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A recent ruling by U.S. District Judge Josephine Staton in Los Angeles has determined that disbarred California lawyer Tom Girardi, aged 84, can stand trial for allegedly embezzling millions of dollars from clients. The order, issued under seal, emphasizes Girardi’s ability to face charges in the criminal case despite previous claims of dementia by his court-appointed lawyers.
Background and Charges
Tom Girardi, formerly a prominent plaintiffs’ lawyer and the estranged husband of Real Housewives of Beverly Hills star Erika Jayne Girardi, faces serious charges. Prosecutors in both Chicago and Los Angeles charged him on February 1, 2022, accusing him of embezzling over $18 million from the clients of his law firm, Girardi Keese. The charges include five counts of wire fraud in Los Angeles, eight counts of wire fraud, and four counts of criminal contempt of court in Chicago. Girardi has maintained his innocence and pleaded not guilty to all charges.
Competency Hearings and Legal Developments
Girardi’s defense team claimed he suffers from dementia, citing brain atrophy and memory loss. Competency hearings in August and September saw conflicting evidence presented by Girardi’s federal defenders and experts retained by the Los Angeles U.S. Attorney’s Office. The recent order from Judge Staton validates Girardi’s competence, prompting both sides to identify portions of the ruling that will remain under seal by next week.
Potential Constitutional Implications
The competency ruling holds significance, as convicting a mentally incompetent defendant violates constitutional due process. Legal experts, such as Michael Weinstein of Cole Schotz, warn that such a conviction could be overturned on appeal. Girardi’s defenders and the Los Angeles U.S. Attorney’s Office have yet to comment on the recent developments.
Related Cases and Legal Proceedings
The legal saga extends beyond Girardi, involving other individuals connected to his law firm. Christopher Kamon, the former chief financial officer of Girardi Keese, faces charges in Chicago and Los Angeles. Girardi’s son-in-law, David Lira, also implicated in the Chicago case, has pleaded not guilty to wire fraud and criminal contempt of court.
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Girardi’s legal and personal affairs are now managed by his brother Robert, a dentist, who did not immediately comment on the recent developments. Girardi was first accused in December 2020 of embezzling settlement funds related to the 2018 Boeing 737 MAX Lion Air Flight 610 crash in Indonesia. The government questions the timing of Girardi’s claims of mental incompetence, noting that he was placed under conservatorship shortly after the accusations surfaced.
No trial date for Tom Girardi has been set, leaving the legal proceedings in both Los Angeles and Chicago in a state of anticipation.
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