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A California federal judge on Monday denied Tom Girardi's request for a new trial after a jury convicted him of misappropriating $15 million in client settlement funds. U.S. District Judge Josephine L. Staton ruled that Girardi exaggerated symptoms of mild cognitive impairment, relying on expert assessments and courtroom observations.

Judge Staton cited evidence, including atypical memory loss patterns, to reaffirm her earlier determination that Girardi was competent to stand trial. She noted Girardi’s "sophistication" in tailoring his behavior to appear less competent during evaluations.

Girardi, once a prominent California plaintiffs’ lawyer, was convicted on four counts of wire fraud in August. Prosecutors alleged he operated a decadelong Ponzi scheme, funding a lavish lifestyle and supporting his wife Erika Jayne's career. The couple's opulent spending included private jets and extravagant parties, according to the prosecution.

During trial proceedings, Judge Staton observed Girardi actively engaging, taking notes, and even challenging the prosecution on specific points. His courtroom behavior contradicted claims of severe cognitive decline.

Girardi’s legal team argued in October that his memory issues made him incapable of standing trial, citing a caretaker’s posttrial declaration and claims of memory loss. However, the court pointed to video recordings and other evidence suggesting Girardi’s claims of incompetence were a pretense to avoid facing allegations of mishandling client funds.

Experts noted Girardi displayed the ability to form new memories and at times demonstrated selective recollection. Judge Staton highlighted instances where Girardi provided detailed accounts when it suited his defense, further undermining his incompetency claims.

Sentencing is scheduled for December 20. Prosecutors have described Girardi’s actions as deliberate and systematic, accusing him of betraying clients to sustain his wealth.

The government is represented by E. Martin Estrada, Mack E. Jenkins, and Scott Paetty of the U.S. Attorney's Office for the Central District of California. Girardi’s defense includes attorneys from the Federal Public Defender's Office for the same district.

The case is USA v. Tom Girardi, case number 2:23-cr-00047, in the U.S. District Court for the Central District of California.