For-hire
guardian Jared Shafer, and
racketeer Rick Rizzolo head
to court
.
Jared Shafer, Ralph Rizzolo, Jon Norheim, and Rick Rizzolo
INSIDE VEGAS by Steve Miller
AmericanMafia.com
March 18, 2013
LAS VEGAS - They're both "Pillars
of the community," both donate to "the youths," and both have deep
pockets, but one operates under the color of law, and the other is a convicted
outlaw I'm talking about for-hire guardian Jared Shafer, and his
fellow Youth
Charities of Southern Nevada board member Rick
Rizzolo.
On January 19, 2011, Shafer appeared before
Clark County Family Court Judge Charles J. Hoskin and successfully obtained
a "Without Bail" warrant for the arrest and incarceration of Rebecca Schultz.
Then at Schultz' father's expense, Shafer hired California lawyer Tom Dwyer
of the Grunsky Law Firm who billed the Olvera trust over $10,000 to unsuccessfully
try to get Olvera's daughter's warrant transferred to California where
Schultz and her 93 year old father reside.
INSIDE VEGAS spelled out the compelling
details of this case in the February 25, 2013 AmericanMafia.com column
"GUADALUPE
OLVERA'S WAR! ? Elder Abuse Likely - Under Color Of Law."
It tells how Rebecca Schultz in September
2010 fulfilled her then-91 year old father's ignored request, and after
the death of his wife removed Guadalupe from Jared Shafer's appointed guardianship
so he could spend his final years with his family in his home town. (Video
of Guadalupe pleading for his freedom in Family Court before Judge Jon
Norheim.)
"I'm going to go to California no matter
what! I'm not going to live here. I don't need that man either. I don't
need Jared," was stated by Guadalupe to the disinterested judge.
Several weeks following Guadalupe's testimony
and after being "kidnapped under the cover of night" as Shafer described
Olvera's departure from Las Vegas, Guadalupe was back in Santa Cruz living
happily with his family and has been thriving there for over thirty months
since, while Shafer -- at Olvera's expense -- played every legal (and possibly
illegal) trick in the book to try to force him to return to Vegas where
he has no family or friends.
Since moving back to California, Shafer
has drained over $300,000 from Olvera's family trust to pay himself and
his attorneys to compel the WW2 veteran to return to his guardianship in
LV.
Meanwhile, against Shafer's wishes, Rebecca
Schultz succeeded in having her father's carpenter union pension, VA, and
Social Security checks sent to his California conservator instead of Shafer.
"Getting the conservatorship here guaranteed
the carpenter checks came back to Dad. Working directly with the VA and
Social Security, I was able to get Dad's checks sent to him in California.
I did that working directly with these federal agencies, which is why Shafer
is so angry. No one has ever done that to him! Dad does receive the VA
and SS money directly into his bank account, but the conservator, by court
order, has to control it. However, he is ethical and Dad gets what he needs,"
stated Schultz.
On July 31, 2012, after Guadalupe was honored
as a WW2 hero in the Aptos, California 4th of July Parade, an article about
his escape from Shafer's custody appeared in the Santa
Cruz Weekly. Shafer responded by suing Rebecca Schultz for libel
and defamation and included the Weekly article as EXHIBIT
10 (something the ACLU should look into) claiming that in the article
she referred to dozens of anonymous Internet blogs allegedly defaming him
and his associates, articles that did not identify the blogger by name.
Schultz told INSIDE VEGAS that had she
been served notice of the hearing, and if the warrant for her arrest had
been terminated so she could face her accusers without fear of going to
jail, she would have testified that she has no knowledge of who wrote the
blogs, and that she had every First Amendment right to tell her story to
the Santa Cruz Weekly.
According to Schultz, she was never served
legal notice of Shafer's libel lawsuit. In Shafer's complaint, his
attorney states: "Schultz has not revealed the location of herself or Mr.
Olvera to the Court or Mr. Shafer."
"My husband and I have used that P.O. Box
for over 20 years, long before my parents even moved to NV! We have never
hidden from anyone and as you know, it?s easy to find someone's residence
via a local assessor," stated Schultz.
Not having been served notice, Schultz
says she only learned about the lawsuit after receiving a call from a Las
Vegas reporter. Knowing that she could not step foot in Nevada to respond
to the lawsuit without being arrested and held without bail, Schultz waited
to be served with the complaint.
None followed.
On
February 27, 2013, a hearing was held in Clark County District Court in
Schultz' absence. Judge Joanna Kishner (left) carelessly gave Shafer and
his associates a Default Judgment against Schultz for hundreds of thousands
of dollars.
Schultz again learned of the judgment from
a Las Vegas reporter. The reporter sent Schultz a copy of Shafer's libel
complaint stating that she had been personally served at her home address
with all legal notices.
"How could they have served me when Shafer
didn't even know where I live? And had I been served, I could not have
attended the hearing without being arrested," stated Schultz.
"They filed a fraudulent affidavit of service."
