Is
Parole Officer Eric Christiansen shirking his duties?
INSIDE VEGAS by Steve Miller
AmericanMafia.com
December 21, 2009
LAS VEGAS - This email inspired me to break
my rule of not writing a column during the week before Christmas.
| Mr. Miller,
I just wanted to tell you that I have been
reading your columns on the Henrys vs Rizzolo/CH2 case for years now.
Amy (Henry) is and has been my best friend since we were 15 years old.
Just when I start to give up and think they will never get justice in their
case against Rizzolo, I read something like your latest column and it gives
me hope...hope that both Amy and Kirk along with their children will get
the money owed them and justice that they so richly deserve. It is
long overdue. No one knows what they've been through and are still
going through each day of their lives. So...thank you, and may you
have a wonderful Holiday season.
Sincerely,
Cheryl Thornton |
On October 23, United States Federal Magistrate
Judge George Foley ORDERED:"...that
the Clerk of the Court shall provide the United States Parole and Probation
Office for the District of Nevada with a copy of this Order and the transcript
of the October 7, 2009 hearing."
The Order Judge Foley was referring to
awarded the attorneys for unpaid
beating victim Kirk Henry their reasonable attorneys fees and costs
for having to author and file documents in response to racketeer
Rick Rizzolo’s jail house lawyer James "Spud" Kimsey's fifteen frivolous
Motions or pleadings.
Rizzolo engaged the services of Kimsey
last February after claiming he could no longer afford to pay a licensed
attorney. He mislead the court into believing that he was going to represent
himself Pro Se.
However, Rizzolo neglected to tell the
court that he'd hired a ghost writer after claiming to be personally authoring
and filing court documents. Based on Rick Rizzolo's known lack of writing
skills, Henry's attorneys smelled a rat, and hired a private investigator
to find
out who was ghost writing for Rizzolo. That's when James "Spud" Kimsey's
identity became known
However, by the time Spud surfaced, Rizzolo
had signed his name to this ghost written Motion claiming: "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."
If anything Rizzolo has done so far in
this case should piss off the judge, the arrogance of claiming special
privileges should take the cake!
During the October 7, 2009 hearing leading
up to Judge Foley's Order, Henry's attorneys argued that Mr. Kimsey has
a felony record and that Rizzolo may have violated the terms of his supervised
release by having contact with him. The judge agreed, and sent the file
including the possible conditions of parole violation to Rizzolo's Parole
Officer Eric Christiansen.
P.O. Christiansen did nothing.
Rick Rizzolo is still on the street, often
seen late at night in our town's most expensive venues spending money like
it grows on trees.
Then, instead of going after Rizzolo for
Contempt of Court for hiring a non-attorney ghost writer and signing fifteen
of the ghost writer's court filings including one commanding Kirk Henry's
attorney to appear for a Deposition
at one in the morning (Even a non-lawyer like Rick Rizzolo should have
known you can't depose your opponent's lawyer), Magistrate Foley went after
a much easier target, Spud. On November 30, Judge Foley issued a harshly
worded Order
commanding Kimsey to appear in federal court on January 29, 2010 to show
cause why he should not be prosecuted for impersonating an attorney.
Unfortunately, Spud Kimsey, an associate
of the Hell's Angels Motorcycle Club, vanished from the face of the earth
inspiring Judge Foley to issue the following Minute Order seeking his whereabouts:
December 7th came and went without Rizzolo
or his real lawyer being able to tell the court how to contact Kimsey,
though he seemed to be a regular fixture around Rizzolo's lawyer's office
when he was filing the fifteen court documents. Their ignorance of Kimsey's
whereabouts begs the question; "Has anybody seen Spud?"
Frizzell's admission that Kimsey's involvement
in Rizzolo's case occurred in his law office begs the question, "Was
attorney
Ken Frizzzell complicit in an attempt to stall justice and insult the
Federal Court? Frizzell should also have known that his client's association
with a known felon would jeopardize his parole status, and advised him
accordingly.
If Spud is still alive, and he doesn't
show up at Judge Foley's January 29 Show Cause hearing, will the judge
take his frustrations out on Rizzolo and Frizzell instead? Or will Judge
Foley give Rizzolo another break and let bygones be bygones? You see, Spud
is a much easier target than the politically connected former topless bar
owner, and sending Spud back to the slammer will make some people believe
the court is doing its job.
But it was the politically connected Rizzolo
who signed all of Spud's papers. It was Rizzolo who paid Spud to bother
the court and stall this case for at least six extra months. It was Rizzolo
who knowingly associated with someone who had a felony criminal record.
