Tom Girardi has been ordered to undergo a psychological evaluation to determine where he will serve his sentence following his conviction on federal fraud charges.
Lawyers for the former lawyer, whose historic settlement against Pacific Gas & Electric was featured in the Oscar-winning film Erin Brockovich, asked for a new trial in October, claiming that the 85-year-old estranged husband of Real Housewives of Beverly Hills star Erika Jayne had suffered. suffered from dementia and was unfit to stand before his conviction in August.
To determine whether those concerns are justified, U.S. District Judge Josephine Staton ordered Friday that he surrender to officials on Jan. 7 for evaluation.
Girardi will then be flown to the Federal Medical Center in Butner, North Carolina, for 30 days to see if he qualifies for incarceration at a Bureau of Prisons facility that serves severely disabled, elderly suspects.
He would then be returned to California for a hearing to determine whether he should serve his sentence in a prison or medical facility.
The disbarred attorney’s legal team argued that there was no need for their client to travel across the country for evaluation. ‘Sir. Girardi has special needs regarding his memory,” said attorney Samuel Cross.
Tom Girardi, 85, has been ordered to undergo psychological testing at a Federal Bureau of Prisons facility to determine where he will serve his sentence following his August fraud conviction (pictured in Los Angeles in August)
“We expect him to deteriorate and not do well [in Bureau of Prisons custody]. … There is no reason why this has to happen a continent away,” said Rolling stone.
Assistant U.S. Attorney Scott Paetty, however, countered that U.S. Marshals are “well versed” in transporting defendants with medical problems.
‘The suspect is outpatient. He’s not on a ventilator, he’s not on a ventilator. They can facilitate [his transportation] safe, humane and appropriate.’
Girardi was convicted of stealing more than $15 million from his clients, which he used to pay for his lavish lifestyle in August.
Staton had ruled that Girardi was competent to stand trial at the time, finding that although he suffered some mental decline, the former attorney exaggerated his symptoms and was able to contribute to his own defense.
Prosecutors have sought a 14-year prison sentence, but the defense argued that Girardi was a “broke, half-blind, incontinent, 85-year-old man with dementia” who should not spend time behind bars.
Girardi, the builder of the prestigious LA law firm Girardi & Keese, was indicted and convicted on four counts of bank fraud, each punishable by 20 years in prison.
His successful career collapsed in 2020 when he was accused of stealing millions in settlements he won for victims of the 2018 Lion Air plane crash in Indonesia.
Girardi’s lawyers have argued that their client suffers from dementia and should not be in jail. U.S. District Judge Josephine Staton ordered Friday that he surrender to officials for evaluation on Jan. 7 (pictured in Los Angeles in April 2018)
The disbarred attorney will be flown to the Federal Medical Center in Butner, North Carolina for 30 days to see if he qualifies for incarceration at a Bureau of Prisons facility that serves severely disabled, elderly suspects (pictured in Los Angeles in August )
Girardi built the prestigious LA law firm of Girardi & Keese after he and Erin Brockovich won a huge legal victory against a California utility giant. That battle inspired the Oscar-winning film Erin Brockovich (pictured in Toronto in September 2011).
Claims from that crash — which killed 189 people — are the basis for separate criminal charges against Girardi that are still pending in Chicago. He has also pleaded not guilty to these charges.
During the trial, the jury heard that the disgraced lawyer used his clients’ settlement funds “as a personal piggy bank” between 2010 and 2020.
Paetty told the jury, “Girardi Keese was a den of thieves and Tom Girardi was the thief-in-chief. Girardi Keese was a house of cards built on Tom Girardi’s lies.”
Girardi was married to Real Housewives of Beverly Hills star Erika Jayne. The couple separated in November 2020 after 21 years of marriage. Their divorce has yet to be finalized
They described how Girardi ran a massive “Ponzi scheme” in which he lied to clients and used their embezzled millions to fuel his own lavish lifestyle of private jets, luxury cars, exclusive club memberships, expensive jewelry for his third wife, ex-go-gos pay. dancer Jayne, 52, plus $20 million to fund her acting career.
Prosecutors also showed how the attorney sometimes used settlements from one client to pay others.
The couple was together for 21 years, but their divorce – filed by Jayne shortly after the Lion Air allegations – has been delayed since Girardi Keese filed for bankruptcy in 2021 with more than $100 million in debt.
Jayne never showed up for the trial of her soon-to-be ex-husband.