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Credit: Faye’s Vision/Cover Images, SURQ/BACKGRID
Erika Jayne is headed to trial after being sued for $24 million by estranged husband Thomas Girardi‘s bankruptcy trustee, Elissa Miller, who claims she was in on his scheme to rob his former clients of settlement funds owed to them.
As she continues to deny wrongdoing, claiming she was in the dark about the financial crimes committed by Thomas, 85, and his now-defunct law firm, Girardi Keese, the 53-year-old Real Housewives of Beverly Hills cast member hopes to clear her name of all charges listed in the September 2021 civil lawsuit filed against her.
“She’s never going to settle,” an insider told The U.S. Sun of Erika on March 26.
According to the report, Judge Anne Hwang has been assigned to the case and a trial date is expected to be set in the coming weeks, likely for sometime after June.
In court documents filed against Erika, she was accused of using Thomas’ personal credit cards to “pay for expenses she incurred in pursuit [of] her entertainment career” from 2007 to 2020.
“In addition, the Debtor paid all of the Defendants’ billings/invoices incurred by the Defendants for services obtained or products purchased by Ms Girardi in pursuit of her entertainer/actor/singer/writer career,” the lawsuit alleged.
“The Trustee contends that Ms. Girardi knowingly and willingly participated in Mr. Girardi’s criminal enterprise and the money used to pay her business expenses were monies from that criminal enterprise,” the documents added.
In addition to Erika, the trustee sued the RHOBH cast member’s business, EJ Global, LLC. But in response, Erika’s team suggested that the payments made on behalf of the company were accounted for only as an alleged debt of EJ Global rather than herself.
“No promissory note exists to memorialize the alleged debt owing to Girardi Keese by EJ Global, LLC; and Girardi Keese was fully capable of preparing such a written memorialization of EJ Global, LLC’s alleged debt obligation but never did so,” the documents stated. “The Trustee’s above-referenced accusations that Ms. Girardi knowingly and willingly participated in a criminal enterprise are false, not supported by any evidence whatsoever, malicious, and should be stricken.”
“Not even the federal prosecutors in Mr. Giardi’s recent criminal trial (where neither side called Ms. Girardi as a witness) alleged that Ms. Girardi did anything wrong at the time, including in connection with Girardi Keese’s payments of EJ Global, LLC’s expenses,” Erika’s team added.
Erika and other witnesses are expected to be called to testify, as are yet-to-be-named experts.
As Erika prepares for trial, Thomas is awaiting his sentencing after being found guilty of wire fraud and embezzling more than $15 million from his former clients last August after a 13-day trial.
While prosecutors are seeking a 14-year prison sentence and more than $3.7 million in restitution from Thomas, his attorneys are trying to delay the sentencing due to his alleged dementia.
On Tuesday night’s RHOBH finale, Erika reflected on the downfall of her longtime partner.
“Tom was loved, he was admired, he was accomplished,” she said. “And this is how his story ended. I don’t know that I’ll ever get over that.”
The Real Housewives of Beverly Hills season 14 reunion begins airing next Tuesday at 8/7c on Bravo.
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