On March 15, Schultz filed a complaint
with the Santa Cruz County Sheriff's Department against the process server
who signed notarized documents saying he had personally served her. The
Sheriff determined that it was a civil matter, and Schultz is considering
further action.
At this juncture, and with Schultz unable
to face her accusers in a Nevada courtroom without being arrested on the
spot, I believe Shafer's recent libel action is clearly a SLAPP
suit to try to silence her, and cause her to have to expend additional
money to explore legal options.
While Rebecca and her father's fates are
in limbo, most of Guadalupe's fortune has been squandered by Shafer. Olvera's
Sun City Anthem home sits empty as Rebecca and her father wait for Shafer
to follow the orders of a Santa Cruz County Family Court Judge and terminate
Olvera's guardianship and squash the arrest warrant so they can return
to Henderson, Nevada to put the half million dollar house on the market.
The ORDER APPOINTING PROBATE CONSERVATOR
that Shafer has ignored since last July stated: ?If Schultz creates a conservatorship
with a professional fiduciary as conservator of estate, Mr. Shafer will
terminate the NV guardianship.?
Judge Volkmann
Hearing date: 7-16-12
ATTACHMENT 29; OTHER
ORDERS:
Jared Schafer shall
take the necessary steps to terminate the Nevada (guardianship). There
is currently an arrest warrant in Nevada for Rebecca Schultz for failure
to appear in the Nevada guardianship (case). In the event the warrant survives
the Nevada Guardianship, Mr. Shafer shall make reasonable efforts to assist
in the withdraw of the warrant. |
The judge then gave Shafer 60 days to comply
with the ORDER, but eight months later, the guardianship remains in effect.
According to Schultz, "The judge let us
have our choice of Bill Chaddock as conservator in California, and that
has really angered Shafer. We got an 'ethical' fiduciary that Shafer couldn't
control."
Robert and Rebecca Schultz were appointed
conservators over Mr. Olvera's person in the same ORDER signed by Judge
Volkmann, something that has also infuriated Shafer et. al.
I believe that the last thing Mr. Shafer
wants the public to know is, based on Rebecca Schultz' example, family
members can successfully terminate his "guardianships" when a higher
quality of life is offered within a family structure.
But, in Olvera's case, Shafer has so far
refused to abide by the California judge's ORDER and terminate the guardianship
of Guadalupe Olvera, while continuing to drain funds from "the Ward's"
trust.
Jared Shafer has not responded to three
written requests by INSIDE VEGAS to tell his side of this story.
In contrast to Judge Volkmann's ORDER,
a February 4, 2013 letter from Shafer's lawyer to "Guardianship Commissioner"
Jon Norheim (Rick Rizzolo's former attorney) asks the court to continue
the Bench Warrant "contingent upon all outstanding guardian issues being
resolved." The letter refers to Shafer's "Final Account of Guardian" document
filed on October 9, 2012 stipulating that "the Guardian has paid all sums
of money due from the Ward's Estate" before the guardianship can be terminated.
In other words, Guadalupe will not be released from Shafer's "guardianship,"
and Rebecca's bench warrant will stand until all of Shafer's cronies are
paid in full.
The plight of Guadalupe Olvera and his
daughter are a text book example of a quasi-legal Catch-
22.
2:08-cv-00635-PMP-GWF
Henry et al v. Rizzolo
et al
Philip M. Pro, presiding
Full docket text for
document 665:
JOINT PRETRIAL ORDER:
Jury Trial set for 3/26/2013 09:00 AM in LV Courtroom 7C before Judge Philip
M. Pro. Calendar Call set for 3/20/2013 09:30 AM in LV Courtroom 7C before
Judge Philip M. Pro. Trial Briefs due by 3/20/2013. Proposed Jury Instructions
due by 3/20/2013. Proposed Voir Dire due by 3/20/2013. Signed by Judge
Philip M. Pro on 10/15/12. (Copies have been distributed pursuant to the
NEF - MMM) |
And regarding the other "Pillar
of the community" Rick Rizzolo, the long awaited Uniform Fraudulent
Transfers Act (UFTA) jury trial is set to begin on March 26.
So far, a portion of the $10 million dollars
Rizzolo agreed to pay beating
victim Kirk Henry in restitution for Henry being beaten into quadriplegia
over a disputed bar tab at Rizzolo's former Crazy Horse Too strip club
in Las Vegas, has been deposited into Henry's attorney's trust account.
These funds include most of the $3 million Rizzolo received from the sale
of his interest in the Philadelphia Crazy Horse Too, money he illegally
transferred to his step mother Kimtran
Rizzolo several years ago, and an undisclosed amount his ex-wife
Lisa agreed to pay Henry from money she stashed in the Cook Islands
for her husband.
Not much more is known as to what will
be addressed at Rick Rizzolo's UFTA trial next week. Nor is it known whether
Jared Shafer will abide by the California judge's Order to terminate Mr.
Olvera's guardianship. But in both cases, INSIDE VEGAS will be there to
report the results.