Tom Girardi suffers medical ’emergency,’ will be absent from court hearing
Tom Girardi suffers medical ’emergency,’ will be absent from court hearing
Convicted former legal heavyweight Tom Girardi suffered a medical emergency and was expected to be hospitalized for several days, meaning he would be absent from a court hearing Thursday in downtown Los Angeles initially set to discuss his mental health.
The 85-year-old defendant was taken from the memory-care facility where he lives to a hospital emergency room by paramedics on Wednesday, and ultimately admitted to the hospital, according to Samuel Cross, one of Girardi’s attorneys, who filed a declaration with the court.
Girardi is suffering from a liver ailment and will likely remain in the hospital for several days, defense attorneys wrote.
An evidentiary hearing initially scheduled in Los Angeles federal court for Thursday afternoon — when two psychologists were expected to testify via Zoom — was vacated, and a status conference with attorneys will take place instead, U.S. District Judge Josephine L. Staton stated in a court order.
When queried, Girardi indicated he did not wish to waive his right to appear at the evidentiary hearing, the judge wrote. It is expected the hearing will be reset or continued for one or two weeks.
The hearing was originally set to discuss the mental health of Girardi, who has yet to be sentenced for ripping off $15 million from injured clients in a long-running Ponzi scheme. The judge is expected to decide whether Girardi is suffering from a mental disease or defect that requires placement in a suitable medical care facility rather than prison.
Girardi underwent a six-week psychological evaluation earlier this year at a federal medical facility.
The disbarred ex-attorney spent about 45 days at FMC Butner, a federal prison in North Carolina for male inmates who have special health needs, in order to determine his level of cognitive impairment before he is sentenced.
Prosecutors want Girardi handed a 14-year prison term, while defense attorneys are pushing for Staton to place the defendant in a care facility for the rest of his life following his August 2024 convictions in Los Angeles federal court of four counts of wire fraud.
The U.S. Bureau of Prisons submitted its roughly 30-page evaluation of Girardi in March. The report — which is not available to the public — “is neither complex nor voluminous … and does not recommend further testing or evaluation of defendant,” Assistant U.S. Attorney Scott Paetty wrote.
It is expected that once the mental health evaluation is discussed in court, Staton will set a sentencing date.
The judge ordered Girardi transported to Butner after granting a defense motion in December to explore whether Girardi’s symptoms of mental decline rise to the degree where hospitalization is more suitable than a prison cell. Federal prosecutors have urged “a significant custodial sentence” at a BOP correctional facility that offers appropriate health services, if warranted.
The government argues that there is no reasonable cause to believe that Girardi’s mental condition requires hospitalization, prosecutors wrote in court papers late last year.
“The parties, and the court, agree that defendant shows some signs of cognitive impairment,” prosecutors wrote. “However, the court on numerous occasions noted that defendant has exhibited signs of malingering and has shown the ability to engage in sophisticated conduct designed to exaggerate the symptoms of mental decline for his own benefit. As a result of this malingering, it is difficult to accurately determine defendant’s true level of impairment.”
Girardi has been housed in the secure memory care section of an assisted living facility in Orange County, as opposed to a hospital, since June 2022, prosecutors said.
The U.S. Attorney’s Office has requested that Girardi be sentenced to federal prison for stealing millions from clients. The defense countered that he is a “broke, half-blind, incontinent, 85-year-old man with dementia” who should instead be placed in a locked medical facility for the rest of his life.
Once ranked among the most successful and prominent lawyers in the country, Girardi stole millions from clients and spent the money on private jets, golf club memberships, jewelry and the career of his now-estranged wife, former “Real Housewives of Beverly Hills” star Erika Jayne, federal prosecutors said.
In a money judgment of forfeiture, Staton ordered Girardi liable for almost $3.8 million in restitution for perpetrating what prosecutors call “a cunning fraud scheme against the injured clients he had a sworn duty to protect.”
Girardi’s “yearslong theft of client funds from his law firm’s trust accounts and the myriad lies he told to cover up his theft represent a calculated and devastating betrayal of the very people that turned to him for help in their darkest hour,” prosecutors wrote.
Formerly known as a defender of the powerless in class-action lawsuits against corporations, Girardi represented plaintiffs in a number of high-profile cases, including Bryan Stow’s civil suit against Major League Baseball. Stow was the San Francisco Giants fan who sustained severe injuries during a brutal attack in a Dodger Stadium parking lot in 2011.
Girardi also represented plaintiffs in the toxic groundwater case against Pacific Gas & Electric Co. that was dramatized in the Oscar-winning 2000 Julia Roberts movie “Erin Brockovich.”
Girardi was convicted in August 2024 of running the massive 10-year scheme in which prosecutors said he siphoned at least $15 million in settlement funds from four clients. Girardi showed no visible reaction as the verdicts were read in Los Angeles federal court. He suffers from some degree of dementia by all accounts but was deemed able to assist in his own defense during the trial, and he even testified.
Chris Kamon, 51, the former accounting chief at Girardi’s now-defunct law firm Girardi Keese, was sentenced last month to over 10 years behind bars for enabling the embezzlement of millions of dollars from the firm’s clients and for embezzling money from the downtown Los Angeles firm itself. Staton ordered Kamon to forfeit $3.1 million to the United States as part of his plea deal after pleading guilty in October 2024 to two wire fraud counts.
Girardi’s estranged actress wife filed for divorce in November 2020 after a 21-year marriage. Following the split, the couple listed their Pasadena home for sale at a price of $13 million. Jayne has not been charged in the case against her husband.
After Girardi was disbarred in 2022, the State Bar of California reported it had received 205 complaints against him alleging he misappropriated settlement money, abandoned clients or committed other serious ethical violations over the course of his four-decade career.
Girardi Keese collapsed in late 2020 after Girardi was accused in a lawsuit of embezzling money meant for clients the firm was representing in litigation over an airplane crash in Indonesia.
Girardi is in bankruptcy proceedings, as is the now-shuttered Wilshire Boulevard law firm that bore his name and that faces more than $500 million in claims.
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