In the criminal case against Tom Girardi, the first battle has begun: federal prosecutors are challenging his legal team’s efforts to determine whether the fallen plaintiffs’ attorney is mentally competent to defend himself.

Both sides have brought in neurologists and neuropsychologists, who have already examined Girardi, 84, charged with embezzling at least $18 million from his clients. On July 5, Girardi’s lawyers, who are federal public defenders, filed their “motion for order finding incompetency.”