Thomas Girardi has been accused of fraud again.
Almost one week after Thomas’ brother, Robert Girardi, requested that the bankruptcy judge appoint him as his brother’s guardian, Jay Edelson, the founder of Edelson PC, has filed a motion opposing the appointment by calling it a “fraud on the court.”
“Breaking: Edelson opposes appointment of Robert Girardi as a guardian. Provides testimony which basically shows a fraud on the Court by Girardi,” attorney Ronald Richards revealed on Twitter on January 19.
Breaking: Edelson opposes appointment of Robert Girardi as a guardian. Provides testimony which basically shows a fraud on the Court by Girardi. #RHOBH #GIRARDIFRAUD. The declaration is attached below as well as a quote: pic.twitter.com/43H0sje9m9
— Ronald Richards (@RonaldRichards) January 19, 2021
Robert initially claimed that his brother, Thomas –who is currently in the middle of a divorce from Real Housewives of Beverly Hills star Erika Jayne, Chapter 7 liquidation, and several lawsuits — “is incompetent and unable to act for himself” because he’s suffering from short-term memory loss.
“My brother is incapable of realizing and understanding the repercussions of the bankruptcy filings pending against him and his law firm Girardi Keese notwithstanding having [it] explained to him over and over and by various people,” Robert said. “Furthermore, my brother is not capable of making rational decisions with respect to his financial responsibilities and offers solutions and opinions that are factually impossible.”
Jay is claiming Thomas’ alleged mental condition is another sham because the 81-year-old attorney had no issues when he was still communicating with Jay and his staff as recently as December 2020, and he was “well aware of what he was doing.” He also reveals how the attorney allegedly attempted to continue stringing them and his clients along, but as soon as they accused Thomas of lying during a phone call, he hung up the phone.
“In hindsight, it became clear to us that Mr. Girardi was engaged in a sophisticated scheme to use client funds for improper purposes, such as to pay off his own creditors,” the document reads. “His communications with us in the months before we filed our show cause motion were calculated to further that scheme. He regularly demonstrated a command of the facts, and when we inquired about when our clients would receive their settlement monies, he regularly provided enough assurances to convince us that more drastic action was unnecessary, but remained general enough to avoid committing himself to any course of action. I take from these conversations that Mr. Girardi was well aware of what he was doing, and that it was wrong.”
“After we filed our motion, Mr. Girardi continued to contact our firm, in an apparent effort to resolve the matter without a contempt proceeding,” the document continues. “The communications, which occurred in December 2020, further showed that Mr. Girardi understood the nature and consequences of his actions and continued to demonstrate a command of the facts of the litigation.”
Jay says there was never even a concern about Thomas’ health, not even from his partners. He believes that once U.S. District Judge Thomas Durkin announced he was referring Thomas for a criminal investigation regarding the embezzlement claims, that’s when Thomas allegedly concocted the mental incompetency defense.
“During this time I also had discussions with some of Mr. Girardi’s law partners. Consistent with my impressions, no one raised the possibility that Mr. Girardi might be suffering from any issues that would prevent him from understanding the litigation or anything else. In fact, to my knowledge, this possibility was not raised until Mr. Girardi hired counsel and was faced with the possibility of criminal charges for his conduct.”
According to Ronald Richards, this latest alleged “fraud” will likely be referred for further investigation as well.
“Judge Russell will never allow such a fraud. This should referred to the US Bankruptcy Trustee for further investigation,” Ronald tweeted.
Photos Credit: Sheri Determan/WENN, Vince Flores/startraksphoto