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 3-26-12
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


Court of Appeals hears Rick Rizzolo's plea
to be relieved of two years parole and
obligation to pay creditors
"He committed the acts," "On that point, isn't it the
end of the story?" - U.S. Judge N. Randy Smith
"Why shouldn't we give Judge Pro the
benefit to the doubt?" - U.S. Judge Jay Bybee

Rizzolo's Legal Team Quits leaving him
vulnerable before appeal court rules
Judge stops legal fee payments from Rizzolo's stepmother.
"$187,529.42 due and owing. Much of the balance is
overdue by one full year." - Dominic Gentile, Esq., Gordon & Silver, Ltd.

Kimtran Rizzolo sanctioned for not disclosing
where she stashed the proceeds from the
sale of the Philadelphia Crazy Horse Too
"Plaintiffs are awarded their reasonable attorney's fees
and costs incurred in pursuing their previous motion
to compel." - George Foley, Jr., United States Magistrate Judge

INSIDE VEGAS by Steve Miller
AmericanMafia.com
March 26, 2012

LAS VEGAS - The law firm Gordon & Silver, Ltd. is best known for representing casino interests. According to the firm's website, principal partner "Jeffrey A. Silver has been involved in every aspect of gaming, liquor licensing and regulatory law, as well as planning and zoning matters and transportation law."

However, Silver's firm is not known for doing pro-bono work for criminal clients. And the firm has just filed a MOTION TO WITHDRAW AS ATTORNEYS OF RECORD for convicted felon Rick Rizzolo.

.
     Dominic P. Gentile                     Paola M. Armeni                     Margaret W. Lambrose

Three top notch lawyers working gratis for over a year to the tune of $187,529.42 may not be the real impetus behind the firm's withdrawal from Rick Rizzolo's defense. The Rizzolos have millions of dollars stashed off shore controlled by Rick's ex-wife Lisa, and in local accounts controlled by Bart Rizzolo's widow Kimtran Rizzolo, money that will soon be under siege by beating victim Kirk Henry and the IRS. When the money is recovered, Gordon & Silver, Ltd. will certainly be entitled to their share, but to help creditors -- including themselves -- repatriate the Rizzolo's money, the firm would have to work against their client, hence what some believe is the reason for their sudden departure.

Legitimate law firms have reputations to protect, and according to the Gordon & Silver, Ltd. website; "Mr. Silver’s representative clients include Gaming Laboratories International, Gaming Partners International, Dubai World, Tuscany Hotel & Casino, The Stephen Siegel Group, Grand Sierra Hotel & Casino (Reno), Applebee’s Restaurants, Bell Transportation, United Coin, and Casino Technology (Bulgaria). He has testified before the Nevada Legislature and U.S. Congressional sub-committees on gaming law issues and has consulted on gaming regulatory matters in several jurisdictions.

Mr. Silver served as a former Clark County Chief Deputy District Attorney heading the Consumer Affairs and White Collar Crimes Division and was the resident Las Vegas Member of the Nevada State Gaming Control Board during the state's tumultuous period of developing regulatory oversight. He also held positions at various resort hotels, such as COO and General Counsel for the Landmark Hotel & Casino, Chief Executive Officer and member of the Board of Directors of the Riviera Hotel & Casino and Senior Vice-President of Marketing for Caesars Palace."

Attorney Dominic Gentile in Oct. 2007 bought shares of Gordon & Silver, Ltd. and established a "white-collar criminal defense unit" within the firm.

Gentile's association with the prestigious law firm remained little known until January 4, 2008 when his name appeared on Gordon & Silver, Ltd. stationary in connection to the infamous Rizzolo crime family. He had authored a peculiar letter (below) on behalf of Rick's father the late Bart Rizzolo -- the first of what may have become a series of embarrassing actions for the firm.
 

Unfazed by Gentile's letter and threatened litigation, the late James (Buffalo Jim) Barrier's attorney feared for his client's safety and immediately filed and received an EXTENSION of the November 21, 2007, RESTRAINING ORDER.

Gordon & Silver, Ltd. inherited Gentile's wealthy clientele including Bart Rizzolo when Gentile bought into the firm.  Bart, then 77, was a person who through his corporation pleaded guilty to racketeering for the beating and robbing of patrons at his family's now defunct topless bar the Crazy Horse Too.

On November 16, 2007, Bart attempted to run over Barrier and another man while they were standing in front of Barrier's business which once shared the parking lot with the topless bar. A police report was filed. Based on that complaint and witness statements, Barrier's attorney Robert Lueck, a former District Court Judge, on November 26, 2007, requested and received the first of two RESTRAINING ORDERS against Bart Rizzolo to protect Barrier from another attempt on his life.

