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
Rizzolo throws a
technicality at the court
Dumps Patti & Sgro and
hires a Mormon law firm
14. At no time since the
purchase on or about April 30, 2002,
has
title to the Real Property been conveyed from RICRIZ
to
defendant RIZZOLO.
18. The real
property is vested in RICRIZ and not
defendant Rizzolo, and therefore the Substitute
Assets Order (forfeiture)
is invalid.
INSIDE
VEGAS by Steve Miller
AmericanMafia.com
October 1, 2007
LAS VEGAS - If the well connected attorneys at Lionel,
Sawyer, and Collins earn their hefty fee, associates of their
newest
client Rick
Rizzolo might be back breaking necks at the Crazy Horse Too
topless bar before the end of the year.
In an amazing show of disrespect to his former store front lawyers,
Dean
Patti and
Tony Sgro, Rizzolo welched on over $80,000 in legal bills and
switched over to a politically connected Mormon law firm with offices
in Las Vegas, Reno, Carson City, and
Washington, D.C.
Lionel, Sawyer, and Collins have ties
to United States Senator Harry
Reid and are closely associated with former U. S. Senator
Richard Bryan, former
Nevada Governor Bob Miller, and Clark
County Commission Chairman Rory Reid who is Harry's son. Unlike
criminal defense lawyers Patti & Sgro who were fiercely loyal to
their biggest client but usually lost Rizzolo's cases, Lionel,
Sawyer, and Collins are not known for defending criminals, but are
accustomed to being
on the winning side in civil cases in Nevada's State and Federal courts
where they are well known for being the driving force behind the
election or appointment of most Nevada State and Federal Judges.
In fact, I cannot remember the name of any sitting Nevada judge who was
elected or appointed without the firm's prior blessings.
Lionel, Sawyer, and Collins is the best money can buy, and it takes
millions of dollars to get such a legitimate law firm to stoop so low
as to hide assets from beating and murder victims, but for a price
that's exactly what they are
doing for Rick and Lisa Rizzolo.
Immediately following Rick and Lisa's hasty divorce in 2005,
and four years after beating
victim Kirk Henry filed his attempted
murder civil lawsuit against Rizzolo and the Crazy Horse, the
Rizzolos began their relationship with Lionel, Sawyer, and Collins by
hiring asset protection specialist John E. Dawson to form a number of
new legal entities in which to hide their assets from any judgment
Henry and others with claims against the Crazy Horse might win.
The Rizzolo's timing was very suspicious because in addition to Henry's
ongoing case, the widow
and daughters of Scott
David Fau who was beaten to death by Crazy Horse bouncers
in 1995, were working with new attorneys to re-file their wrongful
death civil lawsuit. This was also in 2006 when Dawson began hiding his
client's assets -- a time in history when violence at the Crazy Horse
Too was becoming a top story.
Another case, a harassment lawsuit brought by Crazy Horse neighbor
Buffalo Jim Barrier was also awaiting trial and being reported in the
news. So Dawson hid assets fully knowing his actions could be
considered fraudulent. However, I cannot remember a time in Nevada
history when a Lionel, Sawyer, and Collins attorney faced disciplinary
action, so Dawson must've felt he could get away with fraud -- for the
right price. This is Nevada
after all!
Rizzolo only carried a one million dollar umbrella insurance policy,
and without being able to attach his and his wife's personal assets,
the Henrys and Faus would find it nearly impossible to get lawyers to
take their cases on contingency. But before John Dawson went to work,
they did find good lawyers to take their cases, though that might not
last long in the Henry's case if Rizzolo's latest legal move gains
traction. Mrs. Fau's new attorneys have pledged to go to the mat with
Rizzolo no matter what, but Henry's lawyers look exhausted and ready to
settle for dimes on the dollar to get the case behind them -- exactly
what the Rizzolo's and John Dawson are asking the court to let happen.
Keep in mind that Rick and Lisa Rizzolo were married at the time most
of the crimes occurred, so she's fifty percent responsible for paying
judgments in
cases filed before her 2005 divorce. The Henry, Fau, and Barrier cases
were all filed before 2005.
Even though these cases were front page news, Dawson went to work in
2006 in the middle of a highly publicized Federal investigation and
found legal shelters fully knowing his client's despicable intentions,
and that the court could easily reverse his actions.
