| Home | Books and Gifts | Photo Album | Mob Busters | Mafia Site Search |
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:

Is Parole Officer Eric Christiansen shirking his duties?

INSIDE VEGAS by Steve Miller
December 21, 2009

LAS VEGAS - This email inspired me to break my rule of not writing a column during the week before Christmas.
Mr. Miller,

I just wanted to tell you that I have been reading your columns on the Henrys vs Rizzolo/CH2 case for years now.  Amy (Henry) is and has been my best friend since we were 15 years old.  Just when I start to give up and think they will never get justice in their case against Rizzolo, I read something like your latest column and it gives me hope...hope that both Amy and Kirk along with their children will get the money owed them and justice that they so richly deserve.  It is long overdue.  No one knows what they've been through and are still going through each day of their lives.  So...thank you, and may you have a wonderful Holiday season.

Cheryl Thornton 

On October 23, United States Federal Magistrate Judge George Foley ORDERED:"...that the Clerk of the Court shall provide the United States Parole and Probation Office for the District of Nevada with a copy of this Order and the transcript of the October 7, 2009 hearing."

The Order Judge Foley was referring to awarded the attorneys for unpaid beating victim Kirk Henry their reasonable attorneys fees and costs for having to author and file documents in response to racketeer Rick Rizzolo’s jail house lawyer James "Spud" Kimsey's fifteen frivolous Motions or pleadings.

Rizzolo engaged the services of Kimsey last February after claiming he could no longer afford to pay a licensed attorney. He mislead the court into believing that he was going to represent himself Pro Se.

However, Rizzolo neglected to tell the court that he'd hired a ghost writer after claiming to be personally authoring and filing court documents. Based on Rick Rizzolo's known lack of writing skills, Henry's attorneys smelled a rat, and hired a private investigator to find out who was ghost writing for Rizzolo. That's when James "Spud" Kimsey's identity became known

However, by the time Spud surfaced, Rizzolo had signed his name to this ghost written Motion claiming: "Court submissions by pro se litigants' are to be construed liberally and held to less stringent standards than the submissions of the lawyers in opposition, being provided wide latitude, including but not limited to, unfamiliarity with rule requirements." 

If anything Rizzolo has done so far in this case should piss off the judge, the arrogance of claiming special privileges should take the cake!

During the October 7, 2009 hearing leading up to Judge Foley's Order, Henry's attorneys argued that Mr. Kimsey has a felony record and that Rizzolo may have violated the terms of his supervised release by having contact with him. The judge agreed, and sent the file including the possible conditions of parole violation to Rizzolo's Parole Officer Eric Christiansen.

P.O. Christiansen did nothing.

Rick Rizzolo is still on the street, often seen late at night in our town's most expensive venues spending money like it grows on trees.

Then, instead of going after Rizzolo for Contempt of Court for hiring a non-attorney ghost writer and signing fifteen of the ghost writer's court filings including one commanding Kirk Henry's attorney to appear for a Deposition at one in the morning (Even a non-lawyer like Rick Rizzolo should have known you can't depose your opponent's lawyer), Magistrate Foley went after a much easier target, Spud. On November 30, Judge Foley issued a harshly worded Order commanding Kimsey to appear in federal court on January 29, 2010 to show cause why he should not be prosecuted for impersonating an attorney.

Unfortunately, Spud Kimsey, an associate of the Hell's Angels Motorcycle Club, vanished from the face of the earth inspiring Judge Foley to issue the following Minute Order seeking his whereabouts:

December 7th came and went without Rizzolo or his real lawyer being able to tell the court how to contact Kimsey, though he seemed to be a regular fixture around Rizzolo's lawyer's office when he was filing the fifteen court documents. Their ignorance of Kimsey's whereabouts begs the question; "Has anybody seen Spud?"

Frizzell's admission that Kimsey's involvement in Rizzolo's case occurred in his law office begs the question, "Was  attorney Ken Frizzzell complicit in an attempt to stall justice and insult the Federal Court? Frizzell should also have known that his client's association with a known felon would jeopardize his parole status, and advised him accordingly.

If Spud is still alive, and he doesn't show up at Judge Foley's January 29 Show Cause hearing, will the judge take his frustrations out on Rizzolo and Frizzell instead? Or will Judge Foley give Rizzolo another break and let bygones be bygones? You see, Spud is a much easier target than the politically connected former topless bar owner, and sending Spud back to the slammer will make some people believe the court is doing its job.

