v. RIZZOLO - CASE CLOSED
Millions in restitution
finally paid to beating victim
$3 million held in trust awaits
Ninth Circuit Court of Appeals
decision, and Rizzolo
files new suit seeking all
decisions be reversed
Henry et al v. Rizzolo et al
M. Pro, presiding
Foley, Jr, referral
Rizzolo (Inside Vegas photo by Mike Christ)
Kirk Henry (LV Review-Journal photo)
INSIDE VEGAS by Steve Miller
August 12, 2013
LAS VEGAS - In a case that's dragged on
since September 20, 2001 when Kansas tourist Kirk Henry disputed a padded
bar tab and had his neck broken by a manager of the then-Crazy Horse Too
strip club in Vegas, justice has finally prevailed.
Never in this city's history have so many
high level politicians, judges, and DA's, stepped in to protect a goose
that once laid golden eggs, especially
around election time. Had it not been for Mr. Henry's excellent choice
of bull dog attorneys Don Campbell and Stan Hunterton, his story would
never have been told, the strip club and its shady proprietor would still
be in business, and the names of several crooked
politicians and judges
that fought to keep it open would never have been revealed.
On August 1, 2013, U.S. Judge Philip Pro
put his signature on the closing pages of this story when he ordered Dismissal
with Prejudice of this ad nauseam case (below), and through his Order signified
that Henry had received all or most of the $10 million dollars in court
ordered restitution that former Crazy Horse Too owner Rick Rizzolo agreed
in his 2006 plea bargain to pay in exchange for a shortened prison sentence.
A civil matter which is "dismissed with
prejudice" is over forever. This is a final judgment, not subject to further
On June 13, 2013, Rick's ex-wife Lisa Rizzolo
was dismissed with prejudice from Henry's lawsuit (below) after she transferred
an undisclosed amount of money from her Cook Islands account to Henry.
This leaves only Kimtran
Rizzolo, Rick's step mother, as the lone remaining Defendant pending
resolution of her appeal before the Ninth Circuit Court in San Francisco.
The February 4, 2013, INSIDE VEGAS column
Rizzolo Nickel And Dimed Into Submission" tells the hidden reason why
Lisa agreed to settle.
MORE INFORMATION ON LISA'S SETTLEMENT: http://www.americanmafia.com/Inside_Vegas/6-17-13_Inside_Vegas.html
Staying true to course, the Rizzolos are
not giving up without causing further expense to the Henrys and taxpayers.
Kimtran Rizzolo's pending appeal is based
on the same flimsy grounds that caused the Ninth Circuit Court to deny
the previous appeals of Rick on April 12, 2012, and Lisa on August 9, 2012,
that had their strip club been allowed to remain open under the government's
management, it would have retained its value, and they would have had the
funds to pay Henry, the IRS, and other
creditors. Anticipating her failure before the Appeals Court, the Federal
Court in Las Vegas seized
Kimtran's ill-gotten assets pending the outcome of the appeal.
Kimtran's argument is almost identical
to those plead by attorneys for Rick and Lisa in their appeals that were
soundly denied. The "unsellable" argument has twice before been rejected
by the Ninth Circuit Court of Appeals, and is expected to once again be
rejected at Kimtran's upcoming appeal hearing.
Per Rick's failed February 13, 2012 appeal,
attorney Dominic Gentile argued: "The government thereupon assumed that
right and corresponding obligation but thereafter failed to timely renew
the privileged adult use and tavern licenses of the business; and as a
result, the area in which the club was located was thereafter re-zoned
by the City of Las Vegas so as to prohibit adult uses; and the club became
unsellable, fell into disrepair, and has since been foreclosed upon
by the mortgagee." http://www.stevemiller4lasvegas.com/RizzoloReply02-13-12.pdf
Per Lisa's failed appeal, attorneys George
Kelesis and Mark Bailus reiterated Rick's argument: "In September 2006,
the City of Las Vegas revoked the liquor and/or business license of the
Crazy Horse Too. At the time of the revocation, an escrow had been opened
for the sale of the Crazy Horse Too in the amount of $45 Million. The planned
sale of the Crazy Horse Too reportedly failed because of the revocation
of its liquor license which diminished its value." http://www.stevemiller4lasvegas.com/RizzoloLisasPetitionForWritOfMandamus-05-18-2012.pdf
Now, Kimtran's attorney Herb Sachs is regurgitating
the same failed pleas: "Although the government thereupon assumed that
right and corresponding obligation, it thereafter failed to timely renew
the grandfathered privileged adult use and tavern licenses of the business,
and the area in which the club was located was thereupon re-zoned by the
City of Las Vegas so as to prohibit adult uses. And as a result, the club
became unsellable, fell into disrepair, and was ultimately foreclosed
upon by the mortgagee on July 1, 2011." http://www.stevemiller4lasvegas.com/RizzoloKimtranAppeal-9-19-12.pdf
It's not hard to imagine that the Appeals
Court will treat Kimtran's appeal the same as it did Rick and Lisa's.
MORE INFORMATION ON RICK AND LISA'S
But it's not over yet. There's two more
things: Rick's baseless
new lawsuit against Kirk Henry filed on November 29, 2012, and a pesky
$11,973,440.31 lien from the IRS.
In his latest lawsuit, Rick asks a new
Federal Court Judge to reverse every ruling that has taken place
since the initial May 16, 2008 filing of Henry's lawsuit. However, no one
who has closely followed HENRY v. RIZZOLO expects this lawsuit or Kimtran's
appeal to be successful.
And there's the IRS lien the court ordered
be placed on hold until all remaining matters concerning Kirk Henry's money
are resolved. When that happens, it's expected the IRS will begin civil
and possibly criminal proceedings against Rick and Lisa to collect the
taxpayer's $11,973,440.31 plus interest they still owe.
As part of his plea agreement, Rick Rizzolo
agreed to not declare bankruptcy to avoid paying Henry and the government,
so this could get exciting -- possibly the reason Rick filed a new lawsuit
against Henry, and Kimtran is appealing an unappealable case -- to stall
off the IRS until the Rizzolo's politically connected Protector
can transfer their remaining assets off shore.
LISA RIZZOLO ADMITS LYING TO
THE IRS ABOUT HER OFF SHORE ACCOUNTS:
It looks as though the Rizzolo's story
is far from over, so throughout this column I've provided links to additional
information that may be helpful in explaining how the hands of justice
can move so slowly when major
political players are involved.
In the meantime, Congratulations Kirk Henry!
Thanks for persevering.
FULL CHRONOLOGY OF THIS CASE AND
OTHERS INVOLVING THE RIZZOLOS AND THE CRAZY HORSE TOO:
This week's INSIDE VEGAS is dedicated to
the memory of the late Buffalo Jim Barrier.