 

Both Edelson and Jason Rund, the Chapter 7 trustee in Girardi's personal bankruptcy, have argued in court filings that Russell should defer the guardianship question to California state courts, where Robert Girardi is also litigating the issue.

 

Los Angeles County Superior Court Judge Daniel Juarez appointed Robert Girardi as his brother's temporary conservator on Feb. 1 in a probate case.

 

Guardianship issues in bankruptcy cases are rare, said Northwestern's Markell. He said he only had two cases involving guardians during his nine-year tenure as a bankruptcy judge.

 

If Girardi was mentally incompetent when he entered into a transaction, that transaction could be set aside by a guardian or a trustee, Markell said.

 

"The problem here is that it's unclear exactly if and when he became incompetent," he said, speaking hypothetically. "If he was competent when the money was diverted, it doesn't change the liability."

 

Debtors themselves often have very little to do in their own bankruptcy proceedings, said Charles Tabb, a bankruptcy professor at the University of Illinois College of Law, aside from answering questions from creditors.

 

A guardian would allow Tom Girardi "to answer every inquiry from a trustee or creditor with a nonplussed look and a shrug of his shoulders," wrote Mark Telloyan, a bankruptcy attorney at O'Brien & Telloyan, in an email.

 

But the questions must still be answered eventually. Debtors and their representatives answer creditors' questions under oath, Markell noted, and the most a court will offer is more time.

 

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Girardi bankruptcy judge mulls guardian appointment amid competency fight 

 

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

By Alicea James

 

Erika Jayne’s husband Tom Girardi is claimed to be suffering from memory loss. Pic credit: Bravo

The news just keeps getting worse for Tom Girardi, the husband of Real Housewives of Beverly Hills star, Erika Jayne.

The estranged couple is embroiled in what is turning out to be a tumultuous split after the singer and performer filed divorce proceedings last year.

The RHOBH star also accused her husband of having an affair and, a few weeks ago, shared what she claimed was proof of his alleged indiscretions.

But, Tom Girardi has more than just a divorce to contend with.

The high profile attorney has also been wrapped up in several lawsuits filed against him. Now it’s alleged to be affecting his mental health and his family is stepping in.

Tom Girardi’s brother says he’s ‘incompetent’

A recent court appearance has revealed some shocking allegations regarding Tom Girardi’s state of mind.

Erika Jayne’s estranged husband is claimed to not be doing too well amid his divorce and mounting legal cases against him.

Matter of fact, the attorney’s brother, Robert Girardi wants a judge to appoint him as a legal guardian for the 81-year-old, as noted by the Los Angeles Times.

Robert claimed incompetence as one reason for wanting to become Tom’s guardian, and also claimed that his brother is “unable to act for himself.”

In one case, Tom is alleged to have misappropriated at least $2 million meant for his clients. During the contempt hearing, his assets were ordered to be frozen.

Now his brother has stepped in, trying to aid the aging attorney.

During a petition held on January 13, Robert told the bankruptcy judge that Tom is suffering from short-term memory loss.

“My brother is incapable of realizing and understanding the repercussions of the bankruptcy filings pending against him and his law firm Girardi Keese notwithstanding having [it] explained to him over and over and by various people,” shared Robert Girardi.

He added, “Furthermore, my brother is not capable of making rational decisions with respect to his financial responsibilities and offers solutions and opinions that are factually impossible.”

Judge denies Robert Girardi’s petition

Robert was trying to give an explanation as to why the Bravo Housewive’s estranged husband had missed the deadline to file a response — after a coalition of creditors moved to force Girardi and his law firm into involuntary bankruptcy.

However, the judge in the case was not swayed, and directed the case to proceed to Chapter 7 bankruptcy, where Tom’s remaining assets will potentially be liquidated in order to pay off creditors.

However, Tom’s 77-year old brother is not giving up. He revealed plans to take things to the Los Angeles Superior Court, and file a separate petition to be appointed as Tom’s conservator.

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