progress in USA v. Power Company, Inc. et al,
Henry et al v. Rizzolo et al, has stalled
Ninth Circuit Court appeal
Rick Rizzolo's alleged corporate
personhood is now cited as
the latest reason he should
be relieved of having to pay
his bills and why his conviction
should be reversed
is the status conferred upon corporations exclusively under the law of
the United States, which allows corporations
to have rights
responsibilities similar to those of a natural person. There
is a question about which subset of rights afforded to natural persons
should also be afforded to corporations as legal persons." - wikipedia
continues to maintain that under the express terms of the binding
plea agreement in this case, Mr. Rizzolo
was not even obligated to pay restitution to the Henrys in the first place
and that that commitment was binding solely upon the Power Company, Inc.
– an independent person both in contemplation of law and under the
terms of the plea agreements in this case.
And the government’s repeated characterization of that corporation as 'closely
held ' does nothing to change that fact." - Dominic P. Gentile, Esq., Paola
M. Armeni, Esq., Margaret W. Lambrose, Esq. - attorneys for Rick Rizzolo
INSIDE VEGAS by Steve Miller
March 12, 2012
LAS VEGAS - The federal government's criminal
case and beating victim Kirk Henry's civil case against Rick, Lisa, and
Kimtran Rizzolo have come to a complete standstill.
This may be because on March 19, 2012,
the U.S. Ninth Circuit Court of Appeals will hear ten minute oral arguments
from former strip club owner Rick
Rizzolo's attorney and rebuttal by a federal prosecutor as to why all
convictions against Rizzolo should be reversed.
Rizzolo is initially asking to be released
immediately from federal prison and not have to serve two additional years
of parole for violating the conditions of his supervised release. But most
troubling is his reason to be relieved of his personal obligation to pay
millions in back taxes, and pay beating victim Kirk Henry the remaining
$9 million restitution he's owed.
Rizzolo's attorneys contend that the money
to pay their client's court ordered debts was supposed to come from a financially
broke corporation called the Power Company, Inc.
that Rizzolo's attorneys now refer to as "an independent person."
They also repeat their long stated contention that the government is at
fault for refusing to operate the Crazy Horse Too topless bar to preserve
the corporation's value so that Rizzolo's "closely held" corporate personhood
could pay his (personal) debts.
Rizzolo also contends that Henry's attorneys
should not have been allowed to speak at his sentencing and their characterization
of him as a "gangster” and a “professional criminal” hell-bent on “cheating
the squares,” prejudiced United
States Federal Judge Philip Pro's decision.
Links to Rizzolo's
two BRIEFS currently being studied by the Ninth Circuit Court:
Link to the 33
page January 26, 2012, ANSWERING BRIEF by
U.S Attorneys Daniel G. Bogden, Peter S. Levitt, and Robert L. Ellman
also being studied by the Ninth Circuit Court:
Keep in mind that hundreds of thousands
of dollars in fees are being paid to Rick Rizzolo's legal team at the Gordon
Silver law firm from bank accounts controlled by Rick's stepmother
Rizzolo. These are funds that Judge Pro on October 27, 2011, ordered
paid to Kirk and Amy Henry (see below).
Kimtran Rizzolo claims she inherited the
millions of dollars from the sale of the Philadelphia
Crazy Horse Too, and that the money was owed to her deceased husband
Rizzolo, money she immediately transferred upon receipt to "Lions Limited
Partnership, LLC," another of the Rizzolo's corporate personhoods that
continues to be drained to pay Gordon Silver instead of the Henrys in spite
of Judge Pro's order
In her answers
to interrogatories and responses to request for production filed with the
Federal Court on November 4, 2011, Kimtran stated: “My
husband, Bart Rizzolo owed money to Rick Rizzolo for purchase of jewelry
and directed his wife (Defendant) to pay the obligation by transferring
monies owed by Rick Rizzolo for attorney’s fees to Kenneth Frizzell, Esq.
and Gordon & Silver, Esq.”
Apparently, no one can stop the pilferage
while Rizzolo's appeal is pending!
The October 27, 2011, Order Directing Transfer
of Funds to the Henrys is currently one of the items being appealed along
with everything else bearing Judge Pro's signature in USA
v. Power Company, Inc. et al, and Henry et al v. Rizzolo et al.
Rizzolo leaving court on
July 20, 2011 with attorneys Dominic Gentile and Margaret Lambrose
after being convicted of
parole violations resulting in nine additional months in federal prison,
and a two year extension
of his parole.
(AmericanMafia.com photo by Mike Christ)
Kirk Henry in 2001 was beaten into quadriplegia
when he disputed his bar tab at Rizzolo's Vegas Crazy Horse Too. The Kansas
tourist sued and immediately received the $1 million dollar limit from
Rizzolo's Farmer's Insurance umbrella policy. Since then Rick Rizzolo has
personally paid Henry a total of only $4,000 out of the $9 million he agreed
to pay Henry in exchange for a shortened prison sentence.
The Ninth Circuit Court hearing scheduled
for March 19 in Las Vegas is shaping up to be a monumental moment in American
(The hearing is not open to the public.)
common sense prevails, the court will rule in favor of the United States,
and Kirk and Amy Henry.
If the court decides in Rizzolo's favor
and reverses all or most of Judge Pro's rulings based on corporations being
"independent persons," and Henry's attorney allegedly prejudicing the court
at Rizzolo's sentencing, it may set a legal precedent saying "closely held"
corporations can safely harbor ill-gotten gains and protect family-related
shareholders from lawsuits brought by severely injured parties, or from
collection by the IRS.
The ruling to be made by a three judge
panel next Monday could also put an abrupt end to Kirk Henry's quest for
justice that has languished in state and federal courts for over ten years.
If Rizzolo's conviction is reversed, millions of tax dollars will have
been wasted investigating and prosecuting him, and a dangerous legal precedent
will be set providing "gangster(s)” and “professional criminal(s)”
hell-bent on “cheating the squares” with a how-to formula to make crime
really pay, and an almost foolproof corporate method to protect their spoils.
Can Lady Justice be that blind?