And it was Rizzolo who failed to pay his court ordered debts.
It's
too late for Rizzolo (left - AmericanMafia.com photo by Mike Christ) to
claim he was unaware of Kimsey's felony record. If he does, all Henry's
attorneys need do is show the court Rizzolo's signature affixed to a September
9, 2009 RESPONSE
that included a letter Kimsey supplied telling of his incarceration in
the Nevada prison system. This document should be of interest to P.O. Christiansen
because it clearly shows Rizzolo's intent to violate parole.
Rizzolo's Conditions of Parole also clearly
mandate that "...the releasee shall make a diligent effort to satisfy any
fine, restitution order, court costs or assessments," and this should also
grab Christansen's attention, especially since not one of the court ordered
fines, restitution orders, or assessments listed later in this column has
been paid.
I suggest that Mr. Christiansen take a
look his own Rules
and Procedures Manual, then start doing his job before the U.S. Parole
and Probation Office for the District of Nevada becomes a laughing stock.
In case he needs a refresher course, here
are the rules and procedures that Eric Christiansen works under (Emphasis
added by Steve Miller):
SUBPART A—UNITED STATES CODE PRISONERS AND PAROLEES
§ 2.204 CONDITIONS OF SUPERVISED RELEASE.(Pg. 241)
(5) Prohibited conduct.
(i) The releasee shall not violate any law and shall not associate
with a person who is violating any law.
(v) The releasee shall not associate with a person who has a criminal
record without permission from the supervision officer.
(ii) The releasee shall make a diligent effort to satisfy any
fine, restitution order, court costs or assessment, or court-ordered
child support or alimony payment to which the releasee is subject. The
releasee shall provide financial information relevant to the payment of
such a financial obligation that is requested by the supervision officer.
If unable to pay such a financial obligation in one sum, the releasee shall
cooperate with the supervision officer to establish an installment-payment
schedule.
§ 2.204-07.(Pg. 248). Association with Persons Having Criminal
Records or Engaged in Criminal Conduct.
(a) The Supervision Officer supervising the case shall have authority
to grant or deny permission to a releasee regarding association
with person(s) having a felony criminal record. A special condition
requiring approval by the Regional Commissioner of such association shall
supersede this authority. For the purposes of this provision, the term
"criminal record" refers to a conviction for a felony or
any other offense for which a term of imprisonment exceeding one
year was, or could have been, imposed.
$ 2.204-14. (Pg. 251). Satisfaction of Court Orders [Including
the Payment of Fines, Restitution Orders, Court Costs and Assessments,
and Court Ordered Child Support or Alimony Payments]. When a releasee
is subject to an outstanding fine, restitution order, court costs and assessments,
court ordered child support or alimony payment, and is unable to pay
the obligation in one sum, the following procedures apply:
(a) The Supervision Officer will meet with the releasee to develop
a written plan for the payment of the fine, restitution order, etc.
The plan will include, among other things, a payment schedule and the amount
to be paid at each installment. It will include also the following clause:
"This plan, and the obligations described herein, are part of the
conditions of my supervised release." The releasee will supply
all financial information and records necessary to the development of the
plan and will sign the plan, along with the Supervision Officer.
A copy of the signed plan will be forwarded to the U.S. Parole Commission.
(b) As to the payment schedule and the amounts to be paid at each installment,
the plan will include any relevant court ordered installment payment schedule.
If no such installment payment schedule exists, one will be developed that
takes into account, among other things, the amount of the fine [restitution
order, etc.] and any interest and penalties due, as well
as the releasee's employment status, earning ability, financial resources,
and the economic burden that the payment of the obligation will impose
on the releasee or his dependents. Where feasible, the installment
payment term for fines and restitution orders should not exceed two years.
(c) When the releasee has an outstanding restitution order in
addition to a fine or other financial obligation, the plan will give precedence
to the satisfaction of the restitution order.
(d) If the releasee refuses to accept the terms of the plan in
general, refuses to accept the installment payment schedule, and/or refuses
to sign the plan, the U.S. Parole Commission will be notified.
The U.S. Parole Commission will then resolve any outstanding disputes
as to terms and installment payment schedules, complete the plan as necessary,
and make the terms and schedules contained therein themselves a special
condition of supervised release.
(f) If the releasee does not make a diligent effort to make the
payments according to the schedule in the plan, the Supervision
Officer will report such failure to the U.S. Parole Commission as a
violation of the conditions of supervised release.
