Girardi’s Mental Health Likely Star Witness As First Criminal Trial Begins

Although Tom Girardi was found competent to stand trial, his mental capacity during the time he is accused of stealing $15 million from several clients will likely be central to the defense as his first prosecution unfolds in a federal courtroom in Los Angeles over the next two weeks.

“One of their best arguments is that he doesn’t have the capacity to understand what he did or even intentionally do it,” Michael S. Weinstein, a former federal prosecutor who is not involved in the case, said.

“The judge already looked at whether or not he’s competent to stand trial … that doesn’t mean that during the course of the defense case, they can’t present him as an older, infirmed type of individual,” Weinstein said.

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As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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