It seems that making a quick buck easily overrode common sense for
attorney Dawson.
John Dawson is the brother U. S. Federal Court Judge Kent Dawson who
was at the time presiding over the trials of 16 Crazy Horse Too
defendants accused of robbery, extortion, and battery. Nonetheless,
Judge Dawson's brother immediately transferred the couple's three
homes, annuities, land under the Philadelphia Crazy Horse Too, and
other valuables into the newly formed RILI
LLC,
DOMOLE
LLC, NAMES
NEVADA, LLC, LIONS
LIMITED PARTNERSHIP, and the Lisa
M. Rizzolo Separate Property Trust.
John Dawson is listed as Corporate Agent on all the above shell
corporations.
The divorce and all asset transfers occurred after law suits were filed and after Rick Rizzolo began
negotiating his plea agreement.
According to another attorney with Dawson's firm, a Limited Liability
Corporation called RICRIZ
LLC already owned the Crazy Horse Too since 2002. Therein lies the
discrepancy Rizzolo claims will invalidate the government's taking of
his business and property on August 14, 2007. RICRIZ LLC is not named
in any legal documents filed in Federal Court (example of listing on
left).
Bare with me if this all sounds terribly complicated. That is the full
intention of the lawyers working for Rizzolo -- to muddy the legal
waters so he can get his criminal enterprise back without the public
having a clue what happened to make it possible.
John Dawson made sure that new LLCs and Trusts were solely owned by
the "Rick and Lisa Rizzolo Family Trust," thereby creating numerous
layers of protection for the Rizzolo's fortune. In other words, if
these layers are allowed to stand,
the Rizzolo's are judgment proof!
According to a PETITION AND REQUEST FOR HEARING filed on Friday,
September 28 by attorney Fred
"Pete" Gibson, III, a terrible mistake was made by prosecutors in
"OPERATION CRAZY HORSE" that resulted in the erroneous forfeiture of
the infamous
topless bar and real estate.
Gibson argues that the saloon and property were confiscated from the
wrong owner
based on the headings of virtually every document filed
in the case with the U.S. Federal Court. Gibson contends that the Crazy
Horse is still owned by his client RICRIZ LLC -- not Frederick Rizzolo,
and because RICRIZ LLC was never
listed as a defendant, the taking was invalid and should be reversed.
In Nevada, LLCs, Spendthrift Family Trusts, and shell corporations are
treated as autonomous entities too often fraudulently used as a means
to
insulate guilty parties from liability in legitimate lawsuits. In Rick and
Lisa Rizzolo's
case, the couple found the right lawyer at the right time to devise a
scheme to protect their millions.
The Rizzolos made a brilliant choice in John Dawson, brother of the
Federal Court Judge who gave 16 of
Rizzolo's former Crazy Horse employees the lightest sentences possible
for crimes they committed on
Crazy Horse customers -- crimes that made the Rizzolo's filthy rich.
Judge Dawson, who was appointed for life by U.S. Senator Harry Reid,
did not disclose his brother's employment by the Rizzolos during the
2006 trials of the "Crazy Horse 16."
Being a Federal Court Judge for life, little can be done to punish him
for nondisclosure.
What is the next trick Rizzolo and his new lawyers have up their
sleeves?
Rizzolo's legal team
will present the argument that the government confiscated property from
the wrong person. That Frederick John Rizzolo does not own the
forfeited Crazy Horse Too. His corporation RICRIZ LLC does, and it
should be given back the property.
Just a technicality? Sure. But in Nevada's political/judicial
environment, it might just work.
The lawyers argue that Rizzolo should be allowed to recover his
property (most likely
to sell it to a straw man and remain in charge behind the scenes).
The wording in Rizzolo's PETITION goes so far as to emphasize the
autonomy of LLCs and Family Trusts as if they were individual human
beings totally innocent of the crimes 17 persons were convicted of
committing at the Crazy Horse.
