Will Tom Girardi’s Age Impact His Sentence?

Featuring Michael S. Weinstein

September 11, 2024

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As he stood in front of the federal courthouse in downtown Los Angeles on Aug. 26, speaking to reporters about the fraud conviction his prosecutors just secured against Tom Girardi, U.S. Attorney Martin Estrada made it clear that the disbarred attorney’s advanced age will not deter his office from seeking prison time.

Cole Schotz PC member Michael Weinstein, who worked as a federal prosecutor with the U.S. Department of Justice in Washington, D.C., told Law360 that the malingering issue “makes the sentencing more complicated, but his mental health and his mental capacity is, in my mind, a material factor in any sentence.”

Weinstein said that “the government doesn’t have to bring every crime [to trial]. They can selectively bring the highest chargeable crime. But if that person was committing the same crime, pattern after pattern, year after year, they can raise that.”

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