Girardi's attorney presumes Chicago fraud case will be dropped

An attorney defending disbarred and convicted attorney Thomas V. Girardi in Chicago told the judge overseeing a paused wire fraud case on Wednesday that she's been working "under the presumption" that the charges will soon be dropped because of his California conviction.

The Chicago case - which stems from an air crash and alleged victim settlement fund misappropriation - also involves Girardi's son-in-law, former Girardi Keese attorney David R. Lira, as a severed defendant who is scheduled to begin his trial defense July 14.

"I don't see a world, no matter how this all turns out, in which he would go to trial in July," Federal Public Defender Seema Ahmad told U.S. District Judge Mary Rowland during a telephonic status hearing about Girardi. "I am operating under the presumption that they are going to dismiss the case. They have the conviction. If things go sideways, in some ways, I don't know what that would mean for a trial date for Mr. Girardi, but I just wanted to put that out there."

Although the Chicago-based federal prosecutors told Rowland they have not yet decided how to handle their case against Girardi, the judge told them to make that decision soon after expressing her doubts that a second mental health evaluation to determine an appropriate sentence would be swiftly resolved.

"I just want to know. Is he in or is he out in this case? You're going to have to make a decision," Rowland told Department of Justice trial attorney Emily Cohen Rossi Vermylen during the hearing. "I had a guy who had to go through the [Bureau of Prisons] competency evaluation, and it took 14 months. This is not about competency, it's about housing, so maybe it's easier, but it's not a quick process with the BOP."

On Jan. 7, Girardi was taken into federal custody and flown to a medical facility in North Carolina to determine whether imprisonment or hospital confinement would be the most appropriate sentence for his California crimes. According to the government, which is recommending a 14-year prison sentence, Girardi is still being examined at Federal Medical Center, Bunter. The evaluation, pursuant to 18 U.S.C. Section 4244, could take up to 30 days with extensions, if necessary. U.S. v. Girardi et al., 2:23-cr-00047 (C.D. Cal., filed Jan. 31, 2023).

Though the pre-sentencing mental examination permitted by the federal code is rarely used, criminal law experts following the Girardi matter have opined that the length of the process could be similar to his nearly year-long competency proceeding that began shortly after his 2023 indictment.

"As to Mr. Girardi, this is what I'm going to do - because good luck on the whole working with the BOP thing. Since he's severed from the trial, I'm going to ask for a written status report on June 30," Rowland told Vermylen.

"If you need another six months, we'll do another six months. Then you can come back and tell me, 'This is how we're dealing with him.' If you set a trial date, we can set a trial date. If you think you're going to dismiss him within those six months, we can do that. But let's close up that case in some way,"

In the Chicago indictment, Girardi and Lira were accused of stealing over $3 million in settlement funds intended for the families of those killed a 2018 Boeing air crash in Indonesia. U.S. v. Girardi et al., 1:23-cr-00054 (N.D. Ill., filed Feb. 1, 2023).

Prior to Girardi's California trial last August, Rowland paused the Chicago proceeding against Girardi pending the resolution of his $15 million wire fraud conviction in Los Angeles.

Lira - who is practicing at Engstrom Lipscomb & Lack in Los Angeles with a limited law license - is scheduled for trial in July. Lira, who was not charged in the California case, is represented by Chicago attorney Christopher V. Parente, a Cheronis & Parente LLC partner.

During the hearing on Wednesday, Parente didn't say much, but told Rowland he and his client were "ready to go."

The trial against Lira is estimated to last two weeks, Vermylen said.

Neither Parente nor Ahmad responded to phone calls or emails regarding questions about the status of their clients before press deadline on Wednesday.

Former Girardi Keese financial chief Christopher Kamon was charged with Girardi in both California and Illinois. He pled guilty in Los Angeles shortly after Girardi's conviction and is awaiting sentencing in April from U.S. District Judge Josephine L. Staton. Although Kamon's attorney, Pasadena attorney Michael V. Severo, told Rowland that his client has been in ongoing plea negotiations with Chicago prosecutors, he wanted to wait until his Los Angeles sentencing to make a decision, which Rowland allowed.

If Kamon doesn't take a plea deal, he could be tried alongside Lira in July.