But it was the politically connected Rizzolo who signed all of Spud's papers. It was Rizzolo who paid Spud to bother the court and stall this case for at least six extra months. It was Rizzolo who knowingly associated with someone who had a felony criminal record. And it was Rizzolo who failed to pay his court ordered debts.

It's too late for Rizzolo (left - photo by Mike Christ) to claim he was unaware of Kimsey's felony record. If he does, all Henry's attorneys need do is show the court Rizzolo's signature affixed to a September 9, 2009 RESPONSE that included a letter Kimsey supplied telling of his incarceration in the Nevada prison system. This document should be of interest to P.O. Christiansen because it clearly shows Rizzolo's intent to violate parole.

Rizzolo's Conditions of Parole also clearly mandate that "...the releasee shall make a diligent effort to satisfy any fine, restitution order, court costs or assessments," and this should also grab Christansen's attention, especially since not one of the court ordered fines, restitution orders, or assessments listed later in this column has been paid.

I suggest that Mr. Christiansen take a look his own Rules and Procedures Manual, then start doing his job before the U.S. Parole and Probation Office for the District of Nevada becomes a laughing stock.

In case he needs a refresher course, here are the rules and procedures that Eric Christiansen works under (Emphasis added by Steve Miller):



(5) Prohibited conduct.

(i) The releasee shall not violate any law and shall not associate with a person who is violating any law.

(v) The releasee shall not associate with a person who has a criminal record without permission from the supervision officer.

(ii) The releasee shall make a diligent effort to satisfy any fine, restitution order, court costs or assessment, or court-ordered child support or alimony payment to which the releasee is subject. The releasee shall provide financial information relevant to the payment of such a financial obligation that is requested by the supervision officer. If unable to pay such a financial obligation in one sum, the releasee shall cooperate with the supervision officer to establish an installment-payment schedule.

§ 2.204-07.(Pg. 248). Association with Persons Having Criminal Records or Engaged in Criminal Conduct.

(a) The Supervision Officer supervising the case shall have authority to grant or deny permission to a releasee regarding association with person(s) having a felony criminal record. A special condition requiring approval by the Regional Commissioner of such association shall supersede this authority. For the purposes of this provision, the term "criminal record" refers to a conviction for a felony or any other offense for which a term of imprisonment exceeding one year was, or could have been, imposed.

$ 2.204-14. (Pg. 251). Satisfaction of Court Orders [Including the Payment of Fines, Restitution Orders, Court Costs and Assessments, and Court Ordered Child Support or Alimony Payments]. When a releasee is subject to an outstanding fine, restitution order, court costs and assessments, court ordered child support or alimony payment, and is unable to pay the obligation in one sum, the following procedures apply:

(a) The Supervision Officer will meet with the releasee to develop a written plan for the payment of the fine, restitution order, etc. The plan will include, among other things, a payment schedule and the amount to be paid at each installment. It will include also the following clause: "This plan, and the obligations described herein, are part of the conditions of my supervised release." The releasee will supply all financial information and records necessary to the development of the plan and will sign the plan, along with the Supervision Officer. A copy of the signed plan will be forwarded to the U.S. Parole Commission.

(b) As to the payment schedule and the amounts to be paid at each installment, the plan will include any relevant court ordered installment payment schedule. If no such installment payment schedule exists, one will be developed that takes into account, among other things, the amount of the fine [restitution order, etc.] and any interest and penalties due, as well as the releasee's employment status, earning ability, financial resources, and the economic burden that the payment of the obligation will impose on the releasee or his dependents. Where feasible, the installment payment term for fines and restitution orders should not exceed two years.

(c) When the releasee has an outstanding restitution order in addition to a fine or other financial obligation, the plan will give precedence to the satisfaction of the restitution order.

(d) If the releasee refuses to accept the terms of the plan in general, refuses to accept the installment payment schedule, and/or refuses to sign the plan, the U.S. Parole Commission will be notified. The U.S. Parole Commission will then resolve any outstanding disputes as to terms and installment payment schedules, complete the plan as necessary, and make the terms and schedules contained therein themselves a special condition of supervised release.

(f) If the releasee does not make a diligent effort to make the payments according to the schedule in the plan, the Supervision Officer will report such failure to the U.S. Parole Commission as a violation of the conditions of supervised release.

$2.204-22 (Pg. 257). Revocation for Failure to Make Court-Ordered Payment. In determining whether revocation is appropriate for failure to make a court-ordered financial payment, the Commission shall consider the releasee's employment status, earning ability, financial resources, and any other special circumstances that may have a bearing on the matter.