$2.204-22 (Pg. 257). Revocation for Failure to Make Court-Ordered
Payment. In determining whether revocation is appropriate for failure
to make a court-ordered financial payment, the Commission shall consider
the releasee's employment status, earning ability, financial resources,
and any other special circumstances that may have a bearing on the matter.
§2.7 COMMITTED FINES AND RESTITUTION ORDERS. (Pg. 13)
(b) Restitution Orders. Where a prisoner applying for parole is
under an order of restitution, and it appears that the prisoner has the
ability to pay and has willfully failed to do so, the Commission shall
require that approval of a parole release plan be contingent upon the prisoner
first satisfying such restitution order. The prisoner shall be notified
that failure to satisfy this condition shall result in retardation of
parole under the provisions of §2.28(e).
ENTIRE 337 PAGE DOCUMENT:
http://www.justice.gov/uspc/rules_procedures/uspc-manual111507.pdf
Per Federal Court records, here's what
Rizzolo agreed to pay:
All 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.;
The Clark County Taxes owed on the Property with penalties and interest
The City of Las Vegas sewer lien
The Security Pacific Bank ($5 million dollar) loan with attorneys'
fees, penalties, and interest
The restitution of US $9,000,000.00 plus interest to Kirk and
Amy Henry
The restitution of US $1,734,000.00 plus accruals to the IRS
The assessment of US $500.00 plus interest
The fines of US $750,000.00 plus interest
The forfeiture of US $4,250,000.00 plus interest
The City of Las Vegas judgment lien of US $2,192,000.00
plus interest
The IRS tax lien against Rizzolo for the 2006 individual
income taxes of US $1,032,535.26 plus accruals |
Is it possible that P.O. Christiansen has
given "permission from the supervision officer" for Rizzolo to ignore the
standard provisions of the Supervised Release law, and be able to associate
with a person having a criminal record who engages in criminal conduct
per § 2.204-07 (a) (Pg. 248)?
It is possible that P.O. Christiansen has
forgotten to "develop a written plan for the payment of the fine, restitution
order, etc." per $ 2.204-14 (a) (Pg. 251)?
(I provide the page numbers in case
Mr. Christiansen needs them during his review of the rules and procedures
under which he operates.)
And regarding §
2.204-07 (b) (Pg. 248): "...the installment
payment term for fines and restitution orders should not exceed two years,"
Rizzolo has been on parole for over twenty-one months, but not one penny
of his court ordered restitutions, fines, and liens have been paid after
he
hid his fortune in off shore banks with the help of the brother of
another Federal Court Judge -- a judge appointed for life by United States
Senator Harry Reid.
United
States Attorney for Nevada Daniel Bogden (left) was just appointed back
into office by US Senate Majority Leader Harry Reid.
Mr. Bogden is Eric Christiansen's new boss.
Las Vegas Review-Journal columnist
John L. Smith on December 16, 2009 wrote:
"Welcome back to Las Vegas, U.S. Attorney Daniel Bogden.... To make your
office an even bigger laughingstock on this issue, in the Henrys' ongoing
civil case Rizzolo has been signing legal documents he didn't author. His
friend, the multiple felony offender/paralegal James Kimsey has apparently
been ghostwriting for Rizzolo.... I would be grateful if someone could
persuade him to pay the Henrys just the cash he gambles as a Strip high
roller. Add to that the hundreds of thousands of dollars he's so generously
contributed to political and judicial campaigns in recent years, and that
$9 million debt would be whittled substantially."
(I suggest that Mr. Bogden also review
§ 2.204 CONDITIONS OF SUPERVISED RELEASE in order to ascertain whether
Rick Rizzolo is receiving special treatment.)
The man who appointed Bogden, Senator Reid,
is a business partner of
Jay
Brown who has ties to Rizzolo. The Parole Office is completely ignoring
Rizzolo's violations of several provisions in his Conditions of Supervised
Release. Is there a connection?
In the meantime, Kirk Henry is spending
his eighth Christmas confined to an electric wheelchair without receiving
one cent of the $9 million dollars in restitution Rizzolo agreed to pay
him in exchange for a feather light prison sentence and four years parole
under the "supervision" of Eric Christiansen.
During this season of giving, I can't help
but believe that some very powerful person is playing Santa Claus for Rick
Rizzolo and his ex-wife Lisa, or they would be paying their bills by now.
He's been out of prison for almost two years for God's sake, and Mr. Henry
and the IRS are still waiting!
Can you imagine you or me getting away
with ignoring over $27 million in court ordered debts including over $10
million owed to the IRS, and still be allowed to party
like a rock star?
MERRY CHRISTMAS!
Steve
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