his outward contempt
for Federal Court, a beating
and Internal Revenue Service
Rick Rizzolo and his ex-wife
Lisa hide their ill-gotten
assets from a paralyzed
man and creditors
while daring the IRS to
And then there's "Spud
INSIDE VEGAS by Steve Miller
September 14, 2009
LAS VEGAS - Since February 2009, convicted
Racketeer Rick Rizzolo claimed to be without
the funds to pay an attorney to defend him in an attempted murder lawsuit
brought by beating victim Kirk
On July 9, he became his own Pro Se attorney
and filed a Motion
in United States Federal Court stating: "Court submissions by pro se litigants'
are to be construed liberally and held to less stringent standards than
the submissions of the lawyers in opposition, being provided wide latitude,
including but not limited to, unfamiliarity with rule requirements."
Soon after filing his first Pro Se Motion,
Rizzolo began taking advantage of his new status knowing a Pro Se litigant
can communicate directly with the court through his personally written
court filings that automatically become part of the case record and are
read by judges prior to hearings. He also knew that this can happen after
the date document filing closes for opposing attorneys thereby giving him
an unfair advantage.
Between July 9, and August 5, 2009, Rizzolo
filed eleven Pro Se Motions. On August 5, Federal Judge Philip Pro responded
by scheduling a hearing for Tuesday, September 15, to hear arguments.
docket text for document 163:
ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, on 8/5/2009. By
Deputy Clerk: Donna Andrews. At the Motion Hearing set for 9/15/2009 at
10:30 AM, the Court will hear argument on the following additional motions:
 Defendants' Objection to the Court's Order (#151) Granting Plaintiffs'
Motion for Enlargement of Time; Defendants' Motion for Hearing to Stay
Discovery Pending Decision on Dispostive Motions or Certification of Questions
of Law to the Supreme Court of the State of Nevada;  Defendants' Notice
of Plaintiffs' Failure to Join Indispensable Parties and Defendants; 
Defendants' Motion to Dismiss Amended Complaint, Objection and Motion to
Dismiss Second Amended Complaint, First Alternative Motion for Summary
Judgment; Second Alternative Motion to Certify Questions of Law to the
Supreme Court of the State of Nevada.(Copies have been distributed pursuant
to the NEF - DMA)
Following the issuance
of Judge Pro's Order (above), Rizzolo filed an additional five Pro Se Motions
totaling sixteen in ninety days. They included two Motions to reschedule
the depositions of Henry's attorneys; a Motion to remand the case back
to state court for resolution (Rizzolo has friends who owe him favors on
Supreme Court and Clark County District
Court); and a Motion demanding that Hunterton and Campbell be disqualified.
This forced the attorneys
for the Plaintiff to file answers and extensions of time thereby creating
excessive legal fees and stalling the case -- something many court observers
feel was Rizzolo's full intention by becoming a Pro Se litigant.
Don Campbell and Stan Hunterton are both
former Federal Prosecutors. Now they're in private practice and represent
unpaid beating victim Henry who is owed $9 million dollars from Rizzolo
in exchange for a plea agreement that got the former topless bar owner
off with a light federal prison sentence.
Henry's neck was broken in 2001 by a Rizzolo
employee over a disputed $88 bar tab.
In addition to paying Henry, Rizzolo agreed
to pay the IRS in excess of $5 million in back taxes, penalties, and interest
to get off with only a year behind bars.
While he was locked up, Rizzolo's ex-wife
Lisa with the help of an attorney whose brother
is another Federal Court Judge with ties to Senate Majority Leader
Harry Reid, mortgaged all her and her ex-husband's real estate at more
than its present worth, and transferred the new found cash to a bank in
the Cook Islands to avoid paying Henry, the IRS, and other creditors a
total of over $27 million in court ordered debts.
Here's a list of Rick and Lisa Rizzolo's
debts in order of priority according to Judge Pro:
of the United States Marshals Service's costs, expenses, and private counsel's
attorney fees for the real property transaction related to the care and
the sale of the Property and the Trademark and Trade name Crazy Horse Too,
including but not limited to the maintenance, the protection, the repair,
the service of process, the publication, the utilities, the insurance,
the CB Richard Ellis real estate commission, the escrow, the closing costs,
the real estate transfer tax, private counsel's attorney fees for the real
property transaction, etc.;
Clark County Taxes owed on the Property with penalties and interest
City of Las Vegas sewer lien
Security Pacific Bank ($5 million dollar) loan with attorneys' fees, penalties,
restitution of US $9,000,000.00 plus interest to Kirk and Amy Henry
restitution of US $1,734,000.00 plus accruals to the IRS
assessment of US $500.00 plus interest
fines of US $750,000.00 plus interest
forfeiture of US $4,250,000.00 plus interest
City of Las Vegas judgment lien of US $2,192,000.00 plus interest
IRS tax lien against Rizzolo for the 2006 individual income taxes of US
$1,032,535.26 plus accruals
The first court documents Rizzolo said
he personally authored included a Motion to Dismiss Henry's entire lawsuit.
