Buffalo Jim Is Smiling Down
From Heaven
James
"Buffalo Jim" Barrier
March 22, 1953 –
April 5, 2008
Rick Rizzolo Loses Ninth
Circuit Court Appeal
Higher
court removes legal obstacles so Kirk Henry and IRS
can
now recover assets hidden by Kimtran and Lisa Rizzolo
INSIDE VEGAS by Steve Miller
AmericanMafia.com
April 9, 2012
LAS VEGAS - It's been four years since
the untimely death of Buffalo Jim, one of the most fascinating characters
I've ever known.
Jim Barrier was single handily credited
for bringing down one of Las Vegas' most sinister Mob enterprises the infamous
Crazy Horse Too strip club and its boss Rick
Rizzolo. But for his heroic efforts, many believe Barrier paid the
ultimate price.
To adequately present his story, please
watch these two short videos and listen to a haunting song about the late
James "Buffalo Jim" Barrier:
KVBC
TV, Channel 3 News
ROADOGMEFILM-NORWAY
THE
GHOST OF BUFFALO JIM
If you want more information about the
life and death of Buffalo Jim, please look at these two links:
BUFFALO
JIM PHOTO GALLERY
AmericanMafia.com's
BUFFALO JIM BARRIER ARCHIVES
Based on the following development, Buffalo
Jim is smiling down from heaven.
RIZZOLO LOSES APPEAL
On
Tuesday April 3, 2012, the U.S. Ninth Circuit Court of Appeals unceremoniously
disposed of Rick Rizzolo's appeal of an additional 9 month prison sentence
and 24 month extension of parole for violating his conditions of supervised
release that mandated he honor his plea
agreement to pay all court ordered personal obligations including $9
million plus interest in restitution to beating
victim Kirk Henry, and millions of dollars in back taxes.
(In this AmericanMafia.com photo by Mike
Christ, Rizzolo is shown flashing a $30,000 Rolex on July 20, 2011, while
leaving Federal Court after being convicted of failure to pay his court
ordered restitution to Henry.)
Rizzolo, in 2006, signed a plea agreement
in exchange for a shortened prison sentence. The government kept its side
of the bargain. Rizzolo did not. He immediately conspired
with his wife Lisa to stage a sham
divorce and transfer their assets off shore out of the reach of creditors.
Since his "divorce," he's defied all court orders to pay his debts, a move
that got him thrown back into prison. (Rizzolo is scheduled for release
on June 12, 2012. His ex-wife has not yet been charged with a crime.)
Because the Ninth Circuit Court's succinct
four page judgment is the result of extremely weak and unsubstantiated
arguments by Rizzolo's counsel from the Las Vegas law firm Gordon
& Silver (who were not
paid for over a year of services), the court stated the judgment was
NOT FOR PUBLICATION, and included in its footnotes the explanation; "This
disposition is not appropriate for publication and is not precedent,"
meaning nothing in it was relevant enough to be published in law journals
for use as case law.
Rizzolo's unpaid
attorney Dominic
Gentlie on March 19, unsuccessfully
argued that his client's fortune hidden
in the Cook Islands was off
limits because; "Mr. Rizzolo was not even obligated to pay restitution
to the Henrys in the first place, and its held in the names of corporations
and trusts that are an independent person both in contemplation of law
and under the terms of the plea agreements in this case." "...the Power
Company, Inc. (is) a separate and distinct corporate person."
Four days after the March 19 hearing, a
desperate last
minute letter was submitted to the court by another member of Rizzolo's
unpaid
legal team reiterating ad nauseam the claim he is not responsible
to pay Henry (excerpt below).
| Mr. Rizzolo recognizes that in the sentencing order the
district court imposed upon him a joint and several obligation, together
with The Power Company, Inc., to pay restitution to the Henrys. However,
under the terms of the binding plea agreement, the district court was precluded
from doing so because The Power Company was solely responsible for paying
restitution to the Henrys. The joint and several liability portion of the
restitution obligation exclusively referred to the IRS. Thus, the intent
of the parties when drafting the plea agreement was that Mr Rizzolo would
not be individually responsible for providing restitution to the Henrys
(emphasis added).
Very truly yours,
GORDON SILVER
MARGARET W. LAMBROSE, ESQ. |
The false claims that Kirk Henry agreed
to allow Rizzolo to not be individually responsible for paying him, and
that Rizzolo's corporations are "corporate person(s)" were also
summarily disposed of by the Appeals Court finally ending their use in
this case.
One of Dominic Gentile's other ineffective
arguments was that Rizzolo's additional sentence should be reversed
because veteran United
States Judge Philip Pro allowed Kirk Henry's attorney to make the following
"display of vitriol" statement at his client's sentencing hearing
thereby prejudicing the judge to "abuse
his discretion" and send Rizzolo back to prison:
"Indeed, characterizing Mr. Rizzolo
as a 'gangster' and a 'professional criminal' hell-bent on 'cheat[ing]
the squares,' Henry’s attorney passionately urged the district court to
order the revocation of the Appellant’s supervised release and 'send [him]
. . . back to jail;' vowing to 'pursue him through this and on through
the gates of hell to get the Henrys their money.' "
Another of Gentile's rejected
arguments was that Rizzolo's additional sentence was rendered; "...for
the express purpose of coercing him to (pay Henry) by and through the pain
of physical confinement 'raises the specter of the debtor’s prison this
country long ago outlawed.'”
Less than a week after the March 19 hearing,
Rizzolo's entire legal team quit. Then after only two weeks deliberation,
the Appeals Court Justices soundly rejected all of Dominic Gentile's
arguments. Maybe Gentile's partners at Gordon & Silver saw the writing
on the wall?
Rick Rizzolo no longer has an attorney.
Maybe he doesn't need one anymore since all the legal emphasis in this
case is now on his ex-wife and stepmother who control his ill-gotten
assets!
And, only the United
States Supreme Court can reverse the judgement of the U.S. Courts of
Appeals, and the Supreme Court each year hears a limited number of cases
usually involving important questions about the Constitution or federal
law that can take an average of eight years to appear on the Supreme Court
docket.
Rick Rizzolo's case does not qualify for
review by the United States Supreme Court even if he gets a new lawyer,
so the Appeals Court's final judgment opens the door for Kirk Henry and
the IRS to go after Rick's ex-wife Lisa
Rizzolo and his stepmother Kimtran
Rizzolo for conspiring to evade court ordered payment of Rick's personal
debts, a clear violation of the Uniform
Fraudulent Transfers Act.
FULL
NINTH CIRCUIT COURT JUDGMENT
MORE INFORMATION:
http://www.lvrj.com/news/former-crazy-horse-too-owner-loses-appeal-146014935.html
http://www.8newsnow.com/story/17332890/rizzolos-bid-for-appeal-denied-by-federal-appeals-court
Today's column is dedicated to the memory
of Buffalo Jim.
