UPDATE:
Kimtran Rizzolo Defies Federal Court Order
Tries to stall $1,052,996.03
payment to Kirk Henry
that was due on May 19,
2012
Claims her judgment should
not include amounts
loaned to Rick Rizzolo and
attorney
fees paid on his behalf
INSIDE VEGAS by Steve Miller
AmericanMafia.com
May 21, 2012
LAS VEGAS - In a not-so-surprising last
minute motion, Herb Sachs, attorney for convicted racketeer
Rick Rizzolo's stepmother Kimtran Rizzolo, late last Friday filed a
hastily written 446
word MOTION to try to stall his client's payment of over a million
dollars owed to beating
victim Kirk Henry from Rick's previously unreported sale of his interest
in the Philadelphia Crazy Horse Too strip club.
Sachs
(left) may have done so to stall payment until Rick Rizzolo is released
from federal prison on June 12.
Kimtran now suddenly is claiming that an
undisclosed amount of money owed to her late husband from his son along
with attorney fees paid to local attorneys on his son's behalf should be
credited against what she is court ordered to pay Henry, i.e., Kirk Henry
should pay Rick Rizzolo's alleged personal debt to his father, and his
exorbitant legal fees from part of his $9 million dollar court ordered
settlement!
Ms. Rizzolo's motion is in total defiance
of Senior United States Judge Philip M. Pro's April 19, 2012, ORDER
stating: "Defendants
Rick Rizzolo and Kimtran Rizzolo shall make the necessary arrangements
to transfer funds in the amount of $1,052,996.03 to Plaintiffs Kirk Henry
and Amy Henry within thirty (30) days."
Judge Pro has also previously addressed
Kimtran's claim that Rick owed her late husband money:
"On
July 8, 2008, one of Rick Rizzolo’s attorneys faxed
to Dawson a 'list of loans made by Bart Rizzolo,' and inquired of (asset
protection attorney John) Dawson whether Lions LP could assign the balance
due on the sale of the Philadelphia property to Bart Rizzolo 'before somebody
else seeks to attach the payments' which were not due to begin until the
following February. At his deposition, Rick Rizzolo was questioned about
who he anticipated would seek to attach the payments:
Q:
Why was your attorney inquiring of yet another one of your attorneys as
to whether or not future payments that were expected to be made pursuant
to that sale could be transferred to your father?
A:
Because I owed him money.
Q:
Excuse me?
A:
I owed him money.
Q:
Well, but that’s not what this document says. It says, Before somebody
else seeks to attach the payments.
.
. .
Q:
Do you see that, sir?
A:
Yeah.
Q:
Who were you afraid was going to seek to attach those payments?
A:
What do you mean, afraid?
Q:
Well, who did you anticipate would seek to attach the payments?
A:
Well, at that time, the government, the IRS, everybody.
Q:
The Henrys?
A:
The Henrys, whatever.
Despite
being under supervised release in relation to his criminal conviction,
Rick Rizzolo did not disclose to his probation officer this assignment
of payments. Rick Rizzolo also was not forthcoming in discovery in this
action," stated Judge
Pro.
Per Kimtran's new claim that she should
be credited for her stepson's legal fees, Judge Pro was fully aware of
the legal fees when he stated:
"At
the close of escrow on the sale of Lions LP’s interest in TEZ (Philadelphia
Crazy Horse Too) in April 2008, PFLP sent a check made out to Lions LP
in the amount of $999,000 to Rick Rizzolo’s attorney, John Dawson (“Dawson”),
which was deposited in Rick Rizzolo’s account in the Cook Islands. Very
shortly thereafter, nearly all the funds were distributed, including $600,000
to Lisa Rizzolo; $200,000 to Rick Rizzolo’s father, Bart Rizzolo; $100,000
to the law firm Patti & Sgro; and approximately $80,000 to Dawson."
Based on Rick Rizzolo's failure
before the Ninth Circuit Court of Appeals to have his sentence overturned;
the lack of new information to support Kimtran's last minute claims; and
Kimtran's total defiance of a Federal Court Order, it's now expected that
Judge Pro will summarily dismiss Sachs' bizarre eleventh hour motion for
a new trial, and immediately issue a bench warrant for Kimtran's arrest
for contempt of court.
I'll let you know Judge Pro's decision
in future INSIDE VEGAS columns, or for immediate notification, add you
name to my INSIDE VEGAS
E-Brief mailing list.
MORE INFORMATION:
http://www.americanmafia.com/Inside_Vegas/4-23-12_Inside_Vegas.html