lies to the court - And a judge's hollow words
"Sorry teacher. My dog ate my homework."
- Frederick Rizzolo, age 12
"Sorry Judge Foley. My financial
records were seized by the
government; or accidentally shredded;
or destroyed in a
flood at my lawyer's office." -
Rick Rizzolo, age 51
INSIDE VEGAS by Steve Miller
February 22, 2010
LAS VEGAS - Attorneys for unpaid
beating victim Kirk Henry have until March 31, 2010 to complete their
discovery in a drawn out, politically
charged, personal injury lawsuit against former Crazy Horse Too strip
club owner and convicted racketeer Rick
Henry was rendered a quadriplegic in 2001
by a Crazy Horse manager after he disputed a padded $88 bar tab. His beating
inspired a civil lawsuit and FBI investigation that led in 2006 to the
conviction of Rizzolo and fifteen of his employees.
However, since his release from prison
on April 4, 2008, Rizzolo has not yet paid one penny of over $17 million
dollars in fines, restitution, and taxes he agreed to pay in exchange for
a feather light prison sentence. Weeks prior to beginning his plea negotiations,
and in anticipation of litigation and possible seizure, he divorced his
wife and set up off shore accounts in her name.
Because of a lack of cooperation from Rizzolo
and his legal team, attorneys Don Campbell and Stan Hunterton who represent
Henry have filed three Motions to Compel to try to get the United States
Federal Court to force Rizzolo to produce his financial records from the
time of his conviction in 2006 up to the present day.
On February 16, 2010, Rizzolo's attorney
filed a 9 page OPPOSITION
TO PLAINTIFF'S RENEWED MOTION TO COMPEL that included two ridiculous
excuses as to why his client cannot produce financial documents he was
three times ordered to produce.
The fist excuse (below) states that "the
government" seized all Rizzolo's documents from 2006 - 2008.
second excuse was that "some copies" of the documents were in the possession
of Rizzolo's attorneys Dean
Patti and Tony Sgro. Both events purportedly occurring "outside
the control of Mr. Rizzolo."
The court needs to be made aware that a
massive shredding occurred on the morning of April 3, 2007 at Rizzolo's
office behind the Crazy Horse Too at 2486 Industrial Road (see photos below).
INSIDE VEGAS reported the shredding on April 16, 2007 in an exclusive AmericanMafia.com
column entitled "Rizzolo
ducks deposition to avoid questions about straw man while tons of documents
The publication date of the AmericanMafia.com
column and its associated photos put a time stamp on when Rizzolo destroyed
the majority of his personal and business records. The rest of those records
were purportedly destroyed in a "flood" on the second floor of Patti &
Sgro's downtown law office.
Here's a page from Rizzolo's latest Opposition
to Henry's efforts to locate his hidden
Because the shredding took place during
the time period supposedly "outside the control of Mr. Rizzolo," the question
is ripe as to who other than Rizzolo authorized the destruction of documents
now needed in HENRY vs. RIZZOLO, et al?
The government certainly did not authorize
the destruction of such vital information weeks before Rizzolo reported
to federal prison to begin his sentence for tax evasion, and he was
in town on the day of the shredding! Could Rizzolo now be lying to the
court saying the shredding was "outside" his "control?"
Rizzolo is followed out of the Las Vegas Federal Court House by Steve Miller
and Buffalo Jim Barrier
guilty to racketeering and tax evasion. (AmericanMafia.com
photo by Mike Christ, 06/01/06)
On the morning of April 3, 2007, Rick Rizzolo's
next door neighbor the late Buffalo Jim Barrier arrived at his auto repair
business to find two Shred Pro trucks parked in front of Rizzolo's warehouse
located across the alley from the Crazy Horse Too. Barrier grabbed his
Nikon and began snapping pictures as he's often done when he saw activity
that might be of interest to federal law enforcement officials.
to Barrier (left), a half dozen Crazy Horse employees worked throughout
the morning carrying large file boxes full of unknown documents to the
trucks that quickly ground the contents into confetti. Based on each truck's
four ton capacity, it appears that Rizzolo shredded over 20 years worth
of records dating back to the club's opening.
Barrier immediately informed the FBI of
the shredding, however no officials responded. The mysterious event went
unnoticed until my column appeared two weeks later.
Barrier was Rizzolo's worst critic. As
a former professional wrestler and wrestling instructor, he detested bullies.
When Kirk Henry's neck was broken by a Crazy Horse Too employee in 2001
after he protested a padded bar tab, it was Barrier who snapped photos
of Henry being rolled away on a gurney. I broke the news in a front
page story for a local newspaper, and Rizzolo sued me and the paper
"Virtually every week, Mr. Miller writes
an article disparaging Mr. Rizzolo. I understand the importance of a free
press. Mr. Miller is certainly entitled to his opinion and he is entitled
to express that opinion in print. What Mr. Rizzolo has always objected
to is not Mr. Miller's negative opinions of him, but of the weekly misstatements
of fact. In the hundreds of articles written by Mr. Miller about Mr. Rizzolo
over the years, one would be hard pressed to find a single one that was
not replete with inaccuracies." - Attorney Tony Sgro, July 10, 2003
Tony Sgro (left), representing topless bar owner Rick Rizzolo, argues unsuccessfully
for a gag order against Steve Miller. At right are attorneys Dowon Kang,
Chris Rasmussen and Gus Flangas, who opposed the request. Miller chose
not to participate in the Nov. 13, 2001 hearing that was also attended
by attorneys for the ACLU and Las Vegas Review Journal. (Las
Vegas Review Journal photo by Gary Thompson)
(Nine years after the failed gag order
hearing, everything I have published about Rizzolo and the Crazy
Horse Too has been proven factually accurate.)
