Rizzolo's attorney admits "vandalism,"
makes offer of settlement, but avoids
admitting his client's culpability
An update on recent INSIDE VEGAS columns concerning
trials and tribulations of Rick Rizzolo and Buffalo
INSIDE VEGAS by Steve Miller
July 19, 2004
LAS VEGAS - After numerous acts of vandalism targeted an evaporative
cooling system on the roof of a stubborn garage owner's business, the garage
owner sued his landlord. An unexpected admission followed with an out of
court settlement to pay for damages.
In 2002, mob associate Rick Rizzolo purchased the building in which
his topless bar and a highly successful auto repair business cohabitate
less-than-peacefully. Buffalo Jim Barrier's garage has been there since
1976, and had no problems until 1984 when Rizzolo moved in next door. Rizzolo
owns the Crazy Horse Too topless bar, the repeated scene of violence and
target of a federal racketeering investigation.
Since becoming Barrier's landlord in 2002, Rizzolo has been trying to
the garage to make way for the expansion of his bar. However, two court
rulings in Barrier's favor and the criminal
investigation have interfered with expansion plans and secured Barrier's
lease until it naturally expires in 2009.
Daunted by the legal setbacks, Rick Rizzolo took the law into his own
hands. Not wanting to buy out the garage's lease, he illegally began towing
Barrier's customer's cars and allegedly tampered with the garage's air
conditioning on days when the desert heat exceeded 110 degrees. In response,
Barrier, a former pro wrestler, began suing Rizzolo in Small Claims court
-- and winning.
On April 16, 2004, Rizzolo was ordered by the court to stop the illegal
towing and reimburse Barrier, though the air coolers continued to be vandalized.
The towing victory made the local columns because it flew in the face of
an earlier statement by Bart Rizzolo, Rick's dad, who once bragged,
"There has got to be a way to get back at people who file lawsuits." "There
has never been a suit filed that we haven't beaten and I'm hoping our record
will stay that way."
On Friday July 16, moments before a scheduled hearing in Clark County
Justice Court, Rizzolo's attorney made the surprising settlement offer
in a hallway outside the courtroom. Jon W. Norheim, Senior Associate
with the prestigious law firm of Patti
and Sgro, said he was authorized by his client to arrange for payment
to reimburse Barrier for repairs to the air coolers caused by what Norheim
then described as "vandalism."
With the settlement in hand, Barrier claimed a huge moral victory by
again exposing Rizzolo's childlike actions. The settlement avoided what
was certain to be another
humiliating defeat for Rizzolo and his lawyers in less than two months.
A court victory would also have generated additional embarrassing press
coverage for Rizzolo -- something he and his legal team have been trying
to avoid lately, but something Barrier would have relished.
However, another Small Claims Court victory was not the priority according
to Barrier. He says his main goal is to just stop the harassment, and it
looks like he has -- so far.
Many observers believe that Rizzolo who is expected to be indicted later
this summer, should be preoccupied fending off his real nemesis's, the
FBI and IRS. Instead he's monopolizing
the resources of Patti and Sgro fighting his self-inflicted problems with
Barrier. In fact, Rizzolo just reigned
in his chief attorney Tony Sgro from representing Rick Tabish in the
highly publicized Binion retrial so that Sgro and his firm could spend
more time defending their biggest client against Barrier, and the feds.
During the hallway settlement conference, Norheim referred to an INSIDE
VEGAS article. He told Barrier's attorney Todd Leventhal that in preparation
for his offer, he carefully read the article
that included a photograph of the damaged water line (below) along with
two invoices from an air conditioning company describing repairs made to
"vandalized water lines." Mr. Norheim was also fully aware that Leventhal
intended to present to the court the multiply-crimped water line as evidence
Nonetheless, Norheim did not wish to admit that Rick Rizzolo personally
authorized the vandalism as a way to encourage Barrier to prematurely move
out -- a claim that would have been the main subject of the Small Claims
case had it gone to trial, and is the basis for Barrier's separate multi-million
dollar harassment lawsuit*
scheduled for trial later this year in Clark County District Court.
After learning of the harassment suit in 2002, Rizzolo countersued Barrier
for slander and defamation. Because of this, the latitude of questions
Rizzolo can be asked under oath during deposition is almost unlimited.
Depositions are a public record. On three occasions, Patti and Sgro
have sought postponements of Rizzolo's videotaped deposition. They may
be recalcitrant because the last time their client was videotaped during
a deposition in an attempted
murder case, damaging excerpts where shown on national
TV -- excerpts in which he refused to answer questions about an associate
Cusumano, a member of Nevada's notorious Black Book of undesirables.
This time it's probable that Rizzolo will be forced by Barrier's lead
attorney Gus Flangas to answer multiple questions on videotape about Cusumano
and his other criminal associates. Since Rizzolo is claiming defamation
of character, questions about his unsavory associations though considered
less than relevant in the attempted murder case, are fair game in defamation
To try to avoid another videotaped deposition of their client, Rizzolo's
attorneys recently requested that Barrier's District Court case go to arbitration.
Arbitration is for claims of less than $40,000 and Barrier claims much
higher damages, so Rizzolo's request was denied. Now, Rizzolo's long-awaited
deposition is being rescheduled to a time certain with sanctions requested
if he again attempts to delay, or fails to appear.
If last week's Small Claims case had gone to court, Leventhal would
have presented testimony from witnesses who observed Crazy Horse employees
on the roof of the building just prior to each time the water lines were
tampered with. Their testimony would state that the tampering occurred
on the hottest days of the year and that each occurrence required the closure
of Barrier's business until repairs could be made. A CPA's notarized statement
was also to be presented with an estimate of the amount of business Barrier
lost after each act of what Norheim agreed was vandalism.
The judge would have been informed that the 12 foot high roof was accessed
on more than two occasions by "vandals" who would have had to use an easily
seen ladder while guards from Rizzolo's contracted 24 hour security service,
Green Valley Security, Inc., either took no action -- or possibly accepted
cash or "eye candy" to turn their backs. (Security guards who were on duty
at the time of the vandalism refused comment for this story.)
Signs posted around Rizzolo's building
The judge would also have been informed that only Barrier's coolers
were damaged when Rizzolo's much more expensive refrigeration units sat
unharmed only a few feet away. The obvious answers to these questions would
probably be very damaging, hence the offer of settlement.
Attached building shared by topless bar (L) and auto garage (R)
(AmericanMafia photo by Mike Christ)
On July 17, Barrier's attorney wrote the following letter to Mr. Norheim
on behalf of his client:
"As a result of today's Small Claims hearing, you acknowledged that
an act of vandalism did in fact cause damage to the water line at the above
address. You also advised that you will be opening a claim with the insurance
company upon your receipt of my written notice to you. Please accept this
letter as notice that the roof is now leaking due to the above described
vandalism. With monsoon season beginning, I am concerned that my valued
collection of celebrity photographs could become damaged from any leaking
water, so it is imperative that repairs be made immediately."
Barrier told INSIDE VEGAS that any further intentional acts of vandalism
to his business or personal property will result in additional Small
Claims law suits, and more embarrassment for Rizzolo, Patti and Sgro, and
Green Valley Security, Inc.
Since Barrier began winning Small Claims lawsuits,
he said his business "is better than ever," and no further acts of harassment
or "vandalism" have occurred. He also said he doesn't anticipate a resumption
of the illegal activities.
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MORE BACKGROUND ON THIS STORY
* The author is a consultant to a law firm in a civil lawsuit against
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