Erika Jayne Dismissed From Fraud, Embezzlement Lawsuit Against Tom Girardi

The plaintiff’s attorney vows to carry on his clients' legal fight and refile in California

Erika Girardi
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Erika Jayne is off the hook, at least in Illinois.

"The Real Housewives Of Beverly Hills" star has been dismissed from her estranged husband Tom Girardi's embezzlement and fraud lawsuit, according to court documents filed in the state on Jan. 29.

"Pursuant to stipulation, plaintiff's claims against defendants EJ Global LLC and Erika Girardi are dismissed without prejudice and without costs," according to the filing, obtained by E! News.

Shortly after the decision was made, Jay Edelson, an attorney for the plaintiffs in the case, took to Twitter to vow to carry on his clients' legal fight.

"We have not stopped pursuing @erikajayne, just switching courts," he explained in one post. "We believe we can prove she benefitted from Tom's ponzi scheme."

In another Twitter post he wrote, "@erikajayne has one strategy: throw up as must dust as possible. That can work on #RHOBH. It doesn't work when someone is under oath in a court proceeding."

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He also said that the lawsuit, filed by Edelson PC, is "being refiled in California" to "avoid fights over jurisdiction."

"No chance we are letting @erikajayne off the hook, especially given the evidence we have found," he continued in another tweet. "All money will go fully to the victims until they are made whole."

Jayne's attorney Evan Borges released his own statement on Saturday praising the court's decision and further defending his client.

"While Edelson retains the right to re-fie in California, the dismissal of Erika from the federal lawsuit that triggered bankruptcies of Girardi Keese and Tom Girardi is extremely important," he said. "For example, the recent three-day evidentiary hearing in the Boeing case showed that Erika had ZERO role in what GK and Edelson discussed, did, and didn't do, whether as between each other or as to their clients. In fact, I'm informed Erika's name didn't even come up at the hearing."

He continued, "I'd like to see Edelson and everyone else take the high road going forward and not make accusations against Erika without evidence. We want Edelson to get the most complete picture of the evidence as possible, and have no issue with further investigation. But the truth matters. Here, the truth is that Erika had no role in the Lion Air dealings, actions, or inaction as between the attorneys and their clients, and she never received any of the Lion Air client settlement funds."

In October 2018, a domestic flight operated by the Indonesian airline Lion Air crashed into the Java Sea after takeoff, killing all 189 passengers and crew on board. In the original civil lawsuit, filed in December 2020, Giardi, 82, and Jayne, 50, were accused of embezzling $2 million from a Boeing 737 Max airplane crash settlement fund. Girardi's firm represented nearly a dozen families in the litigation and Edelson was brought on as local counsel to assist in the settlement process.

Jayne was named in the complaint because the plaintiffs' firm alleged that Girardi embezzled the money "in order to continue funding his and Erika's lavish Beverly Hills lifestyles."

"By all accounts, Girardi keeps engaging in fraud and deception in order to support a never-ending spending spree by himself and Jayne," the lawsuit stated.

The docs also accused the former couple of using their divorce "as simply sham attempt to fraudulently protect Tom and Erika's money from those that seek to collect on debts owed by Tom and his law firm GK."

Following the lawsuit, the couple's assets were subsequently frozen. One month prior, the "Expensive" singer had filed for divorce from the famed lawyer after 21 years of marriage.

Giardi was officially disbarred by a California judge on Aug. 20, documents filed under the Central District of California and obtained by E! News showed.

Jayne is currently filming the 12th season of "RHOBH" alongside returning co-stars Kyle Richards, Lisa Rinna, Dorit Kemsley, Garcelle Beauvais, Sutton Stracke, Crystal Kung Minkoff and Kathy Hilton and newcomers Diana Jenkins and Sheree Zampino.

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