The Beverly Hills lawyer has been accused of embezzling millions from clients.
Erika Jayne's estranged husband Tom Girardi suffered a "serious illness" recently that caused him to be hospitalized, according to his lawyers.
In court documents filed on Monday, Girardi's team said the 81-year-old was "unavailable" amid his fraud case "due to a serious illness that caused him to be hospitalized for which he sought treatment."
The "Real Housewives of Beverly Hills" star's husband has been accused of misappropriating "at least $2 million in client money," per TMZ. The money was due to the families of the victims of a 2018 Boeing jet crash in Indonesia.
Keith Griffin, one of Girardi's lawyers, told the court he "could not elaborate on why such an amount was still owed to certain clients or what the status of the remaining settlement proceeds was because Girardi is the sole equity owner of [his firm Girardi Kesse] with sole and exclusive control over the firm's bank accounts, including its client trust accounts," according to US Weekly.
The court documents also claim the illness caused Girardi to "couch everything" related to the case back in July. His hospitalization was also fingered as the "mistake" for why the clients weren't paid.
Girardi's lawyers also suggested their client receive a "mental evaluation" as he appeared to not understand the "nature or the gravity of the current situation," per the Los Angeles Times. It was also reported the judge froze Girardi's assets.
On November 3, Jayne filed for divorce from Girardi citing irreconcilable differences after being married to him for 21 years.
"After much consideration, I have decided to end my marriage to Tom Girardi," Jayne said in a statement. "This is not a step taken lightly or easily. I have great love and respect for Tom and for our years and the lives we built together. It is my absolute wish to proceed through this process with respect and with the privacy that both Tom and I deserve. I request others give us that privacy as well."
However, the couple have been accused of faking the divorce to help conceal their involvement with the embezzlement case.
Edelson PC, a class action firm, claims their split is a "sham attempt to fraudulently protect Tom and Erika's money," according to court papers obtained by US Weekly. The filing also alleges the pair "are on the verge of financial collapse and locked in a downward spiral of mounting debts and dwindling funds."