Erika Jayne's ex Tom Girardi, 86, reports to prison to begin 7-year sentence amid dementia battle
DailyMail.com can confirm that the 86-year-old disbarred trial attorney, who was once one of the most powerful figures in California 's legal world, became inmate 43156-510 after surrendering Thursday to the Metropolitan Detention Center in Los Angeles.
The attorney — whose Real Housewives of Beverly Hills star ex filed for divorce in 2020 after 21 years of marriage — was indicted in February 2023 for embezzling more than $15 million from his own clients at Girardi Keese.
He pleaded not guilty to five counts of wire fraud but was convicted earlier this year.
His legal team had tried to keep him out of prison, arguing that Girardi, who was diagnosed with late-onset Alzheimer's and dementia, should serve his sentence at a long-term care facility instead — but the request was denied.
Now, it remains unclear how the prison system will handle Girardi's cognitive decline during his seven-year sentence.
Determining the right facility for an inmate with mental or physical health issues can take weeks or even months, and officials declined to say where Girardi might ultimately be placed, per LA Times.
Girardi turned himself in after his legal team argued that sending the disgraced lawyer to prison would be a 'de facto death sentence' for a man who no longer even remembers the crimes he's being punished for.
'For Tom Girardi, there can be no meaningful punishment,' Deputy Federal Public Defender Samuel Cross said at his sentencing hearing in June.
But U.S. District Judge Josephine L. Staton wasn't swayed, citing expert evaluations that concluded Girardi still had the cognitive ability to function independently in day-to-day life.
'He currently retains his independence as to his activities of daily living,' she said, ruling that prison was the appropriate consequence.
Girardi's mental health has been the subject of fierce debate since 2020, when his law empire collapsed amid accusations of financial misconduct.
A Long Beach psychiatrist diagnosed him with Alzheimer's, prompting his brother to place him under a conservatorship — but prosecutors suspected Girardi was faking the extent of his decline.
Even federal neuropsychologist Dr. Tracy O'Connor Pennuto, who evaluated Girardi during a six-week stint at Butner prison hospital, determined that while he wasn't malingering, he did suffer from 'moderately advanced dementia' with signs of Alzheimer's.
Girardi turned himself in after his legal team argued that sending the disgraced lawyer to prison would be a 'de facto death sentence' for a man who no longer even remembers the crimes he's being punished for
She testified that his long-term memory remained mostly intact, but his short-term recall was impaired.
'He will not improve,' Pennuto warned. 'He will continue to decline over time.'
Girardi was accused of stealing settlement funds from numerous clients, including families of victims of the 2018 Lion Air crash, and using the money to bankroll his and Jayne's opulent lifestyle.
While his crimes have left deep scars, Jayne has been largely cleared of any involvement and was dismissed from related lawsuits.
The Real Housewives of Beverly Hills star, 54, has since moved on romantically and is now dating retired U.S. Army Special Ops agent John 'Shrek' McPhee — though her divorce from Girardi has yet to be finalized.
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