(b) Restitution Orders. Where a prisoner applying for parole is under an order of restitution, and it appears that the prisoner has the ability to pay and has willfully failed to do so, the Commission shall require that approval of a parole release plan be contingent upon the prisoner first satisfying such restitution order. The prisoner shall be notified that failure to satisfy this condition shall result in retardation of parole under the provisions of §2.28(e).


Per Federal Court records, here's what Rizzolo agreed to pay:
All of the United States Marshals Service's costs, expenses, and private counsel's attorney fees for the real property transaction related to the care and the sale of the Property and the Trademark and Trade name Crazy Horse Too, including but not limited to the maintenance, the protection, the repair, the service of process, the publication, the utilities, the insurance, the CB Richard Ellis real estate commission, the escrow, the closing costs, the real estate transfer tax, private counsel's attorney fees for the real property transaction, etc.; 
The Clark County Taxes owed on the Property with penalties and interest 
The City of Las Vegas sewer lien 
The Security Pacific Bank ($5 million dollar) loan with attorneys' fees, penalties, and interest 
The restitution of US $9,000,000.00 plus interest to Kirk and Amy Henry 
The restitution of US $1,734,000.00 plus accruals to the IRS 
The assessment of US $500.00 plus interest 
The fines of US $750,000.00 plus interest 
The forfeiture of US $4,250,000.00 plus interest 
The City of Las Vegas judgment lien of US $2,192,000.00 plus interest 
The IRS tax lien against Rizzolo for the 2006 individual income taxes of US $1,032,535.26 plus accruals 

Is it possible that P.O. Christiansen has given "permission from the supervision officer" for Rizzolo to ignore the standard provisions of the Supervised Release law, and be able to associate with a person having a criminal record who engages in criminal conduct per § 2.204-07 (a) (Pg. 248)?

It is possible that P.O. Christiansen has forgotten to "develop a written plan for the payment of the fine, restitution order, etc." per $ 2.204-14 (a) (Pg. 251)?

(I  provide the page numbers in case Mr. Christiansen needs them during his review of the rules and procedures under which he operates.)

And regarding § 2.204-07 (b) (Pg. 248): "...the installment payment term for fines and restitution orders should not exceed two years,"   Rizzolo has been on parole for over twenty-one months, but not one penny of his court ordered restitutions, fines, and liens have been paid after he hid his fortune in off shore banks with the help of the brother of another Federal Court Judge -- a judge appointed for life by United States Senator Harry Reid.

United States Attorney for Nevada Daniel Bogden (left) was just appointed back into office by US Senate Majority Leader Harry Reid.

Mr. Bogden is Eric Christiansen's new boss.

Las Vegas Review-Journal columnist John L. Smith on December 16, 2009 wrote: "Welcome back to Las Vegas, U.S. Attorney Daniel Bogden.... To make your office an even bigger laughingstock on this issue, in the Henrys' ongoing civil case Rizzolo has been signing legal documents he didn't author. His friend, the multiple felony offender/paralegal James Kimsey has apparently been ghostwriting for Rizzolo.... I would be grateful if someone could persuade him to pay the Henrys just the cash he gambles as a Strip high roller. Add to that the hundreds of thousands of dollars he's so generously contributed to political and judicial campaigns in recent years, and that $9 million debt would be whittled substantially."

(I suggest that Mr. Bogden also review § 2.204 CONDITIONS OF SUPERVISED RELEASE in order to ascertain whether Rick Rizzolo is receiving special treatment.)

The man who appointed Bogden, Senator Reid, is a business partner of Jay Brown who has ties to Rizzolo. The Parole Office is completely ignoring Rizzolo's violations of several provisions in his Conditions of Supervised Release. Is there a connection?

In the meantime, Kirk Henry is spending his eighth Christmas confined to an electric wheelchair without receiving one cent of the $9 million dollars in restitution Rizzolo agreed to pay him in exchange for a feather light prison sentence and four years parole under the "supervision" of Eric Christiansen.

During this season of giving, I can't help but believe that some very powerful person is playing Santa Claus for Rick Rizzolo and his ex-wife Lisa, or they would be paying their bills by now. He's been out of prison for almost two years for God's sake, and Mr. Henry and the IRS are still waiting!

Can you imagine you or me getting away with ignoring over $27 million in court ordered debts including over $10 million owed to the IRS, and still be allowed to party like a rock star?


Listen to: The Ghost of Buffalo Jim

* 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:
div. of PLR International

Copyright © 1998 - 2009 PLR International