Here is the last page from the PETITION that spells out Rizzolo's amazing
request
to the court (click on image to enlarge):
U.S. Federal Court Chief Judge Philip
Pro has not yet set a date to
hear the above PETITION. When he does, it will be fascinating to
observe RICRIZ LLC's arguments that Rick Rizzolo is not liable for
overseeing and condoning the brutality that inspired 17 felony
convictions and the forfeiture of
the "LLC's" land and building. That the felonies occurred at the hands
of a corporation... and only the
corporation should receive punishment.
If the Judge agrees that Rizzolo
through his corporations and
family trust is only a "third party" to the brutality, then a dangerous
precedent will be set.
In addition to Kirk Henry's $9
million lien ($1 million has been paid
by Rizzolo's insurance), Clark County District Court Judge
Elizabeth Gonzalez also granted Crazy Horse neighbor Buffalo Jim
Barrier an additional $1 million dollar lien on the Crazy Horse
property that is currently being evaluated by an appraiser commissioned
by the U.S. Department of Justice.
Following
release
of the appraisal, the property is expected to be sold to the
highest bidder. However, because the property no longer possesses an
active liquor license and has been shuttered since July 1, it's being
considered at "warehouse" value by the Federal government.
The Nevada
Dept.
of Transportation has announced it intends to take a 23 foot deep swath
of the property's frontage for a road widening. This fact, in addition
to toxic waste found on the property and its proximity to the Sahara
overpass and railroad tracks is expected to render the value somewhere
between $6 and 10 million.
Anyone who
offers more than the appraised value will come under heavy
scrutiny
by the U.S. Department of Justice who do not want to see organized
crime figures regain control of the business and property.
Because Judge Pro has already ruled
that Kirk Henry will be paid his $9 million before anyone else is paid
including the IRS and bank, the balance not covered by the real estate
sale must come from the personal assets of Rick and Lisa Rizzolo, or go
unpaid if the judge takes Lionel, Sawyer, and
Collins' PETITION seriously.
These debts include over $5 million
owed to the IRS, $2.3 million claimed by the City of Las Vegas,
the recent request by Patti & Sgro for a lien to recover $80,400.00
in unpaid legal fees, and a request for payment from Security Pacific
Bank for $4,853,026.28 plus interest for a defaulted $5 million dollar
mortgage Rizzolo took out in 2005 before skipping town with the
proceeds, according to the FBI.
Rizzolo may have taken advantage of
his long time friendship with former LV Mayor Jan Jones to obtain the
$5 million loan. She was formerly a Director and stock holder in the
bank.
Security Pacific Bank has filed
papers with Judge Pro saying Rizzolo obtained the loan after making
"material misrepresentations" (click on image to enlarge):
If all claims are approved by Judge Pro, the Industrial Road property
will be encumbered for over four times its expected market value making
it impossible to sell. No buyer would invest in a clouded property. So
Judge Pro will be forced to either pierce John Dawson's phony corporate
veils and go after Rick and Lisa's Rizzolo's hidden personal assets, or
award pennies on the dollar to creditors in order to clear the tittle
so one of Rizzolo's crony's can possibly steal the club and resume the
extortion practices that it profited from.
That can actually happen if the Feds let down their guard and succumb
to the pressure generated by Lionel, Sawyer, and Collins.
But Judge Pro also knows that the divorce and asset transfers
occurred after law suits
were filed and after Rick
Rizzolo began negotiating his plea agreement. The judge can also
clearly see that Rizzolo intended to defraud Security Pacific Bank by
withholding information, and fraudulently kept the proceeds from the
re-fi.
Judge Pro can't help but see the fraud per se that took place in hiding
the Rizzolo's assets after the fact. So it's fully expected that he
will continue making just rulings in this case no matter what law firm
represents Rizzolo.
But aside from that, as a long time Nevadan, I'm completely astounded
that
a law firm with such a sterling reputation would align themselves with
such a crook! After trying to perpetrate such a scam, Judge Pro should
throw the book at Rizzolo for conspiracy and contempt of court, and put
him away for a far longer sentence than the year and one day he
received in January 2007.
INSIDE VEGAS will be at the hearing and AmericanMafia.com readers will
be the first to know the outcome if they subscribe to the free STEVE MILLER'S
INSIDER E-BRIEFS.
Copyright © Steve Miller
Editor's note: The
author is
currently writing a book about the mob's influence in present day Las
Vegas.
* 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
|