Erika Jayne Demands To Be Paid Damages For Surrendered Diamond Earrings

Erika Jayne Demands To Be Paid Damages For Surrendered Diamond Earrings 

Erika Jayne has demanded to be paid damages for her surrendered diamond earrings, but the trustee overseeing her estranged husband, Tom Girardi’s bankruptcy has slammed the Real Housewives of Beverly Hills star’s request. 

Court documents obtained by Radar Online reveal that the trustee presiding over Tom’s shuttered law firm’s bankruptcy case has objected to Erika’s demand. 

Erika Jayne, 51, filed for divorce in November 2020, one month before Girardi was hit  with a lawsuit that accused the lawyer of embezzling millions from former clients. He was forced into a Chapter 7 bankruptcy and the reality star was later named as a defendant in a federal lawsuit, which alleged that she played a role in Tom’s reported schemes. Erika has denied any knowledge of her husband’s alleged crimes. 

In February, prosecutors slammed Tom with five counts of wire fraud and accused the disgraced lawyer of embezzling $15 million from 2010-2020. Erika’s ex faces a potential 20 years in prison.

Erika Jayne has been accused by creditors of using the embezzled cash to support her luxury lifestyle. The trustee sued the Bravo star for the return of $25 million allegedly used to pay bills for Erika’s company, EJ Global. Erika requested that the case be dropped, because she believed at the time that the money belonged to her husband. 

In June, a judge ordered that a pair of diamond earrings, gifted to Erika by her husband in 2007, be auctioned off to the highest bidder to help pay off Girardi’s creditors. The trustee previously sued the Bravo star to turn over the earrings, which were purchased in 2007 by her then-husband for $750k. The trustee stated that financial records confirmed that the earrings were purchased with money owed to his client. The judge ordered that the earrings be turned over to the trustee, and despite Erika filing an appeal, the diamonds were auctioned off for $250k. 

Earlier this month, Erika argued that she should be awarded damages, due to the “legal error” that led to the sale of her earrings. 

Her lawyer stated — “Ms. Girardi has elected and is entitled to money damages based on the proceeds of the sale of a marital gift received by her in 2007 that was taken from her and sold by the Trustee based on the legally erroneous Turnover Order.”

The trustee requested in newly filed documents that Erika’s appeal be dismissed. He claimed that Erika failed to ask the court to stay the sale of the earrings, despite having opportunities to do so. Erika argued that the statute of limitations should have shut down the demand to turn the diamonds over to the trustee. 

Her attorney stated — “the Bankruptcy Court erred as a matter of law when it determined that the Trustee’s claims based on an alleged fraudulent transfer of property over 15 years ago were not barred by the applicable statutes of limitations.”

The trustee responded, pointing out that Erika wanted the court to rule on the “statute of limitations, not because the issue is relevant to this now moot appeal but because she would like to use a reversal of the Bankruptcy Court’s Turnover Order for social media reasons.”

The trustee ripped into Erika, writing —“It is incredibly ironic that Mrs. Girardi, who since 2012 has exposed her and Thomas Girardi’s entire life to the world by starring on the reality show The Real Housewives of Beverly Hills would have this Court ignore the law pertaining to this appeal in hopes a decision on the issues of the statute of limitations would somehow vindicate her conduct, so she can then use the court’s decision to publicly counteract social media comments.”

The trustee stated that Erika’s plea for damages should be denied by the higher court. 

 

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