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 3-12-12
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


All progress in USA v. Power Company, Inc. et al, and Henry et al v. Rizzolo et al, has stalled
pending Ninth Circuit Court appeal

Rick Rizzolo's alleged corporate personhood is now cited as
the latest reason he should be relieved of having to pay
his bills and why his conviction should be reversed

"Corporate personhood is the status conferred upon corporations exclusively under the law of the United States, which allows corporations to have rights
and responsibilities similar to those of a natural person. There is a question about which subset of rights afforded to natural persons should also be afforded to corporations as legal persons." - wikipedia

"Appellant Rizzolo continues to maintain that under the express terms of the binding plea agreement in this case, Mr. Rizzolo was not even obligated to pay restitution to the Henrys in the first place and that that commitment was binding solely upon the Power Company, Inc. – an independent person both in contemplation of law and under the terms of the plea agreements in this case. And the government’s repeated characterization of that corporation as 'closely held ' does nothing to change that fact." - Dominic P. Gentile, Esq., Paola M. Armeni, Esq., Margaret W. Lambrose, Esq. - attorneys for Rick Rizzolo

INSIDE VEGAS by Steve Miller
AmericanMafia.com
March 12, 2012

LAS VEGAS - The federal government's criminal case and beating victim Kirk Henry's civil case against Rick, Lisa, and Kimtran Rizzolo have come to a complete standstill.

This may be because on March 19, 2012, the U.S. Ninth Circuit Court of Appeals will hear ten minute oral arguments from former strip club owner Rick Rizzolo's attorney and rebuttal by a federal prosecutor as to why all convictions against Rizzolo should be reversed.

Rizzolo is initially asking to be released immediately from federal prison and not have to serve two additional years of parole for violating the conditions of his supervised release. But most troubling is his reason to be relieved of his personal obligation to pay millions in back taxes, and pay beating victim Kirk Henry the remaining $9 million restitution he's owed.

Rizzolo's attorneys contend that the money to pay their client's court ordered debts was supposed to come from a financially broke corporation called the Power Company, Inc. that Rizzolo's attorneys now refer to as "an independent person." They also repeat their long stated contention that the government is at fault for refusing to operate the Crazy Horse Too topless bar to preserve the corporation's value so that Rizzolo's "closely held" corporate personhood could pay his (personal) debts.

Rizzolo also contends that Henry's attorneys should not have been allowed to speak at his sentencing and their characterization of him as a "gangster” and a “professional criminal” hell-bent on “cheating the squares,” prejudiced United States Federal Judge Philip Pro's decision.

Links to Rizzolo's two BRIEFS currently being studied by the Ninth Circuit Court:
http://www.stevemiller4lasvegas.com/RizzoloBriefTo9thCircuit11-11-11.pdf
http://www.stevemiller4lasvegas.com/Rizzolo121PageResponse10-18-11.pdf

Link to the 33 page January 26, 2012, ANSWERING BRIEF by U.S Attorneys Daniel G. Bogden, Peter S. Levitt, and Robert L. Ellman also being studied by the Ninth Circuit Court:
http://www.stevemiller4lasvegas.com/RizzoloUSAnswerToNinthCircuitCourt-01-26-12.pdf

Keep in mind that hundreds of thousands of dollars in fees are being paid to Rick Rizzolo's legal team at the Gordon Silver law firm from bank accounts controlled by Rick's stepmother Kimtran Rizzolo. These are funds that Judge Pro on October 27, 2011, ordered paid to Kirk and Amy Henry (see below).


Kimtran Rizzolo claims she inherited the millions of dollars from the sale of the Philadelphia Crazy Horse Too, and that the money was owed to her deceased husband Bart Rizzolo, money she immediately transferred upon receipt to "Lions Limited Partnership, LLC," another of the Rizzolo's corporate personhoods that continues to be drained to pay Gordon Silver instead of the Henrys in spite of Judge Pro's order

In her answers to interrogatories and responses to request for production filed with the Federal Court on November 4, 2011, Kimtran stated: “My husband, Bart Rizzolo owed money to Rick Rizzolo for purchase of jewelry and directed his wife (Defendant) to pay the obligation by transferring monies owed by Rick Rizzolo for attorney’s fees to Kenneth Frizzell, Esq. and Gordon & Silver, Esq.”

Apparently, no one can stop the pilferage while Rizzolo's appeal is pending!

The October 27, 2011, Order Directing Transfer of Funds to the Henrys is currently one of the items being appealed along with everything else bearing Judge Pro's signature in USA v. Power Company, Inc. et al, and Henry et al v. Rizzolo et al.


Rizzolo leaving court on July 20, 2011 with attorneys Dominic Gentile and Margaret Lambrose
after being convicted of parole violations resulting in nine additional months in federal prison,
and a two year extension of his parole.           (AmericanMafia.com photo by Mike Christ)

Kirk Henry in 2001 was beaten into quadriplegia when he disputed his bar tab at Rizzolo's Vegas Crazy Horse Too. The Kansas tourist sued and immediately received the $1 million dollar limit from Rizzolo's Farmer's Insurance umbrella policy. Since then Rick Rizzolo has personally paid Henry a total of only $4,000 out of the $9 million he agreed to pay Henry in exchange for a shortened prison sentence.

The Ninth Circuit Court hearing scheduled for March 19 in Las Vegas is shaping up to be a monumental moment in American jurisprudence.


                           (The hearing is not open to the public.)

If common sense prevails, the court will rule in favor of the United States, and Kirk and Amy Henry.

If the court decides in Rizzolo's favor and reverses all or most of Judge Pro's rulings based on corporations being "independent persons," and Henry's attorney allegedly prejudicing the court at Rizzolo's sentencing, it may set a legal precedent saying "closely held" corporations can safely harbor ill-gotten gains and protect family-related shareholders from lawsuits brought by severely injured parties, or from collection by the IRS.

The ruling to be made by a three judge panel next Monday could also put an abrupt end to Kirk Henry's quest for justice that has languished in state and federal courts for over ten years. If Rizzolo's conviction is reversed, millions of tax dollars will have been wasted investigating and prosecuting him, and a dangerous legal precedent will be set providing "gangster(s)” and  “professional criminal(s)” hell-bent on “cheating the squares” with a how-to formula to make crime really pay, and an almost foolproof corporate method to protect their spoils.

Can Lady Justice be that blind?



* 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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