Timing of Girardi’s dementia ‘highly suspect,’ judge says

Disgraced former plaintiffs' attorney Thomas V. Girardi was exaggerating symptoms of dementia, while the timing of his diagnosis and "dramatic decline" was "highly suspect," a federal judge stated in an unsealed order.

U.S. District Judge Josephine L. Staton's decision followed a three-day competency hearing last year on whether Girardi was competent to stand trial on five wire fraud charges that include stealing $15 million in settlement funds from five clients. United States v. Girardi, 2:23-cr-00047 (C.D. Cal. filed Jan. 31, 2023). A status hearing in Los Angeles is scheduled for Wednesday.

Staton's ruling late Friday also opens up Girardi to stand trial in federal court in Chicago, where the judge considering similar charges said she would await Staton's decision on competency rather than holding separate hearings on the issue.

Staton concluded in her 52-page order that although Girardi suffers from a mild to moderate cognitive impairment, his behavior between the demise of his Girardi Keese law firm in December 2020 to the competency hearings proved he understands the nature of the charges against him and has the capability to aid in his trial defense.

"The timing of defendant's reported symptoms is highly suspect," Staton stated in her order. "Notably, the medical records preceding this hearing reveal no mention of any ongoing mental impairment and no mention of any type of progressive cognitive decline."

In March 2021, months after his legal empire crumbled, Girardi was diagnosed with "late onset" Alzheimer's disease by a doctor hired by his brother.

Following his criminal indictment, Girardi's counsel -- Federal Public Defenders Craig A. Harbaugh and J. Alejandro Barrientos -- argued that because of his dementia diagnosis and age, Girardi was getting worse and should not face trial.

Assistant U.S. Attorneys Scott Paetty and Ali Moghaddas argued Girardi was exaggerating his symptoms.

A public information officer for the U.S. Attorney's office in the Central District, Thom Mrozek, said in response to Staton's order in an email Monday: "As this ruling is part of ongoing litigation, we are declining to comment at this time."

Harbaugh and Barrientos could not be reached via phone or email on Monday for comment.

In her order, Staton referred to evidence that was presented during the competency hearing by the federal prosecutors, which detailed several panel presentations Girardi led from October 2020 to November 2020.

Three weeks later on Dec. 14, 2020, the first claim of Girardi's mental impairment arose, which Staton stated was "irreconcilable" with the prior evidence.

"Of course, the issue before the court is not defendant's competency to stand trial in 2021, the issue is whether he is presently able to stand trial. However, the fact that defendant was clearly feigning or exaggerating the extent of his impairment from mid December 2020 and into 2021 is probative as to whether he is feigning now," Staton wrote.

Staton further referred to evidence that Moghaddas presented to the court, which revealed several 2020 voice mails, memos and emails Girardi left transmitted to clients and former Girardi Keese employees as he discussed the financial woes he and the firm were going through.

As the evidence was being presented to a neuropsychology expert brought in by the defense, Girardi mouthed "fuck you" to Moghaddas. Staton said in her order Girardi's courtroom behavior and prior communication efforts demonstrated he understood the nature of the allegations being made against him.

During the competency hearing, the government's experts -- Illinois neuropsychologist Dr. Diana Goldstein and Tennessee neurologist Dr. Ryan Darby -- said they evaluated Girardi earlier last year through his medical records, collateral interviews and their own observations. They both concluded he was malingering because he showed ability to track the allegations against him and would decisively withhold information.

For example, Goldstein testified that Girardi would claim he was unaware of his charges or who his current counsel was, but would hypothetically describe how he would defend himself against those same charges and sometimes place financial blame on former Girardi Keese financial officer Christophher Kamon -- who is a co-defendant in the Los Angeles case.

Staton also said Girardi's "purported denial of knowledge of the charges made against him (and/or the purported failure to remember such charges once reminded of them) is wholly lacking in credibility."

The defense's experts, Dr. Helena Chui of USC's Keck School of Medicine and forensic neuropsychology expert Dr. Stacey Wood, testified that Girardi's short-term memory was "severely impaired." However, Staton concluded their test results didn't support that opinion.

"The comprehensive neuropsychological test results do not support a finding of severe impairment in any domain; instead, they show an overall baseline cognitive function in at least the low average range, including the domains of learning and memory," Staton wrote.

In the case against Girardi in Chicago, District Court Judge Mary Rowland agreed in September to hold off on scheduling trial dates pending Staton's order.

According to the docket, an in-person status conference in the Northern District of Illinois is scheduled for Jan. 18 to address the matter. United States v. Girardi et al., 1:23-cr-00054 (N.D. Ill., filed Feb. 1, 2023).