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 8-12-13
Inside Vegas - Steve Miller

Steve Miller is a former Las Vegas City Councilman. In 1991, the readers of the Las Vegas Review Journal voted him the "Most Effective Public Official" in Southern Nevada. Visit his website at: http://www.SteveMiller4LasVegas.com


HENRY v. RIZZOLO - CASE CLOSED
Millions in restitution finally paid to beating victim

Fraudulently transferred $3 million held in trust awaits
Ninth Circuit Court of Appeals decision, and Rizzolo
files new suit seeking all decisions be reversed

2:08-cv-00635-PMP-GWF Henry et al v. Rizzolo et al
Philip M. Pro, presiding
George Foley, Jr, referral
Date filed: 05/16/2008
Date terminated: 08/01/2013


       Rick Rizzolo (Inside Vegas photo by Mike Christ)               Kirk Henry (LV Review-Journal photo)

INSIDE VEGAS by Steve Miller
AmericanMafia.com
August 12, 2013

LAS VEGAS - In a case that's dragged on since September 20, 2001 when Kansas tourist Kirk Henry disputed a padded bar tab and had his neck broken by a manager of the then-Crazy Horse Too strip club in Vegas, justice has finally prevailed.

Never in this city's history have so many high level politicians, judges, and DA's, stepped in to protect a goose that once laid golden eggs, especially around election time. Had it not been for Mr. Henry's excellent choice of bull dog attorneys Don Campbell and Stan Hunterton, his story would never have been told, the strip club and its shady proprietor would still be in business, and the names of several crooked politicians and judges that fought to keep it open would never have been revealed.

On August 1, 2013, U.S. Judge Philip Pro put his signature on the closing pages of this story when he ordered Dismissal with Prejudice of this ad nauseam case (below), and through his Order signified that Henry had received all or most of the $10 million dollars in court ordered restitution that former Crazy Horse Too owner Rick Rizzolo agreed in his 2006 plea bargain to pay in exchange for a shortened prison sentence.

A civil matter which is "dismissed with prejudice" is over forever. This is a final judgment, not subject to further action.


On June 13, 2013, Rick's ex-wife Lisa Rizzolo was dismissed with prejudice from Henry's lawsuit (below) after she transferred an undisclosed amount of money from her Cook Islands account to Henry. This leaves only Kimtran Rizzolo, Rick's step mother, as the lone remaining Defendant pending resolution of her appeal before the Ninth Circuit Court in San Francisco.


The February 4, 2013, INSIDE VEGAS column "Lisa Rizzolo Nickel And Dimed Into Submission" tells the hidden reason why Lisa agreed to settle.

MORE INFORMATION ON LISA'S SETTLEMENT: http://www.americanmafia.com/Inside_Vegas/6-17-13_Inside_Vegas.html

Staying true to course, the Rizzolos are not giving up without causing further expense to the Henrys and taxpayers.

Kimtran Rizzolo's pending appeal is based on the same flimsy grounds that caused the Ninth Circuit Court to deny the previous appeals of Rick on April 12, 2012, and Lisa on August 9, 2012, that had their strip club been allowed to remain open under the government's management, it would have retained its value, and they would have had the funds to pay Henry, the IRS, and other creditors. Anticipating her failure before the Appeals Court, the Federal Court in Las Vegas seized Kimtran's ill-gotten assets pending the outcome of the appeal.

Kimtran's argument is almost identical to those plead by attorneys for Rick and Lisa in their appeals that were soundly denied. The "unsellable" argument has twice before been rejected by the Ninth Circuit Court of Appeals, and is expected to once again be rejected at Kimtran's upcoming appeal hearing.

