Showing posts with label senile. Show all posts
Showing posts with label senile. Show all posts

Sunday, August 27, 2023

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

Sunday, October 3, 2021

Tom Girardi’s Bankruptcy Trustee Set to Collect $40 Million for Victims and Creditors as RHOBH Attorney Receives 24/7 Care at “Skilled Nursing Facility”

by Lindsay Cronin
 

Thomas Girardi
‘s fraud victims might be receiving payments sooner, rather than later.

Nearly one year after the former Real Housewives of Beverly Hills attorney was forced into an involuntary bankruptcy by his creditors, who he owed tens of millions, the trustee presiding over the case has collected over $4 million and reportedly has tens of millions more on the way as prepares to repay those owed.

According to court documents obtained by Radar Online on September 30, the business affairs of Thomas, the estranged husband of Erika Jayne, were in “dire straits” when the trustee took over the estate. But now, as the trustee explained in his update on the case, he’s reached deals with Girardi’s secured creditors and has gathered $4.2 million in cash.

While the trustee is certainly off to a good start, he has struggled at times to work through the system at Thomas’ defunct firm and has had to pay former employees to help him. Following a previous request of the court, the trustee was granted the ability to spend between $166,000 and $276,000. Months later, he needs more.

“The trustee continues to diligently work to identify assets of the debtor, and this process is ongoing. Without continuing access to funds, the Trustee is unable to fund a proper investigation of the Debtor’s affairs and to preserve and maximize the value of the Estate,” the trustee’s court documents explained.

In the months since Thomas was forced into bankruptcy, most cases he was handling were either dropped by the client or transferred to another firm. And, when it comes to the cases transferred, a number are still pending and expected to bring the estate more cash in the near future.

One particular lawsuit, filed against SoCalGas over a gal leak, recently reached a $1.8 billion settlement, which is expected to bring in tens of millions as Thomas represented 23% of the plaintiffs.

The settlement will “eventually result in a significant recovery for the Estate,” the trustee shared.

Attorney Ronald Richards also shared this positive update on the case, confirming that the trustee has secured over $40 million for Tom’s victims and creditors, outside of the $25 million they are currently trying to recover from Erika Jayne.

In other Thomas Girardi news, the former attorney‘s brother, Robert Girardi, who is acting as his permanent conservator, recently filed documents with the court in which he confirmed Thomas has been living in a “skilled nursing facility” for two months and receiving 24-hour care.

“[Thomas] cannot stay in his home due to his finances, and care needs,” the documents explained, via PEOPLE. “Tom is the subject of an involuntary bankruptcy proceeding and a marriage dissolution proceeding. As a result, his home was put up for sale. Furthermore, Tom’s care needs are such that he needs to be at a skilled nursing facility.”

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Friday, March 12, 2021

Thomas Girardi DISBARRED, Senile & Homeless Amid Fraud Allegations!

AATT Staff

Tom Girardi

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. 

Erika Jayne

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.

Tom Girardi

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.

Tom Girardi

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.

Erika Jayne

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.

Erika Jayne

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.”

Tom Girardi

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

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Friday, August 21, 2020

Coronavirus: 'The care home lockdown sent my senile grandad into spiral of decline'

By Tom Brada

Image copyright Family handout
Martin and Gwen recent

As I wheeled my grandad Martin up the ramp and into a taxi which would take him away to the care home, I repeated the white lie my family had agreed might make this painful scenario slightly easier.

"You're going to see the physio who will look after your leg and then you'll be able to get better." 

Thankfully his dementia meant that he couldn't fully understand what was happening or where he was going. In fact, he seemed to quite enjoy the novelty of being outdoors for the first time in months. But my granny and I were raw with emotion. 

Grandad, nonplussed as to why I might be crying, instinctively reached out to stroke a part of my cheek not hidden behind my face mask. Granny blew him a final kiss and the taxi pulled away, leaving me, Granny and my brother-in-law silent in the middle of the street, awash with guilt and relief. 

Well into his 80s, my grandad still looked immodestly young and was frequently challenged for his pensioner ID when boarding a bus. During retirement he spent many years volunteering at an elderly care home, caring for people who were often much younger than him. 

But as his 10th decade arrived, so did dementia and things started to fall apart. He'd lose track of his words mid-sentence. Making a cup of tea became a challenge. One time the fire brigade descended after he fed a cracker into the toaster. Family rescue efforts were appreciated by my 92-year-old granny, but in truth they were just stop-gaps - like fixing plasters on a broken leg. 

"Ageing isn't for sissies," she warned me. 

