Introduction to the Case
A federal judge in downtown Los Angeles said Monday that she will sentence disgraced former legal heavyweight Tom Girardi — who was convicted of ripping off $15 million from injured clients in a long-running Ponzi scheme — to prison Tuesday rather than a treatment center for his age-related dementia.
By Fred Shuster | City News Service
The Hearing
During a nearly three-hour hearing, U.S. District Judge Josephine Staton heard testimony from two government medical experts and two defense witnesses, and ultimately determined that the U.S. Bureau of Prisons can adequately house and care for Girardi despite his cognitive impairment.
Testimony and Evidence
In an unexpected moment, Girardi — who turns 86 on Tuesday — took the stand and exhibited both confusion about the past and awareness of his current surroundings in Los Angeles federal court.
Asked by one of his attorneys, Sam Cross, if he had traveled recently, Girardi confidently responded that he had just “crisscrossed the country,” attending a meeting of the “National Academy” in New York, with stops in Oklahoma, where he said in had a “case,” and Buffalo, N.Y.
In fact, Girardi has been housed in the secure memory care section of an assisted living facility in Orange County for over two years, except for the six weeks he spent at the beginning of the year being psychologically evaluated at a federal facility in North Carolina.
Girardi’s Condition
Asked where he lives, the disbarred ex-attorney said “Pasadena,” and told his attorney that after the hearing concludes, he will go to his law firm Girardi Keese, which closed at least five years ago and is now in bankruptcy proceedings.
But questioned about any current problems, he answered, “serious memory loss.” The judge later seized on that statement as evidence that Girardi retained self-awareness and had not completely lost touch with reality.
As he was leaving the witness stand, Girardi’s trousers began to fall down, and he quickly pulled them up, which Staton later said was another indication of his awareness that he was in a courtroom and could feel embarrassment.
Sentencing Decision
In his argument, Cross asked that the judge leave Girardi in the assisted living facility where he resides, rather than send him to federal prison, where the level of care would not be adequate for his client’s needs.
However, Staton said the testimony via video Monday from both a BOP neuropsychologist and a BOP forensic psychologist — along with Girardi’s own apparent self-awareness — helped convince her that Girardi can safely be sentenced at a BOP facility.
“He will be designated to an appropriate facility,” the judge said in conclusion.
Background and Charges
Girardi underwent a six-week psychological evaluation earlier this year 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.
Prosecutors want Girardi handed a 14-year prison term for his August 2024 convictions for four counts of wire fraud.
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, “Real Housewives of Beverly Hills” cast member Erika Jayne, federal prosecutors said.
Conclusion
In conclusion, Tom Girardi’s case is a shocking example of how a prominent lawyer can fall from grace and engage in fraudulent activities, causing harm to many people. The sentencing decision will have significant implications for Girardi and his victims.
FAQs
Q: What is Tom Girardi accused of?
A: Tom Girardi is accused of stealing $15 million from injured clients in a long-running Ponzi scheme.
Q: What is the recommended sentence for Girardi?
A: Prosecutors want Girardi handed a 14-year prison term for his August 2024 convictions for four counts of wire fraud.
Q: What is Girardi’s current condition?
A: Girardi has age-related dementia and has been housed in a secure memory care section of an assisted living facility in Orange County.
Q: What was the outcome of the hearing?
A: The judge determined that the U.S. Bureau of Prisons can adequately house and care for Girardi despite his cognitive impairment, and he will be sentenced to prison rather than a treatment center.