Erika Jayne dismissed from embezzlement, fraud lawsuit against Tom Girardi

The lawsuit will be re-filed in California.

Erika Jayne has been dismissed from her estranged husband Tom Girardi’s embezzlement lawsuit in Illinois. "Pursuant to stipulation, plaintiff's claims against defendants EJ Global LLC and Erika Girardi are dismissed without prejudice and without costs," the court documents, filed on Jan. 29, obtained by ET said.  

The documents will be refiled in California by the plaintiff, Edelson PC.

Jayne’s attorney Evan Borges released a statement in response to the court’s decision. "While Edelson retains the right to re-fie in California, the dismissal of Erika from the federal lawsuit that triggered bankruptcies of Girardi Keese and Tom Girardi is extremely important," Borges said in the statement obtained by E! News.  

"For example, the recent three-day evidentiary hearing in the Boeing case showed that Erika had ZERO role in what GK and Edelson discussed, did, and didn't do, whether as between each other or as to their clients. In fact, I'm informed Erika's name didn't even come up at the hearing,” he said.  

The statement continued, "I'd like to see Edelson and everyone else take the high road going forward and not make accusations against Erika without evidence. We want Edelson to get the most complete picture of the evidence as possible, and have no issue with further investigation. But the truth matters. Here, the truth is that Erika had no role in the Lion Air dealings, actions, or inaction as between the attorneys and their clients, and she never received any of the Lion Air client settlement funds." 

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In December 2020, a lawsuit was filed against the pair on behalf of several families who lost loved ones in the Lion Air Flight 610 crash, which occurred in October 2018. 

Girardi, 82, allegedly embezzled settlement money that was supposed to go to the family members of the victims. Girardi and Jayne are accused of using that money to fund their own lavish lifestyles and allegedly pay off loans to keep Girardi's law firm afloat. 

One month prior to the charges, Jayne filed for divorce from Girardi, after 21 years of marriage. During October’s Real Housewives of Beverly Hills reunion, Jayne addressed the speculation from her castmates and viewers that she presented herself as a victim.  

"I have never said that I’m the victim. I am not a victim. I am simply surviving this," Jayne said. "There is a very limited way in which I can express myself, because we all know everything will be picked apart, parsed and possibly turned against me." 

"That is why you see me answer in certain ways," she continued, adding that, even though she knows this, she's still been as open and honest as possible, even to her detriment. "It is best in any of these situations to be quiet. What did I do? I chose to say as much as I possibly could, and I still may have f**ked myself up, alright?"