Tom Girardi's own testimony during his criminal trial showed he was mentally competent because it was consistent with the "main defense argument" that it was the former Girardi Keese CFO, Christopher Kamon, who stole millions of dollars from the Los Angeles firm.

That's according to federal prosecutors in Los Angeles who, in a Tuesday filing, disagreed that Girardi, 85, should have his Aug. 27 conviction tossed out because he was not mentally competent enough to understand his own trial. Girardi's lawyers, who are all federal public defenders, argued last month that their client, who is the estranged husband of Erika Jayne, a star on "The Real Housewives of Beverly Hills," doesn't even remember the verdict, which found him guilty of four counts of wire fraud.