A Los Angeles federal judge has found Tom Girardi competent to stand trial for allegedly embezzling millions of dollars from clients, despite his contention he suffers from Alzheimer’s disease and is unable to assist in his own defense, according to an order filed Tuesday, Jan. 2.
The 84-year-old Girardi — estranged husband of “Real Housewives of Beverly Hills” star Erika Jayne — is facing multiple counts of wire fraud, a crime carrying a potential prison sentence of up to 20 years on each count.
In a three-sentence order, U.S. District Judge Josephine Staton wrote that her full decision was filed under seal and attorneys were given five days to identify to the judge which portions of the order should remain sealed.
Staton presided over a three-day competency hearing last year to discuss Girardi’s mental state after the ex-lawyer’s attorneys alleged that because he was diagnosed with late-onset Alzheimer’s disease and dementia in March 2021 and resides in the memory ward of an Orange County nursing home, he should not be held to answer for the alleged $18 million fraud.
Prosecutors argued that Girardi is exaggerating the extent of his confusion and forgetfulness in order to appear more irrational than he truly is, a ploy that reveals both his cunningness and competency to stand trial.
Girardi’s attorney could not be immediately be reached for comment.
In the government’s post-hearing brief urging Staton to find Girardi competent to face trial, prosecutors stated that uncontested evidence presented during the hearing showed that in the months and weeks leading up to Girardi’s “precipitous purported decline,” he continued to practice law, communicate with clients, negotiate with lenders, and manage his law firm.
“Although the court heard lay witness testimony about defendant’s occasional forgetfulness and disorientation, and the government’s own expert diagnosed him with mild cognitive impairment, mere cognitive decline is not…
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