Sham or no sham. A new lawsuit against Erika Jayne and her ex husband Tom Girardi for faking divorce to embezzle money from the families of the Lion Air Flight 610 crash victims.

RHOB’s Erika Jayne and her ex husband are being accused of embezzling settlement proceeds from the families of the Lion Air Flight 610, October 2018, crash victims. Allegedly Girardi is using the money to fund the couple’s lavish lifestyle and to keep his law firm afloat amidst the allegations against him. The lawsuit states the couple is using divorce to fraudulently protect their assets from the collection of debts owed by Girardi’s law firm, particularly the settlement proceeds owed to the crash victims families.

A divorce simply for the reason to protect ones assets from debt collection can be deemed fraudulent. In such cases if the courts determine the actions to be fraudulent, it can void the transaction and return the value back to the debtor. A debtor can overcome the presumption of fraudulent intent to divorce by proving a legitimate purpose for the transfer of assets.

Earlier last month Erika Jayne filed for divorce stating irreconcilable differences and asking the court for spousal support.

Do you think the divorce is a sham?