Erika Jayne Legal Issues Summary:
As of 2026, Erika Jayne is still facing multiple ongoing civil lawsuits connected to her estranged ex-husband, Tom Girardi, whose former law firm, Girardi Keese, collapsed amid a massive embezzlement scandal. Girardi was sentenced to 87 months in federal prison for a years-long scheme in which he embezzled millions of dollars from his clients, including funds meant for plane crash and burn victims. While his criminal case has concluded, civil litigation concerning the flow of money, including transfers allegedly connected to Erika, is still ongoing.
• The $25 Million Bankruptcy Trustee Lawsuit
The most significant case heading to trial involves the bankruptcy trustee overseeing Girardi Keese. The trustee alleges that more than $25 million was transferred from the firm to Erika’s company, EJ Global, over roughly a 12 year period to fund her career and lifestyle.
According to the lawsuit, those funds allegedly covered expenses such as jewellery, credit card bills, glam, and other luxury costs tied to her entertainment brand. The trustee argues these payments were “fraudulent conveyances,” meaning the money was transferred without Erika providing equivalent value in return.
The trustee also claims EJ Global functioned as Erika’s alter ego and was used to bankroll her career. Even if she did not know the money was stolen, the trustee maintains she could still be required to repay the funds because she allegedly received the benefit.
Erika has consistently denied any wrongdoing and says she was unaware of Tom’s financial misconduct. Settlement talks reportedly collapsed and the case has been moving toward a 2026 trial.
If she is found liable, she could be ordered to repay the full amount.
• Marco Marco/Christopher Psaila Lawsuit 18 Million Dollars
Erika is also involved in a long-running dispute with costume designer Christopher Psaila, co-founder of Marco Marco.
Psaila filed an 18 million dollar lawsuit alleging that Erika and others conspired to falsely accuse him of credit card fraud to the Secret Service in order to avoid paying him. In late 2025, Erika lost a major anti SLAPP appeal, which means the case can continue to trial. She also faces a potential 300,000 dollar default judgment in a related Florida case due to alleged clerical errors by her legal team.
• Edelson PC Racketeering Lawsuit 50 to 55 Million Dollars
As of February 2026, the civil RICO lawsuit filed by Edelson PC in the Northern District of California, Case Number 22 cv 3977, remains active.
Edelson PC alleges that Erika acted as a frontwoman for a racketeering enterprise that used stolen client funds to bankroll her glitz and glam lifestyle. Discovery is ongoing, and lawyers are still reviewing documentation and evidence. While other aspects of the Girardi scandal have concluded, including his criminal conviction, the civil RICO case against Erika continues to progress toward its own resolution.
Financial Exposure and Potential Consequences
If Erika were to lose her major cases, her total potential liability could exceed $43 million, including:
• $25 million in repayment to the Girardi Keese bankruptcy trustee
• $18 million in potential damages in the Marco Marco / Psaila lawsuit
• $300,000+ in a possible Florida default judgement
Because her potential liabilities significantly outweigh her assets, an adverse outcome could realistically lead to severe financial consequences. These could include personal bankruptcy (Chapter 7 or Chapter 11), court ordered asset seizure and liquidation of luxury items or investments, and wage garnishment.
This could also extend to future earnings, including her salary from The Real Housewives of Beverly Hills (estimated at $600,000+ per season).
Additionally, ongoing legal fees remain a major factor, with some experts noting that prolonged litigation could strain her ability to continue funding her defence, potentially increasing the risk of further default judgements
