Erika Jayne & Tom Girardi: Stolen From Plane Crash Victims, a Sham Divorce, and the Downfall of a Legal Legend
A celebrity lawyer who embezzled millions from plane crash victims' families — and his Real Housewife who claims she knew nothing
Key Facts
What Happened
Erika Jayne, a singer and star of The Real Housewives of Beverly Hills, filed for divorce from powerhouse attorney Tom Girardi on November 3, 2020, after 21 years of marriage, citing irreconcilable differences. Within weeks, the filing was exposed as potentially the most cynical maneuver in reality TV history. A class-action lawsuit filed on behalf of families who lost loved ones in the 2018 Lion Air Flight 610 crash (which killed all 189 people aboard) alleged that Girardi had embezzled settlement money meant for the victims' relatives — and that the divorce was a 'sham' designed to hide assets from creditors.
The allegations were staggering. Girardi's firm, Girardi Keese, had represented five relatives of Lion Air crash victims and won them $12.55 million in settlements from Boeing — but the families never received their money. Girardi had allegedly siphoned the funds to prop up his failing law firm and finance his and Erika's extravagant lifestyle. When the firm's finances were examined, it had less than $15,000 in operating accounts against more than $26 million owed to clients. Girardi was also accused of stealing from widows, orphans, and burn victims across dozens of other cases.
The Hulu documentary 'The Housewife and the Hustler' (2021) and its sequel 'The Housewife and the Hustler 2: The Reckoning' (2024) detailed the scope of Girardi's fraud and questioned Erika's claim that she was completely unaware. Tom was eventually convicted and sentenced to seven years and three months in federal prison, ordered to pay $2.3 million in restitution. Erika was dismissed from the embezzlement lawsuit in 2022, though public opinion remains deeply divided about her culpability.
The Girardi case exposed systemic failures in the California State Bar's oversight of attorney trust accounts. For decades, Girardi was celebrated as one of the most powerful plaintiff's attorneys in the country — the inspiration for the film 'Erin Brockovich.' His downfall revealed that the very system designed to protect clients had allowed a serial predator to steal from the most vulnerable people imaginable. The divorce, whether legitimate or fraudulent, became secondary to the far larger story of how a trusted legal icon betrayed everyone who depended on him.
Legal Breakdown: Financial Abuse
Fraudulent Divorce Filings
The lawsuit alleged the Girardi divorce was a 'sham' to hide assets from creditors. Courts can set aside fraudulent transfers and divorce settlements if they are designed to defraud creditors. Under the Uniform Voidable Transactions Act, transfers made with intent to hinder or defraud creditors — including asset divisions in divorce — can be reversed by the court.
Attorney Trust Account Theft
Girardi stole from client trust accounts — funds that attorneys hold on behalf of clients and are legally required to keep separate from firm operating funds. This is one of the most serious ethical violations in law, carrying automatic disbarment and criminal penalties. The California State Bar faced intense criticism for failing to detect Girardi's theft for decades despite complaints.
Spousal Liability for Fraud
Erika claimed she had no knowledge of Tom's financial crimes. Under community property law in California, both spouses can be held liable for debts incurred during the marriage. However, a spouse who genuinely did not participate in or benefit from the fraud may be able to avoid personal liability — though clawback of assets (jewelry, clothing, gifts) received with stolen funds is common.
What This Means for Your Divorce
- →If your spouse controls all finances and you 'don't ask questions,' you may still face legal exposure. Willful ignorance is not a reliable legal defense.
- →Verify that your divorce attorney maintains proper trust accounts. You can check disciplinary records through your state bar association.
- →Creditors can challenge divorce settlements they believe are designed to defraud them. A divorce decree does not shield assets from legitimate claims.
- →Document what you knew and when. If your spouse's financial crimes come to light, your ability to prove genuine ignorance will determine your liability.
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This article is based on publicly available court records, news reports, and legal analysis. It is provided for educational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.
Divorce laws vary by jurisdiction. Always consult a licensed attorney in your area before making legal decisions.