Erika Girardi Asked to Turn Over $750K Diamond Earrings amid Husband Tom's Bankruptcy Case

Erika Girardi's lawyer says the Real Housewives of Beverly Hills star was "innocently" given the earrings as a gift from her ex Tom Girardi

Erika Girardi
Photo: Astrid Stawiarz/Getty

Erika Girardi has been asked to turn over a set of $750,000 diamond earrings as a bankruptcy trustee continues to investigate her estranged husband Tom and his former law firm.

The trustee claimed that Tom purchased the earrings in 2007 using money from a client trust account at his firm, Girardi Keese (GK), according to new court documents, filed on Tuesday and obtained by PEOPLE on Wednesday. The jewelry purchase was allegedly written off as a "cost" on the trust account.

As such, the trustee has requested the earrings be returned and sold in order to pay off Tom's creditors.

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In a statement to PEOPLE, Erika's lawyer, Evan C. Borges, said the Real Housewives of Beverly Hills cast member, 50, "innocently" received the earrings from her ex.

"I am disturbed by everyone jumping to conclusions about Erika, who is innocent, and trying to blame her for the actions of others," Borges said. "If the law matters, the trustee's motion is completely out-of-bounds. Even based on the incomplete hearsay evidence filed with the motion, the trustee has no claim based on Erika innocently receiving a gift of earrings 15 years ago from her now-estranged and then-extraordinarily wealthy husband."

Erika Jayne, Tom Girardi
Erika and Tom Girardi. Steve Eichner/AP

A source tells PEOPLE that the Bravo reality star is "frustrated that she's being yet again falsely accused of something that she didn't do," adding, "She's been wearing the earrings on the show so it's not like nobody knew about it."

Erika's legal team also filed a response to the trustee's request on Wednesday, claiming that Erika had no knowledge about where the money for the earrings came from and that it is not clear whether the funds were indeed taken from a client account.

The response, obtained by PEOPLE, also said the "Pretty Mess" singer will give the earrings to a third party amid the proceedings.

"Erika will agree and has agreed to hold and not transfer or sell the earrings, to maintain the status quo," the document read. "As a showing of good faith, Erika will provide the earrings to a third party escrow to be held in trust pending the trustee finishing her investigation and, if there is a dispute at that point, until a final order is entered determining the parties' rights."

The document also stated, "Erika, a non-attorney who had no role in managing GK, should not have to be the one arguing for full investigations and discovery into what GK did in the past. The trustee seeks to blame Erika for events of 15 years ago at a law firm in which Erika had no part."

Erika Girardi
Erika Girardi. Amy Sussman/Getty

The legal drama surrounding Erika and Tom, 82, began when she filed for divorce from him in November 2020 after 21 years of marriage.

Less than a month later, Erika and Tom were hit with a lawsuit accusing them of embezzling settlement money from families who lost loved ones in a 2018 Boeing plane crash. They were accused of using the money to fund their "lavish Beverly Hills lifestyles," according to previous court documents obtained by PEOPLE.

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Tom's law partner, Robert Keese, and former business partners also sued Tom around the same time, leading to the chapter 7 bankruptcy petition.

Erika has been accused of conspiring with Tom and using her "notoriety" to hide assets as a bankruptcy trustee investigates him and his firm.

Amid the ongoing scandal, Tom was diagnosed with dementia and Alzheimer's disease and was placed under a temporary conservatorship last February, which was then made permanent months later that July. He is currently living in a "skilled nursing facility," court documents previously revealed.

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