Rick
Rizzolo's Parole Expires on April Fools' Day!
With over $11 million still
owed the IRS; $2.2 million still owed the
City of Las Vegas; and over
$9 million still owed to Kirk Henry,
will U.S. Judge Philip Pro
let a convicted racketeer off this
Tuesday at an eleventh hour
Parole Violation hearing?
INSIDE VEGAS by Steve Miller
AmericanMafia.com
February 21, 2011
LAS VEGAS - Last Friday, attorneys for
former Crazy Horse Too owner Rick
Rizzolo filed a redundant eleventh hour MOTION
to try to stop the United States Federal Court from modifying Rizzolo's
parole set to expire on April 1, 2011. Rizzolo's legal team filed their
11 page
Motion in response to the Government's December 3, 2010 OPPOSITION
to Rizzolo's repeated requests to dismiss the Government's case against
him, and let his parole expire naturally.
If successful, Rizzolo's latest legal maneuver
could stall progress in this case until after he's off parole and out of
the U.S. Government's jurisdiction. Possible new charges would have to
brought against him resulting in expensive additional prosecution and litigation
in order for the debts he owes the Government and others to get paid.
If on Tuesday the Court treats Rizzolo
like an ordinary felon who lacks political
clout, his parole will either be extended or revoked, and he will be
sent back to prison until he agrees to meet the provisions of his plea
bargain.
The latest Motion is a re-hash of past
Motions made by Rick and Lisa Rizzolo's highly paid legal teams. It includes
little or no new information to offer the court on the eve of Rick Rizzolo's
parole expiration.
In the Motion, Rizzolo repeats and repeats
his claim that he owes un-paid
beating victim Kirk Henry no more than can be derived from the sale
of the defunct Crazy Horse Too (the City
of Las Vegas has refused to grant any buyer a liquor license until
the $2.2 million dollar fine is paid), and Rizzolo again claims the Government
ruined his business and devalued his property that he claims was once worth
"thirty three million dollars" (all purported offers had connections to
Rizzolo or his associates or were financially
unable to perform without hidden investors).
Rizzolo also asks the court to not conduct
a Judgment Debtor Exam, and again claims that the court lacks authority
to alter the terms of his parole -- all claims that have been rejected
by the court on numerous occasions.
While this occurs, Kirk Henry's attorneys
are waiting for a civil trial date in Federal Court on their Uniform
Fraudulent Transfers Act case against Rick and Lisa Rizzolo who moved
their assets off shore in the middle of Henry's personal injury lawsuit,
and three weeks before Rizzolo entered into plea negotiations with the
Government.
After granting one continuance, Judge Philip
Pro scheduled the long delayed Parole Violation hearing for this Tuesday
at 9:30 AM in court room 7-C of the Lloyd George Federal Courthouse in
Las Vegas. Rizzolo has been subpoenaed
to be present.
If
Rick Rizzolo is found to have violated his parole as accused
by U.S. Attorney for Nevada Daniel Bogden, he can be arrested and taken
into custody directly from the court room. (Rizzolo leaving court in 2006
followed by the late Buffalo
Jim Barrier, AmericanMafia.com photo by Mike Christ)
That question should be easy for Judge
Pro to answer.
In the Government's December 3, 2010 OPPOSITION,
U.S. Attorney Bogden states: "Additionally, the Henrys in various court
filings concerning their civil litigation with defendant have demonstrated
that defendant is spending lavish amounts in various restaurant and entertainment
establishments, hiding substantial funds offshore, disposing of expensive
assets to family members and friends and claiming falsely that he is a
man of very limited means in responding to all efforts to identity assets
potentially attachable for meeting his obligations. Defendant in depositions
has admitted that his conduct is designed to avoid meeting his obligations
to the Henrys and liabilities to other third parties, including the Internal
Revenue Service."
Bogden continues: "Notwithstanding
the serious issue of Rick Rizzolo's unpaid restitution, he has also ignored
the express strictures governing his supervised release and the Department
of Parole and Probation is either unwilling or powerless to do anything
about it. To be clear, Rick Rizzolo is barred from consummating any financial
contracts without the approval of his probation officer; yet, he has received
over $1 million from his financial dealings since his release. Moreover,
Rick Rizzolo failed to even disclose these transactions to his probation
officer. Nevertheless, the government has taken no action to enforce Rick
Rizzolo's conditions of supervised release pertaining to the consummation
of financial transactions."
But that's not all the government has failed
to supervise. Sources at the Nevada Division of Parole and Probation tell
INSIDE VEGAS that Rizzolo has been adding insult to injury by sending Kirk
Henry monthly donations of $1,000 as purported restitution
toward Rizzolo's outstanding $9 million dollar-plus court ordered debt
to the man who was crippled by a Crazy Horse Too employee after refusing
to pay a padded bar tab.
Adding more insult to injury, the Federal
Government has egg all over its face after issuing a June
1, 2006 Press Release bragging that "justice has been served."
“Due to the perseverance and dedication
of the investigating agencies and U.S. Attorney’s Office, justice
has been served with these guilty pleas,” said Steven M. Martinez,
Special Agent-in-Charge of the FBI’s Las Vegas Field Office. "A message
has been sent that violence and the avoidance of tax liability will
not be tolerated in this community.”
“This plea allows us to quickly and efficiently
accomplish the primary goals of our investigation to remove the current
ownership from the Crazy Horse Too strip club and bring closure to Kirk
Henry and his family for the brutal and tragic extortionate attack at the
club," said U.S. Attorney Bogden.
“It does not matter who you are,
or what business you are in, as Americans we are required to pay taxes,
including employment taxes,” said J. Wesley Eddy, Special Agent-in-Charge
of IRS Criminal Investigation for Las Vegas.
Four and a half years later, the Government's
words have proven to be worthless!
In the September 15, 2010 Las
Vegas Review-Journal column; "Motion paints a picture of
Rizzolo thumbing his nose at justice," columnist John L. Smith wrote:
"Meanwhile, Rizzolo has lived lavishly, neglecting to fulfill the conditions
of his parole and failing to find work. Court documents suggest Rizzolo
doesn't have trouble paying his party debts, just his societal ones."
Judge Pro's ruling on February 22, will
determine if "the avoidance of tax liability will not be tolerated in
this community," and if "justice has been served." Or
it will prove who are the real fools come April 1.
EDITOR'S NOTE: AmericanMafia.com
will be in court on February 22 to cover Rick Rizzolo's Parole Violation
hearing -- unless there are further delays.
BACKGROUND:
http://www.americanmafia.com/Inside_Vegas/2-7-11_Inside_Vegas.html
http://www.americanmafia.com/Inside_Vegas/1-31-11_Inside_Vegas.html
http://www.americanmafia.com/Inside_Vegas/1-3-11_Inside_Vegas.html