RHOBH’s Erika Jayne should go to jail for refusing to hand over $750,000 worth of earrings

RHOBH’s Erika Jayne “should go to jail” for refusing to turn over her $750,000 earrings in her husband’s bankruptcy case, the trustee has claimed.

The Bravo star is being asked to turn over a pair of diamond earrings worth about $1.4 million from her ex Tom Girardi in a lawsuit filed by a trustee for his company Girardi Keese.

Erika Jayne has been dragged into her ex's bankruptcy case after he allegedly stole from his law firm

5

Erika Jayne has been dragged into her ex’s bankruptcy case after he allegedly stole from his law firm
The 50-year-old star is fighting in court to keep her $750,000 diamond earrings

5

The 50-year-old star is fighting in court to keep her $750,000 diamond earrings

Her ex, whose health has been deteriorating rapidly, was forced into bankruptcy along with his law firm in 2020 as court documents show there are over $500 million in claims from creditors.

Last week, Erika claimed she was struggling financially and might have to give up the earrings to pay millions in back taxes as she was sent another stunning bill.

But the trustee has fought back, filing a lengthy response late Tuesday claiming: “Your conduct appears to be a new crime.

“She may also be held civilly liable for the value of the diamond earrings, plus statutory interest and punitive damages, which with prejudice interest could easily amount to $5.4 million.”

RHOBH star Erika Jayne slammed new tax bill for MILLIONS but insists she can't pay
Tom Girardi DISCLAIMED to pay $2 million to plane crash victims

The court documents continued: “Ms Girardi stated in her statement that she first learned of her husband’s embezzlement when the issue arose in this case – November 2021.

“At that time Ms. Girardi was obliged to return the earrings to the trustee. She didn’t, and the trustee was forced to submit her application.

“Mrs. Girardi’s reply, because of the passage of time, she is allowed to keep the fruits of the embezzlement.

They go on to cite laws providing that “any person who withholds any property from the owner…knows that the property is about to be stolen…shall be punished by imprisonment in a county jail for a period not exceeding one year or imprisonment under subsection ( h) Section 1170.”

Both Erika and her ex are not currently facing a criminal investigation related to the embezzlement claims.

Erika argues that they are not entitled to recover the stolen property [cash in the firm’s trust account that was wrongfully taken] because the trust funds are not owned by the bankruptcy estate.

But the trustee insists: “That’s not true. An attorney’s escrow is an express trust.

They continue to hit back at Erika’s claim that the statute of limitations has expired.

Trustee fights back

The Trustee insists: “Ms Girardi’s statute of limitations argument misses the point as it fails to address the complexities of an overall settlement and the attorney/trustee’s duties to account to the beneficiaries in paying the proceeds of a recovery in the context of a class tort claim .”

The money used to buy the earrings came from cash payments allegedly made to a group of people who “suffered serious health problems from using the drug Rezulin.”

Attorney Ronald Richards, who formerly represented Chapter 7 trustee Elissa Miller and is a creditor of the estate, told The Sun this week: “The statute of limitations for customer theft from an escrow account begins on the date of discovery. The case law applies a more specific probate code instead of the general fraud law.

“The statute of limitations is lifted. Erika’s statute of limitations lapses upon a motion to dismiss. Ironically, the same law firm involved in the Opinion cited by the Trustee is representing David Lira, son of Thomas Girardi -law.

“They had made the same argument on the statute of limitations and lost in the Court of Appeal.

“Erika Girardi must return the earrings to the trustee while it is clear they were purchased with stolen customer money. She must not keep the fruits of the crime.

“Moreover, the trustee takes the aggressive position that by refusing to return the fruits of the crime, she is committing a crime herself. This would of course set a new statute of limitations in motion. There is nowhere else Erika can submit this application but downhill.”

TAX LIABILITIES

In a statement Erika, 50, filed last week, claimed her business manager received another income tax bill due from the California Franchise Tax Board in late May that said she owed $2.2 million in taxes for 2019.

“I am in the process of figuring out the basis of this tax bill with the help of my manager who is also an accountant,” she wrote. “I am unable to pay the FTB tax bill.

“I also do not know if the FTB is claiming any lien on my assets, which include the diamond earrings,” the documents read.

Court records show Tom Erika, 50, bought the earrings as a gift around 2004 or 2005, but they were stolen about a year later.

She claims her family’s home was searched one night as they went out to dinner and she left the earrings in a crystal container in her bathroom.

Erika claims the earrings were stolen and weren’t insured so Tom, 83, replaced them with a replica pair, adding: ‘I had no reason to doubt or question the source of the funds raised for used to purchase the earrings.”

She explained in late 2021 that she first heard from the trustee in the bankruptcy proceedings of Tom’s law firm, Girardi Keese, who claimed the earrings were purchased with money from an escrow account.

RHOBH's Erika criticized the
Erika Jayne and Ex-Tom's luxury items auction raises hundreds of thousands

“I have always been willing to put the earrings in escrow pending a final court order as to who is entitled to the earrings,” Erika continued.

“Indeed, by agreement with the trustee, the earrings are currently being held in a locker that the trustee has access to.

“I agree that the earrings can be kept in the locker pending a final court decision on ownership of the earrings.”

The Real Housewives of Beverly Hills star has been showered with gifts from her ex Tom Girardi

5

The Real Housewives of Beverly Hills star has been showered with gifts from her ex Tom Girardi
Erika previously burst into tears over her financial woes on the Bravo show

5

Erika previously burst into tears over her financial woes on the Bravo show
The reality TV star filed for divorce from Tom after more than 20 years together

5

The reality TV star filed for divorce from Tom after more than 20 years together

https://www.the-sun.com/entertainment/5619476/rhobh-erika-jayne-earrings-tom-girardi-fraud/ RHOBH’s Erika Jayne should go to jail for refusing to hand over $750,000 worth of earrings

Aila Slisco

Daily Nation Today is an automatic aggregator of the all world’s media. In each content, the hyperlink to the primary source is specified. All trademarks belong to their rightful owners, all materials to their authors. If you are the owner of the content and do not want us to publish your materials, please contact us by email – admin@dailynationtoday.com. The content will be deleted within 24 hours.

Related Articles

Back to top button