Another "commanded" Henry's attorney Stan Hunterton to appear for Deposition
at one in the morning. Both documents
incorrectly listed Rizzolo's home address as being in Las Vegas when it's
actually in Henderson, 20 miles away.
Hunterton and Campbell immediately recognized
that Rizzolo was not the author and filed a Motion requiring the Defendant
to reveal the identity of his "ghost writer."
Rizzolo complied, and on September 9, 2009
approved his electronic signature being placed on a seven
page court document naming ex-convict James Kimsey, alias "Spud," the
person who authored his Pro Se court documents.
In explaining his ghost writer's qualifications,
Rizzolo (Kimsey) quoted Shakespeare declaring "Me thinks he doth protest
too much'' in regard to Kirk Henry's attorneys, and provided a letter of
reference stating: "I became acquainted with James Kimsey when he was a
prisoner litigator while he was incarcerated in the Nevada prison system.
Mr. Kimsey was entirely self taught without the benefit of any formal legal
I looked a little further into Mr. Kimsey's
background and found this document that includes his alias:
A little more searching found a newspaper
article linking Spud to the Hells Angels.
Probably sensing blood in the water, on
September 11, Rizzolo's former mob lawyer Tony Sgro filed the following
docket text for document 192:
of Appearance by attorney Anthony P Sgro on behalf of Defendant Fredrick
Rizzolo. NOTICE OF SPECIAL APPEARANCE FOR ONE HEARING (Sgro, Anthony)
will be interesting to hear Mr. Sgro of the prestigious firm Patti &
Sgro defend the veracity of Spud's sixteen Motions.
Will Sgro claim Spud
is now part of his team? Or will Sgro throw Spud under the bus?
If Spud is treated
with disrespect by Sgro after Spud was chosen by Rizzolo to file sixteen
amazing Motions, it could possibly help Rizzolo plead insanity -- which
may be his actual goal.
A veteran trial attorney
with no mob ties told INSIDE VEGAS: "You can't just turn on and then turn
off the Pro Se status, especially after filing sixteen sloppy Motions.
I think Judge Pro is about to throw the book at Rick and Lisa Rizzolo for
clogging up the system, wasting taxpayer money, and showing total disrespect
for his court."
Court observers predict that Judge Pro
will require Rizzolo to replace Spud with a licensed attorney, and in the
event Rizzolo can somehow convince Judge Pro that he actually
can't afford licensed legal representation, Judge Pro may assign a
new court appointed attorney to take the place of Spud and Sgro.
However, it's also expected that Judge
Pro will ask Rick Rizzolo what he did with four hundred thousand dollars
Lisa Rizzolo had transferred to him from her Cook Islands account?
Many believe Spud's inclusion on the Rizzolo
defense team is/was a ploy to stall progress in this case, If Judge Pro
replaces Spud with a new court-paid attorney (other than Sgro), all hearings
are expected to be postponed until the new attorney can be brought up to
speed, and that can take months.
Plaintiff Kirk Henry has been waiting for
justice since 2001 when he was rendered a quadriplegic by one of the Rizzolo's
managers. Some suspect that further delay in this case is by design, and
is intended to be a cruel form of "death watch" to find legal ways to stall
justice until Mr. Henry passes away from his injuries.
the meantime, Rick and Lisa Rizzolo's asset protection attorney
John Dawson of Lionel Sawyer & Collins (LS&C) is suspected
of being busy forming new trusts and LLC's into which he will again transfer
the couple's ill gotten assets and then transfer the assets from the Cook
Islands to new
secret off shore banks in other nations that also do not honor U.S.
(I'm not surprised that Spud and Sgro are
involved, but I can't understand why a respected law firm like LIONEL SAWYER
& COLINS would be implicated in such a scam, especially when the firm
employs two of Senator Harry Reid's sons, and Reid wants to be reelected
Following any new transfers, it's predicted
that Lisa Rizzolo will be advised by LS&C to -- this time -- not answer
any more deposition questions about the whereabouts of her and her husband's
hidden assets even if IRS attorneys are asking the tough questions. She
more than likely will be told by her lawyers that she should refer all
such new inquiries to LS&C asset protection attorneys who are expected
to refuse to divulge any more information regarding her finances based
on lawyer-client privilege.
On Tuesday, we'll learn if Judge Pro will
allow Rick and Lisa Rizzolo's legal subterfuge to continue. Or if the court
will declare Rick Rizzolo in Contempt (or order a mental evaluation), and
ask the U.S. Department of Justice to begin criminal prosecution of Lisa
Rizzolo and attorney John Dawson before they make a complete mockery of
our federal justice system, and the Internal Revenue Code.