Girardi knew right from wrong, didn't have Alzheimer's, government expert says

Tom Girardi did not have Alzheimer's disease as his law firm crumbled in 2020, despite a diagnosis by a doctor retained by his brother, a rebuttal neurologist expert for the government testified Wednesday in the disbarred attorney's wire fraud trial.

A rapid change in the former top plaintiff's lawyer's mental health in 2020, coupled with his reported inability to differentiate between right and wrong, was not consistent with a person who suffered from moderate cognitive impairment or mild dementia, Dr. Ryan Darby, a Tennessee neurologist, testified. He was called by the U.S. attorney's office to refute expert analysis jurors heard last week from Girardi's neurologist, Dr. Helena Chui. Chui said that when she first analyzed Girardi in early 2021, he had moderate cognitive impairment and mild dementia that had likely progressed since a 2017 car accident.

Months after the Girardi Keese law firm collapsed at the end of 2020 and Girardi was hit with several lawsuits claiming he embezzled millions of dollars owed to former clients through settlements, he was diagnosed with late-onset Alzheimer's disease by a doctor retained by his brother.

Darby agreed with Chui that Girardi had been suffering from at least mild cognitive impairment in the years that led to his 55-year-old firm's demise. But Darby insisted that the severity of Girardi's purported dementia was exaggerated based on evaluation of collateral interviews, personal conversations and archived medical records.

Darby said when he analyzed Girardi, beginning in late 2020, he found no obvious evidence of cognitive impairment because he continued to work at his firm and "seemed to be independent with his functions."

Girardi was suffering from mild cognitive impairment consistent with limbic-predominant age-related TDP-43 encephalopathy, also known as LATE, the doctor testified. The characteristics of the brain disorder, he said, involve memory problems and forgetfulness that are not too severe for the person to overcome.

Of the collateral statements, Darby said a common theme was a "significant" change in Girardi's cognitive abilities that others were observing - such as bad hygiene and memory lapses. However, he said, neuroimaging at the time "ruled out Alzheimer's" because Girardi's brain scans were inconsistent with those who suffered from the disorder and there were no prior medical records of his related to impairment. Darby also said the statements that Girardi's behavior drastically changed at the end of 2020 was atypical for LATE.

"LATE is a progressive disorder ... rather than a rapid change," Darby said. He told jurors that he believed Girardi was "exaggerating or feigning the severity of his memory problems because he thought it would be beneficial."

In several personal interviews, Darby said Girardi would tell him he was unaware of the law firm's closure and the legal trouble he faced. However, when confronted about specific allegations, such as not paying clients, he showed an understanding of right and wrong.

Darby said Girardi would tell him stealing from clients "would be wrong and he would never do that" and in the event it was done by accident, it would be an act of negligence, and he would be faced with State Bar discipline.

Aside from Girardi showing an understanding of the ramifications, "This indicates knowing not paying clients was wrong," Darby said.
Under direct examination by Assistant U.S. Attorney Scott Paetty, Darby listened to voicemails Girardi left for clients and attorneys throughout December 2020 when he was heard giving reasons why settlement payments were not yet issued.

"It appears he's calling a client and giving explanations of why payment is not available yet. ... He's calling the right person, demonstrating the ability to understand that clients need to be paid," Darby said.

The trial, in its 10th day, stems from allegations Girardi cheated four clients out of more than $15 million dollars in settlement funds from 2010-2020. U.S. v. Girardi et al., 2:23-cr-00047 (C.D. Cal., filed Jan. 31, 2023).

Girardi's federal defenders placed most of the blame on his firm's former financial chief, Christopher Kamon, a severed defendant in the case.
Kamon's ex-girlfriend, Nicole Rokita, testified for the defense on Tuesday. She said she was in a financial relationship with Kamon for $20,000 a month from 2017 to 2018. The two lived together in a home Kamon bought for them in Encino. She said Kamon would take her on extravagant trips across the globe using luxury airfare that she eventually learned was being funded through Girardi Keese's finances. For example, she recalled Kamon would use an American Express card, but later learned he never had a personal account with the bank.

In 2022, Rokita recalled a phone call with Kamon in which he "basically told me he was going to flee the country ... because he thought he was going to get pinned for Girardi Keese," she said.

Kamon, who liquidated all his U.S. assets at the time and purchased a home in the Bahamas, was also planning to change his name, Rokita said. Months before the Los Angeles indictment, Kamon was detained and arrested by the FBI in a Baltimore airport on a trip back from the Bahamas. Kamon pleaded not guilty to the charges and remains in custody.