Shortly after my 2001 front page story,
Rizzolo wrote a Letter
To The Editor trying to say that Kirk Henry tripped and fell. "A customer
leaving the club drunk did trip, but in no way was this man 'beaten,'"
His attorneys told NBC
News the same story. "You don't even have to fall off a curb. You
can take a spill as you walk across a parking lot. You don't even need
the added height of the curb," stated attorney Tony Sgro. "I do know what
our experts are telling us and our experts are telling us that universally
the type of injury that Mr. Henry sustained is always the result of a slip
and fall. Universally that's not up for debate."
But Barrier's photos and eye witness accounts
told a different story, especially after the photos were shown on network
TV and witnesses starting coming forward.
The FBI soon caught wind of the story,
and in 2002 began an in-depth criminal investigation of Rizzolo and his
Even though he was front page news in Vegas,
Rizzolo was living the high life in Orange County, California where he
has a beach house. However, his notoriety began to catch up with
him when he tried to befriend the local sheriff around election time, and
commercial aired throughout the Los Angeles area saying Rizzolo had
"ties to the mob." This signaled the start of Rizzolo's demise and began
his path to prison. His Sheriff
friend soon followed him to the penitentiary, but for unrelated crimes.
In his 2005 plea negotiations, Rizzolo
agreed to pay Henry $10 million dollars if he could get a lightened sentence
($1 million was paid by Rizzolo's insurance, the $9 million balance has
not been paid.) The government fell for Rizzolo's offer, and on April 4,
2008, after a year and a day in prison, Rizzolo was released.
On April 5, 2008, Buffalo
Jim Barrier died under mysterious circumstances. It was the day after
Then on October 28, 2008, Dominic Rizzolo,
the 26 year old son of Rick Rizzolo, pleaded
guilty to Battery With Use Of A Deadly Weapon and received a
five year suspended sentence and probation.
On September 8, 2008, Ralph Rizzolo, the
brother of Rick, narrowly
escaped death when he crashed his Mercedes Benz at high speed into
the wall of Buffalo Jim Barrier's closed garage. He was not charged with
a crime, though the property had been seized by the government at the time.
After spending time in prison; his son's
felony conviction; and his brother's suicide attempt, it appeared that
Rizzolo's luck was changing for the worse. But that wasn't entirely the
case. Eighteen months later in February 2010, Rick and Lisa Rizzolo still
have their money, and the IRS and Kirk Henry are no where nearer getting
(Ralph Rizzolo is working at a local strip
club, and Dominic Rizzolo is the assistant general manager of The
Point, a time share resort in Orlando, Florida owned by a friend of
his father. I wish them both peace and tranquility.)
I present Barrier's photos taken on April
3, 2007 in hope they'll be Buffalo Jim's "gift from Heaven" to Kirk Henry
and his attorneys so they can get some traction in this prolonged case.
The shredding occurred between 2006 and 2008 during the time the
"government" had allegedly "seized and held" the Rizzolo's information
per Rizzolo's attorney's claim, and the clandestine shredding event was
definitely not "outside the control of Mr. Rizzolo" who was not
in jail at the time!
Pictures are worth a thousand words.
Rick Rizzolo is lying!
I rest my case.
And regarding that "flood" that purportedly
destroyed the rest of the Rizzolo's records, here's Judge Foley's response:
Sgro & Lewis has, in fact, placed its credibility in issue
(emphasis added) by
stating that it is unable to produce client records that it had a legal
duty to retain and which one would expect an attorney to retain. Patti,
Sgro & Lewis’s assertion that client records may have been destroyed
in a flood was uninformative as to when the flood occurred,
where it occurred and extent of records destroyed. It is reasonably incumbent
on Patti, Sgro & Lewis to demonstrate the validity of its explanation
that records relating to Mr. and/or Mrs. Rizzolo were or may have been
destroyed in a flood. The discovery sought by Plaintiffs is therefore
a reasonable follow-up to its efforts to obtain relevant records from the
Rizzolos’ attorneys. Patti, Sgro & Lewis has not demonstrated that
it will incur a substantial burden and expense to locate and produce records
relating to a flood which apparently occurred within the past several
to Compel - #129 - ORDER
delivered by George Foley, Jr., United States Magistrate Judge, June 30,
During the months following this ORDER,
no public record was ever entered proving Patti, Sgro & Lewis complied
by demonstrating the validity of a "flood" having destroyed Mr. and Mrs.
Rizzolo's records. Their non-compliance followed by a lack of court ordered
sanctions made Judge Foley's Order appear to be disingenuous, and his words
A hearing will take place in U. S.
District Court District of Nevada in Las Vegas at 11 AM on February 25
to hear Rizzolo's argument as to why he cannot produce required discovery
information that he may have had shredded or had his attorney purposely
It is very clear based on these latest
developments that Rick Rizzolo, through his attorney, is committing fraud
upon the court.
If he gets away with this at a time when
he owes the IRS over $5 million dollars, and owes Mr. Henry over $9 million,
then it should be possible for any citizen to complain to the IRS
and other creditors that they "lost" their financial records, then not
be required to pay what they owe.
This case has gone on for far to long.
The ball is back in Judge George Foley's court -- again!
If Kirk Henry's attorneys can use Barrier's
photos to gain movement in this long-stalled case, then Buffalo Jim will
have spoken from the grave.
LISTEN TO THE
GHOST OF BUFFALO JIM
READ: "Steve Miller Interview: Crime and
Corruption in Present day Las Vegas:"