Disbarred plaintiff’s attorney Tom Girardi’s alleged misappropriation of millions of dollars in client funds might be attributed to either internal disorganization at his firm or deliberate manipulation by his former Chief Financial Officer, Christopher Kamon, according to Girardi’s legal defense team. This argument was presented on Thursday during a hearing presided over by US District Judge Josephine L. Staton in the Central District of California, which focused on evidence inclusion, witness testimony, and jury selection in preparation for the trial starting on August 6.
The nuances of Girardi’s defense strategy emerged following Judge Staton’s earlier determination that Girardi remains competent to stand trial despite some cognitive impairments. The case brings to light the intricate role of Kamon, whom both Girardi’s defenders and prosecutors assert played a pivotal part in the scheme. Kamon has faced indictments in both Chicago and Los Angeles for allegedly embezzling millions of dollars from the firm’s clients, with claims that the lack of “meticulous organization” in the firm’s accounting practices facilitated these actions.
Girardi’s public defender, Charles Snyder, argued that the firm’s accounting required precise organization, which it evidently lacked, and suggested that only Kamon, who managed the intricate accounting systems as Girardi did not use digital tools like computers or smartphones, could have orchestrated the putative mismanagement of funds. Kamon’s attorney, Michael Severo, countered these claims by highlighting that multiple accountants and observers had access to the accounts, urging Judge Staton to reject the evidence to prevent complicating the trial.
In a significant development, Judge Staton alluded to a recent US Supreme Court ruling in Diaz v. United States, which deals with the extent of expert testimony on defendant knowledge during offense commission. This ruling could resonate in deciding the admissibility of testimony from Dr. Helena Chui, a USC Keck School of Medicine physician, in Girardi’s trial. Prosecutors, led by Assistant US Attorney Ali Moghaddas, objected to broad testimony from Chui, contending it should be limited to Girardi’s competency proceedings.
As part of the trial preparations, potential jurors will be asked to complete questionnaires aimed at assessing their exposure to “Real Housewives of Beverly Hills,” given Girardi’s connection to his ex-wife Erika Jayne, a key figure in the show. This measure, suggested by Girardi’s attorneys, is expected to streamline jury selection and mitigate any biases stemming from his ex-wife’s reality TV fame.
For further details on the case, reference the complete Bloomberg Law article.