The prosecutors taking up Erika Jayne’s estranged husband Tom Girardi for alleged wire fraud are demanding his felony case go to trial regardless of his alleged dementia and Alzheimer’s, RadarOnline.com has realized.
Based on courtroom paperwork obtained by RadarOnline.com, the federal government mentioned, Girardi, who ran the now-defunct legislation agency Girardi Keese, had no issues together with his reminiscence of performing his regular duties within the months earlier than his analysis.
Girardi and his agency have been pushed into chapter 11 by collectors. A lot of his former shoppers claimed Girardi secured them a monetary settlement in a authorized dispute however had excuses when it got here time to pay them.
Earlier this yr, Girardi and his associates have been hit with felony prices over the alleged scheme. Jayne’s husband stands accused of embezzling over $18 million from his shoppers from 2010 to 2020.
Jayne has claimed to have had no information of her husband’s alleged misdeeds. The trustee presiding over the legislation agency’s chapter sued the fact star demanding she return the $25 million that Girardi Keese spent on payments for her firm, EJ World. The swimsuit has but to be resolved.
Within the felony case, Girardi’s legal professionals demanded their shopper be examined by a health care provider to find out if he was match to even stand trial. After the authorized drama piled up, Girardi’s brother Robert positioned him below a conservatorship in 2021, claiming his physician mentioned the once-respected lawyer had dementia.
Now, regardless of Girardi’s household claims, the prosecutors are adamant Girardi’s psychological state is sweet.
They tore into him writing, “After many years of mendacity to shoppers and misappropriating tens of millions of {dollars} from Girardi Keese (“GK”) belief accounts, defendant Thomas Vincent Girardi’s home of playing cards got here crashing down on the finish of 2020 when he and others at GK have been sued by a number of shoppers alleging the theft of tens of millions of {dollars} from their settlement funds. When information broke, different collectors, together with further shoppers who had likewise not acquired their settlements, additionally filed swimsuit. Because the strain mounted from these a number of civil lawsuits, GK was pressured into involuntary chapter by mid-December 2020. Dealing with an avalanche of civil legal responsibility and potential felony publicity, defendant’s response shifted from the info of his alleged wrongdoing to his purported diminished psychological state.”
“After being criminally indicted for his yearslong scheme, defendant makes an attempt to keep away from being held to account for his conduct by petitioning this Courtroom to seek out him incompetent to face trial,” they added.
Prosecutors mentioned his instantaneous “signs” are exaggerated — “an artfully constructed self-serving portrait of a determine purportedly so diminished as to be past the authorized system’s attain.”
In courtroom paperwork, prosecutors identified within the months main as much as the conservatorship, Girardi visited his legislation agency almost day by day and labored on a number of instances, negotiated loans, sat for a number of depositions and interviews. Girardi’s longtime secretary testified that whereas Girardi had occasional forgetfulness, he nonetheless dealt with his busy schedule and he or she by no means questioned his psychological health.
Additional, they mentioned they’ve a voicemail that Girardi left the place he admitted to a 3rd occasion that there “was some negligence right here, it’s clearly, since I’m the top of the agency, it’s my fault.? “These voicemails clarify that defendant’s short-term reminiscence, and his common appreciation of excellent authorized issues, are intact,” the movement learn.
A choose has but to rule on whether or not Girardi’s case will proceed.