REAL Housewives of Beverly Hills star Erika Jayne still hasn't escaped her past with disgraced ex-husband Tom Girardi, as she's headed to trial in a civil lawsuit, The U.S. Sun can reveal.
Jayne, 53, is being sued for more than $24 million in a civil lawsuit brought by Girardi's bankruptcy trustee, Elissa Miller.
5
5
Girardi was found guilty last year of four counts of wire fraud after being accused of embezzling $15 million from clients in a "10-year Ponzi scheme."
Miller filed the suit against Jayne in September 2021, claiming she knew that her estranged husband's firm, Girardi Keese, was secretly paying her expenses between 2007 and 2020.
Jayne, who has never been charged with a crime, has always denied any wrongdoing, insisting she was left in the dark about her ex's dodgy business dealings.
Now, The U.S. Sun can reveal a Judge Anne Hwang has been assigned to the case and a trial date will soon be set in District Court.
A source with knowledge of the case said, "She's never going to settle," adding that the trial will likely take place after June.
The trustee argued in court docs that Jayne used Girardi's personal American Express credit cards "to pay for expenses she incurred in pursuit for her entertainment career.
"In addition, the Debtor paid all of the Defendants' billings/invoices incurred by the Defendants for services obtained or products purchased by Ms Girardi in pursuit of her entertainer/actor/singer/writer career."
Miller's legal team also claimed the charges and invoices were paid for by Erika's ex and recorded on his books and records as advances (loans), and the amount exceeded $24,0000.
Erika Jayne sobs she was 'on the verge of suicide' after fall from grace over ex Tom Girardi's fraud accusations
ERIKA'S DENIAL
"The Trustee contends that Ms. Girardi knowingly and willingly participated in Mr. Girardi's criminal enterprise and the money used to pay her business expenses were monies from that criminal enterprise," the docs add.
Miller is suing Jayne, along with her businesses EJ Global, LLC, a limited liability company, and Pretty Mess, Inc., a corporation.
Jayne's legal team hit back that the payments were booked and accounted for solely as an alleged debt of EJ Global, not an individual liability or debt of the reality star.
They further claim, "No promissory note exists to memorialize the alleged debt owing to Girardi Keese by EJ Global, LLC; and Girardi Keese was fully capable of preparing such a written memorialization of EJ Global, LLC's alleged debt obligation but never did so.
"The Trustee's above-referenced accusations that Ms. Girardi knowingly and willingly participated in a criminal enterprise are false, not supported by any evidence whatsoever, malicious, and should be stricken.
"Not even the federal prosecutors in Mr. Giardi's recent criminal trial (where neither side called Ms. Girardi as a witness) alleged that Ms. Girardi did anything wrong at the time, including in connection with Girardi' Keese's payments of EJ Global, LLC's expenses."
They added that Erika's only mistake was "trusting her then-husband, an ostensibly successful and sophisticated attorney."
Court documents show a small witness list for both sides including Miller and Jayne, while experts will be disclosed in the coming weeks.
Plaintiffs are also expected to call Nicholas R. Troszak, managing director of Development Specialists, Inc., who has more than 20 years of experience in bankruptcy, forensic/investigation accounting, and litigation support, according to an online bio.
EX-HUSBAND GUILTY
Erika opened up about her divorce from Girardi and her legal issues in an episode of Real Housewives late last year.
She filed for divorce from her husband of 21 years in November 2020, and it is still not finalized.
"It'll be four years in like two weeks that I left home and everything happened. Yeah, four years. So in that four years I've been able to accept a lot of things, heal through a lot of things, and I will continue to do that," Erika said on the show.
"And I'm almost — I'm not completely out of the woods, I'm still being sued in a lot of places — but those things will resolve.
"It just kind of ... it is what it is," she added.
"I just try to maintain the healthiest attitude possible going forward."
Meanwhile, a federal jury found her estranged husband guilty in August and he is awaiting sentencing.
He still owes millions to victims and creditors, according to court documents.
Girardi suffers from dementia but was deemed able to assist in his defense and even took the stand.
Charles Snyder, a deputy federal public defender, argued to the jury that his client's cognitive impairment worsened over the years.
But Girardi, 85, was found guilty after a trial lasting 13 days.
His lawyers are now attempting to delay a hearing on his mental health ahead of his sentencing.
Prosecutors are seeking a 14-year prison sentence and over $3.7 million in restitution.
Jayne admitted in the March 25 finale of Bravo's Real Housewives of Beverly Hills that she "never saw this coming."
"Tom was loved, he was admired, he was accomplished," she said.
"And this is how his story ended. I don't know that I'll ever get over that."
5
5
5
