Erika Jayne Scores a Legal Win as Judge Rules She Wasn't Aware of Tom Girardi's Alleged Crimes
told E! that the ruling "was a single count of aiding and abetting a breach of fiduciary duty" against Erika and her company, EJ Global LLC, and that they plan to appeal the ruling, which he said "will be reviewed by three judges without regard to the lower courts ruling."received $25,000,000.00 from Tom's firm
is still a defendant and will stand trial. The bankruptcy trustee still has the broader and easier to prove claims. Both EJ's company and David Lira will be defendants at the trial and Erika Girardi has been ordered to appear personally for trial via a subpoena. When the other firm filed a lawsuit early on in this scandal we associated in. Erika's deposition was taken late in the case.
As for Judge Fruin's finding that Erika "had no actual knowledge" of Tom's alleged business dealings, Richards added, "There is a dispute over what constitutes actual knowledge. We contend it could be proven by willful blindness and actual knowledge can be inferred. The judge wanted an admission by Erika as to the specific TXI clients. This is a standard no one could meet absent an admission by Erika which she denies knowledge.
"The discrepancy between the two sides is that the judge wrongly focused on a duty we were not arguing was violated," Richards continued. "On appeal, we will show that Tom Girardi had a fiduciary duty to third parties who were expecting money from this Trust Account. Erika aided and abetted a breach of that fiduciary duty by receiving $25,000,00 to her solely owned company EJ Global LLC, which is still a defendant.
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