Per Rick's failed February 13, 2012 appeal, attorney Dominic Gentile argued: "The government thereupon assumed that right and corresponding obligation but thereafter failed to timely renew the privileged adult use and tavern licenses of the business; and as a result, the area in which the club was located was thereafter re-zoned by the City of Las Vegas so as to prohibit adult uses; and the club became unsellable, fell into disrepair, and has since been foreclosed upon by the mortgagee." http://www.stevemiller4lasvegas.com/RizzoloReply02-13-12.pdf

Per Lisa's failed appeal, attorneys George Kelesis and Mark Bailus reiterated Rick's argument: "In September 2006, the City of Las Vegas revoked the liquor and/or business license of the Crazy Horse Too. At the time of the revocation, an escrow had been opened for the sale of the Crazy Horse Too in the amount of $45 Million. The planned sale of the Crazy Horse Too reportedly failed because of the revocation of its liquor license which diminished its value." http://www.stevemiller4lasvegas.com/RizzoloLisasPetitionForWritOfMandamus-05-18-2012.pdf

Now, Kimtran's attorney Herb Sachs is regurgitating the same failed pleas: "Although the government thereupon assumed that right and corresponding obligation, it thereafter failed to timely renew the grandfathered privileged adult use and tavern licenses of the business, and the area in which the club was located was thereupon re-zoned by the City of Las Vegas so as to prohibit adult uses. And as a result, the club became unsellable, fell into disrepair, and was ultimately foreclosed upon by the mortgagee on July 1, 2011." http://www.stevemiller4lasvegas.com/RizzoloKimtranAppeal-9-19-12.pdf

It's not hard to imagine that the Appeals Court will treat Kimtran's appeal the same as it did Rick and Lisa's.

MORE INFORMATION ON RICK AND LISA'S FAILED APPEALS:
http://www.americanmafia.com/Inside_Vegas/4-9-12_Inside_Vegas.html
http://www.americanmafia.com/Inside_Vegas/8-13-12_Inside_Vegas.html

But it's not over yet. There's two more things: Rick's baseless new lawsuit against Kirk Henry filed on November 29, 2012, and a pesky $11,973,440.31 lien from the IRS.

In his latest lawsuit, Rick asks a new Federal Court Judge to reverse every ruling that has taken place since the initial May 16, 2008 filing of Henry's lawsuit. However, no one who has closely followed HENRY v. RIZZOLO expects this lawsuit or Kimtran's appeal to be successful.

And there's the IRS lien the court ordered be placed on hold until all remaining matters concerning Kirk Henry's money are resolved. When that happens, it's expected the IRS will begin civil and possibly criminal proceedings against Rick and Lisa to collect the taxpayer's $11,973,440.31 plus interest they still owe.

As part of his plea agreement, Rick Rizzolo agreed to not declare bankruptcy to avoid paying Henry and the government, so this could get exciting -- possibly the reason Rick filed a new lawsuit against Henry, and Kimtran is appealing an unappealable case -- to stall off the IRS until the Rizzolo's politically connected Protector can transfer their remaining assets off shore.


LISA RIZZOLO ADMITS LYING TO THE IRS ABOUT HER OFF SHORE ACCOUNTS: http://www.stevemiller4lasvegas.com/LisaRizzoloDeposition.html

It looks as though the Rizzolo's story is far from over, so throughout this column I've provided links to additional information that may be helpful in explaining how the hands of justice can move so slowly when major political players are involved.

In the meantime, Congratulations Kirk Henry! Thanks for persevering.

FULL CHRONOLOGY OF THIS CASE AND OTHERS INVOLVING THE RIZZOLOS AND THE CRAZY HORSE TOO:
http://www.stevemiller4lasvegas.com/RickRizzolo.html
http://www.americanmafia.com/Inside_Vegas/Inside_Vegas_Archive.html
http://www.canadafreepress.com/index.php/members/46785/Steve%20Miller/31

This week's INSIDE VEGAS is dedicated to the memory of the late Buffalo Jim Barrier.
http://www.stevemiller4lasvegas.com/BuffaloJimPhotoGallery.html



* If you would like to receive Steve's frequent E-Briefs about Las Vegas' scandals, click here: Steve Miller's Las Vegas E-Briefs

Copyright © Steve Miller


email Steve Miller at: Stevemiller4lv@aol.com





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