Prosecutors are pushing for the criminal case against Tom Girardi, estranged husband of reality star Erika Jayne, to go to trial despite his alleged dementia and Alzheimer’s. They argue that Girardi’s mental state is not as diminished as claimed and provided evidence of his recent activities, including visiting his law firm, handling multiple cases, and admitting fault in a voicemail. A judge has yet to decide whether the case will proceed.
Prosecutors are opposing Erika Jayne’s estranged husband Tom Girardi’s request to be found incompetent to stand trial for alleged wire fraud, arguing that his claims of dementia and Alzheimer’s are exaggerated and that evidence suggests his mental state is intact.
Prosecutors are pressing for Erika Jayne’s estranged husband, Tom Girardi, to face trial on charges of alleged wire fraud, despite his claimed dementia and Alzheimer’s diagnosis. Legal documents reveal that the government contends Girardi had no memory issues when it came to performing his regular duties in the months leading up to his diagnosis. Girardi, the former head of the now-defunct law firm Girardi Keese, and his firm were forced into bankruptcy by creditors after numerous clients accused him of obtaining financial settlements but failing to deliver the funds. Earlier this year, Girardi and his colleagues were hit with criminal charges related to the alleged embezzlement of over $18 million from clients between 2010 and 2020. Jayne, who is in the middle of a divorce from Girardi, has denied any knowledge of his wrongdoings.
The trustee overseeing the bankruptcy of Girardi Keese filed a lawsuit against Jayne, demanding she return the $25 million that the firm had spent on bills for her company, EJ Global. This legal battle remains unresolved. Meanwhile, Girardi’s defense attorneys called for a medical examination to determine if their client was fit to stand trial. As the legal complexities continued to mount, Girardi’s brother, Robert, placed him under conservatorship this year, citing a diagnosis of dementia from his doctor. However, prosecutors argue that Girardi’s mental state is sound. They assert that after years of lying to clients and misappropriating millions of dollars, Girardi is now attempting to evade accountability by claiming diminished mental capacity.
In their court filing, prosecutors question Girardi’s portrayal of his mental state as an exaggerated narrative that aims to shield him from legal consequences. They highlight evidence that Girardi remained actively engaged in his law practice until the conservatorship and that he dealt with multiple cases, negotiations, and depositions. Girardi’s long-time secretary testified that while he occasionally exhibited forgetfulness, he managed his demanding schedule without any doubts about his mental fitness. The prosecutors further cite a voicemail in which Girardi acknowledges responsibility for negligence. They argue that his short-term memory and comprehension of legal matters are intact, debunking his defense’s claims.
At present, a judge has yet to make a ruling on whether Girardi’s case will proceed, leaving room for further legal developments in this high-profile trial.