When lockdown began, the situation only worsened. Grandad had no understanding of the virus and the changes and restrictions it brought. In late June, my grandparents quietly celebrated their 70th wedding anniversary. Just three days later, Martin moved into a care home. The decision was agonising, but by that point, unavoidable. 

Our family's situation is not uncommon: more than 300,000 people with dementia are living in care homes across the UK, according to Alzheimer's Research UK. Covid guidelines, which allow limited visiting, at a distance, are designed to keep this vulnerable community safe. But the flipside is families being kept apart from their loved ones, unable to do anything to counter their decline.
Image copyright Family handout Julia Hailes and mother Minker
Image caption Julia Hailes with her mother, Minker: "It felt like I'd lost her"
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Julia Hailes, a writer who lives in Dorset, has struggled to remain in meaningful contact with her 90-year-old mother, Minker. Minker's worsening dementia meant her move to a care home was, at first, a lifeline for her family. But the pandemic has changed everything. 

"Before lockdown I would visit mum and she still knew who I was. I'd go and read her poems, we'd sit and listen to music," says Julia. "Now everyone's being kept in their rooms. It's vital for people with dementia to have structure in their day, so that isolation is in some ways worse than death." 

Video calls often do little for those with dementia. The notion of holding a "moving picture" of a loved one, as they talk, sounds promising. But it can be a hollow, even disturbing experience. 

"Mum's care home introduced FaceTime calls, which I did a few times," says Julia. "But it was horrendous. What good is that when someone is in such a confused state? Part of how I connect with her is holding her hand and giving her a kiss. Weeks later I was eventually allowed to visit Mum in the garden. By that point it felt like I'd lost her - she wasn't even able to speak anymore."
Image copyright Family handout Tom Brada with his grandad
Image caption Tom Brada, and his grandad Martin
Dr Hilda Hayo, of the charity Dementia UK, says for people with dementia, technology is no match for human interaction. 

"Physical contact is such an essential tool in looking after someone with dementia. If someone is agitated, stroking their hands or putting your arm around them can be really helpful. So, for families, not being able to do that is really damaging." 

This resonates with my own grandad's experience. Video calls left him more confused than when we'd begun; he could scarcely focus on the screen and struggled to understand where our voices were coming from. The only thing which seemed to cut through was the repetition of a simple message, "I love you, Martin". To which he could still reflexively respond, "I love you too, Bubala." 

By the time his home was able to permit visitors, his stark decline was clear to my granny. Sunken-cheeked and unable to speak - he was barely recognisable as the man who had left their home just six weeks before. 

The dementia of Philippa Thomson's mother, Marjorie, is so advanced Philippa knew better than to attempt a video call. Before lockdown her in-person visits to the care home would have a restorative effect on her mother. 

"We would do relaxing things like colouring in or simple jigsaw puzzles," she says. "I would sit and hold her hand, or brush her hair. And over two-and-a-half to three days, I would see her coming alive." 

Government guidelines in England only allow for one person to visit each resident indoors; two if it's outside. But with two older sisters, Philippa has recently been unable to see her mother. 

"The carers are amazing, but no matter how good they are, they can't offer that same intimacy or affection. I do feel a huge amount of guilt and frustration. My mother is 97 years old and it's not any kind of life that she's got."
Image copyright Mark Harvey Donna Pierpoint
Image caption Donna Pierpoint, care home manager
Care homes have borne immense pressures over the past few months. Aware of the burden on both the residents and their families, many made great efforts to maintain a thread of communication. Donna Pierpoint, the manager of a nursing home in Sheffield, described her role in restricting family visits as being "a cross between a prison governor and a headteacher". 

In the meantime she's focused the home's efforts on keeping residents as well looked after as possible.

"If someone is being isolated in their room then, you've got to take the stimulation to them," says Ms Pierpoint. "Our staff will go to their rooms and read letters from their family, go through old photographs." 

She sends out a weekly email to keep relatives in the loop and uses social media. 

"We post pictures on Twitter, Facebook and Instagram. We celebrated VE-Day on May 8th. We had a wonderful day and posted pictures so our residents' families could see we were having a good time."

On 1 August my grandad died at his care home. The majority of his 92 years were happy ones, but his final months were not. The home came to the rescue for my family at our time of need and looked after my grandad wonderfully in gruelling circumstances. 

But as relatives, there's a lingering guilt that we were unable to provide that support ourselves. We did everything we could to let my grandad know how much he was loved. But we cannot shake the sense that the lack of our loving physical presence may have worsened his decline.

Full Article & Source:
Coronavirus: 'The care home lockdown sent my senile grandad into spiral of decline'