In a decisive ruling on Tuesday, U.S. District Judge Josephine Staton in Los Angeles affirmed that Tom Girardi, a disbarred California lawyer, is mentally competent to stand trial on charges of embezzling over $18 million from clients. This revelation follows Girardi’s plea of not guilty to the charges brought forth by prosecutors in Chicago and Los Angeles on February 1, 2022.
The sealed order from Judge Staton, while not disclosing specific details, unequivocally declares Girardi’s competence to face the criminal charges. The 84-year-old attorney, who gained prominence as one of the country’s leading plaintiffs’ lawyers, is accused of wire fraud in Los Angeles and faces additional charges, including wire fraud and criminal contempt of court, in Chicago.
Girardi’s defense team contends that he suffers from dementia, asserting that portions of his brain have atrophied, leading to memory loss and unawareness of his disbarment and outstanding client payments. Competency hearings were conducted in August and September, during which conflicting evidence from federal defenders and experts hired by the Los Angeles U.S. Attorney’s Office was considered.
Judge Staton has granted both sides until the coming week to identify which aspects of her ruling should remain confidential. Convicting a mentally incompetent defendant raises constitutional due process concerns and could be subject to appeal, warns white-collar criminal defense lawyer Michael Weinstein of Cole Schotz, who is not directly involved in the case.
Notably, Tom Girardi’s legal affairs are now overseen by his brother, Robert Girardi, a dentist. The estranged husband of Real Housewives of Beverly Hills star Erika Jayne Girardi is entangled in legal woes, with the Chicago case pending resolution pending the outcome of competency proceedings in Los Angeles.
The accusations against Girardi date back to December 2020 when he was initially accused of misappropriating millions of dollars in settlement funds from the families affected by the 2018 Boeing 737 MAX Lion Air Flight 610 crash in Indonesia. The government questions the timing of Girardi’s claims of mental incompetence, pointing out that he was placed under conservatorship shortly after the allegations surfaced.
Despite the legal turmoil, no trial date has been set for Tom Girardi.
