Tom Girardi — the estranged husband of Real Housewives of Beverly Hills star Erika Jayne is accused of embezzling millions of dollars from clients — reportedly swore under his breath at the prosecution, which they took as proof he understood the situation.
Tom Girardi has been cleared to stand trial after a Los Angeles federal judge declared him competent, per The Associated Press. Girardi’s purported outburst during a competency hearing was used by prosecution to argue their case.
The comes after the 84 year old was diagnosed in 2021 with Alzheimer’s and dementia in 2021. Girardi is facing this trial from accusations he embezzled more than $15 million from his clients, an additional $3 million from plane crash victims in Chicago, and a pending divorce from Real Housewives of Beverly Hills star Erika Jayne.
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It was March 2021 when Dr. Nathan Lavid, a clinical psychiatrist, presented an affidavit that Girardi suffered from “moderate” delusions and impairment, stating that he would be unable to attend court or divorce hearings on any of these matters “for the foreseeable future,” per Us Weekly.
Nearly three years later, a federal judge has decided he’s competent enough to stand trial for embezzlement, in a ruling passed down on Wednesday. This sets the stage for the disbarred attorney to face a jury.
One moment that may have played a role in this decision came in September 2023, when Girardi reportedly swore under his breath at the prosecution during his competency hearing. The moment came after two-and-a-half days of stoic silence on the part of the accused.
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On the third day of the hearing, Courthouse News reported that Girardi appeared to mouth the phrase “f–k you” to one of the federal government’s prosecutors. The moment was not seen by the public, but neither Girardi nor his attorneys denied it when the prosecution brought it to the judge’s attention.
The federal attorney argued that the purported moment served as evidence that Girardi was able to understand what was going on in the courtroom and that he knew he had “nothing to lose.”
The prosecution had already been arguing that GIrardi was either making up or exaggerating symptoms of dementia. Now, Girardi has been cleared by that federal judge to face trial for five counts of wire fraud, as well as additional federal charges in Chicago.
Jayne and Girardi have been separated since November 2020. The reaiity star has been distancing herself from her estranged husband and trying to rebuild her personal brand separately from his legal troubles.
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That will include an upcoming Bravo docuseries slated for this spring, Erika Jayne: Bet It All on Blonde, taking fans behind the scenes of her Vegas residency.
The decision to do the residency came at a time Jayne was “looking to reclaim her life both personally and professionally … in the wake of her tumultuous separation and ongoing legal battles” involving Girardi, says the docuseries’ press release.
“Tom’s behavior was bad for three years,” she says during the trailer for the series. “The s–t this man did, the fallout is great. His family, he hurt them too. Now I have to pick up and do a show. It’s not like it’s gonna get any f–king better.”
See what Jayne told TooFab about her latest project at BravoCon this past November, as well as al the details about her latest moves, in our story below.
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