Erika Jayne is being accused of committing a crime by the trustee presiding over the bankruptcy case against her estranged husband, Thomas Girardi.
As the Real Housewives of Beverly Hills cast member attempts to regain possession of a pair of $750,000 earrings, which were purchased for her by Thomas in 2007 (with funds meant for former clients) and are now worth an estimated $1.4 million, lawyers are opposing her appeal in hopes of moving forward with an auction set for December.
“Thomas V. Girardi (“Girardi”) is a disgraced and disbarred attorney who embezzled millions of dollars from settlement funds deposited in his law firm’s client trust accounts, over a span of years,” the trustee began in a filing obtained by Radar Online on November 1. “Mrs. Girardi has neither a legal nor equitable claim to the Earrings and, therefore, lacks standing to assert her claim.”
According to the trustee, Erika’s ongoing fight for the earrings is a crime.
“Her refusal to turn over the stolen property upon demand when told of its status is a crime, freshly committed, under California’s Penal Code § 496 (a); and, under § 496 (c) subjects her to treble damage civil liability,” they stated, proceeding to accuse Erika of attempting to keep the jewelry to “maintain her ‘rich & famous’ lifestyle.”
The trustee wants the earrings to be sold off at the December 7 auction so that he can repay the many victims Thomas has ripped off over the past several years, many of who have filed lawsuits against both him and Erika, accusing them of using their settlement funds from past lawsuits to sustain their lifestyle.
While a higher court has yet to rule on the matter, attorney Ronald Richards has offered additional insight on Twitter.
“Here is the Trustee’s response brief for the [Erika Jayne] earrings appeal. It is a hard-hitting brief accusing Erika of committing a crime by failing to immediately turn over the earrings,” Ronald wrote in a tweet on November 1.
Ronald then posted a quote from the filing and shaded the RHOBH castmate for using money from her benefactor to appeal the matter even though the proceedings are ongoing.
“Here is one main brief arg: ‘The sale is to take place on December 7, 2022. The unstayed authorization of the unstayed sale renders Mrs. Girardi’s appeal moot.’ Sale ord. below,” he tweeted. “Why is [Erika Jayne] taking money from her benefactor to pay for this appeal w/o a stay? Makes no sense.”
Erika has maintained her innocence throughout the ongoing proceedings against Thomas.