RHOBH star Erika Jayne's embezzlement and fraud case to be refiled in California

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Erika Jayne has been dismissed from the embezzlement and fraud lawsuit against her estranged husband Tom Girardi in Chicago, but her legal troubles are far from over: her suit will be refiled in California.

In 2020, law firm Edelson PC sued the Real Housewives of Beverly Hills star and her attorney husband on behalf of families of victims of a 2018 Lion Air plane crash, accusing Girardi and his defunct law firm Girardi & Keese of embezzling settlements intended for the families to fund his and Jayne's "lavish" lifestyle.

The lawsuit came a month after Jayne filed for divorce from Girardi; the complaint filed in an Illinois federal court accused the Bravolebrity of orchestrating a "sham" divorce in an attempt to "fraudulently protect" her and her husband's funds. Jayne has denied the allegations, while Girardi has not addressed them.

Tom Girardi, Erika Jayne
Tom Girardi, Erika Jayne

Steve Eichner/AP Erika Jayne and Tom Girardi

While the case against Girardi will continue in Chicago, Edelson PC will refile Jayne's suit in California to avoid fights over jurisdiction. In a statement issued to EW, firm founder and CEO Jay Edelson reiterated that reports about Jayne's suit being dismissed completely are "inaccurate."

"We have learned a lot about Erika and [her company] EJ Global over the last year, including how they choose to conduct business, the extent to which they knew of and benefitted from Tom's fraud, and how they have taken this tragedy and made more money off of it than most people earn in a lifetime," Edelson said.

"We are very confident that, in the end, we will be able to demonstrate to a jury that Erika and EJ Global are legally responsible to return the money they have from the Lion Air widows and orphans," Edelson continued. "We also believe that, based on recent positions she has taken publicly and in the courts, we can pursue broader theories that may make her legally responsible for Tom's decade-long ponzi scheme. Erika and EJ Global will be held to account."

Erika Jayne attends the 2021 MTV Movie & TV Awards in Los Angeles, California.
Erika Jayne attends the 2021 MTV Movie & TV Awards in Los Angeles, California.

Amy Sussman/Getty Erika Jayne

Evan C. Borges, Jayne's attorney, called on Edelson and the public to "not make accusations against Erika without evidence."

"While Edelson retains the right to refile in California, the dismissal of Erika from the federal lawsuit that triggered bankruptcies of Girardi & Keese and Tom Girardi is extremely important," Borges told EW. "For example, the recent three-day evidentiary hearing in the Boeing case showed that Erika had ZERO role in what GK and Edelson discussed, did, and didn't do, whether as between each other or as to their clients."

Borges continued, "I'd like to see Edelson and everyone else take the high road going forward and not make accusations against Erika without evidence. We want Edelson to get the most complete picture of the evidence as possible, and have no issue with further investigation. But the truth matters."

This article has been updated to reflect Borges' statement.

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