For the next four weeks Bart was not allowed to come within 100 feet of Barrier. Because Barrier's auto repair business was located next to the Rizzolo's strip club, Gentile's client was also prohibited from being on his own property while Barrier was present in his business less than 100 feet away. This inspired the letter from Gordon & Silver, Ltd., a letter that immediately went viral after it was published on AmericanMafia.com.

Based on this event and the publicity it generated because Barrier in 2005 was named Las Vegas' "Most Colorful Character" by the Review-Journal in its Best of Las Vegas poll, his run-in with members of an infamous crime family may have become the beginning of a series of high profile embarrassments to the usually low key Gordon & Silver, Ltd.

Five years after his "reputation" letter was ignored, last Monday, Gentile's photo appeared on the front page of the Review-Journal pleading for Rick Rizzolo before the Ninth Circuit Court of Appeals without receiving payment for his service!

Gentile probably believed at last Monday's appeal hearing and continues to believe that the appeals court will agree with his argument that Rizzolo deposited his fortune into "corporate person hoods" that are out of the reach of creditors, and must be considered an "independent person both in contemplation of law and under the terms of the plea agreements in this case," i.e., Gordon & Silver, Ltd. will be paid from Rick and Lisa Rizzolo's corporations if the appeals court rules in his favor.

Or, after hearing the soliloquy between the three appeals court judges and Gentile, Gordon & Silver, Ltd. envisioned a sinking ship and felt it was time to cut ties with Rizzolo, et.al.

Gentile's act of generosity without any assurance of payment probably did not please his law partners, especially when the case grew from what was supposed to be very low key into a nationally publicized circus (Editor's note: Steve Miller had nothing to do with it, I think.).

The appeal is expected to be summarily dismissed which may cause Gordon & Silver, Ltd. further embarrassment and leave them with hundreds of hours of unpaid legal bills until plaintiffs (United States of America, and Kirk Henry) convince the court to seize the money Kimtran Rizzolo received from the sale of the Philadelphia Crazy Horse Too, and force Lisa Rizzolo to repatriate her off shore money, or indict one or both women for violating court orders.

But, Dominic Gentile's MOTION TO WITHDRAW AS ATTORNEYS OF RECORD has confirmed even more oddities about the Rizzolo case:

4. As an initial retainer, a third person (Fred Doumani) paid $40,000 to this firm for a specific purpose and informed us that he had no intention at that time of paying any more on Mr. Rizzolo's behalf.

5. When the initial payment was exhausted, Mr. Rizzolo continued to pay $3,000 per month toward his outstanding balance for a period of time. Those funds were obtained from his father's widow (emphasis added) and paid over to Gordon Silver.

6. The last payment was received on Mr. Rizzolo's account on February 25, 2011 in the amount of $3,000.

9. On July 20, 2011, the United States District Court, District of Nevada, ordered that Amy and Kirk Henry have priority to any payments from the Piazza Partnership to Lions, a transaction unrelated to the present suit. (See July 20, 2011, Minutes of Proceedings, attached hereto as Exhibit A.). Mr. Rizzolo was to arrange said payments and was strictly prohibited from taking any action to hinder the payments of those monies, including their use to maintain legal counsel.

13. Defendant's last known address is: Fredrick John Rizzolo, #41390-048, c/o Taft Correctional Institution, P.O. Box 7001, Taft, CA 93268.

14. I personally visited with Mr. Rizzolo at his last known address on Sunday, January 22, 2012 and advised him of our intention to file this motion unless payment could be arranged. I also served him with a copy of the proposed Motion at that time.

When the court ordered all $3 million from the sale of the Philadelphia Crazy Horse Too (Piazza Partnership to Lions) be paid to Kirk and Amy Henry, payments to Gordon & Silver, Ltd. ceased, and Rick Rizzolo's angel (Doumani) did not want to pay good money after bad to help his friend.

To make matters worse, late last week, the U.S. Department of Justice filed this letter with the Appeals Court Clerk:

On Friday, March 23, as their last official action on behalf of Rizzolo, Gordon & Silver, Ltd. filed this reply to the D.O.J's letter:


FULL REPLY: http://www.stevemiller4lasvegas.com/RizzoloLastLetterFromDominicGentile-03-23-12.pdf

Not mentioned in Ms. Lambrose's reply is Rizzolo's admission in his OPPOSITION TO PLAINTIFF KIRK HENRY'S MOTION FOR PRELIMINARY INJUNCTION filed on June 22, 2011, that he already agreed to pay the Henrys restitution.  "From the time the IRS began garnishing Mr. Rizzolo's wages, he has been unable to make the restitution payments to the Henrys and he has had to borrow money ($4,000.00) from his son in order to do so."

He can't have it both ways!

The Ninth Circuit Court is expected to hand down its ruling within the next two weeks. It's not yet known what attorney or paralegal is next in line to represent Rick Rizzolo (Spud may still be available).

Kimtran Rizzolo sanctioned

"Don't remember." "What you mean?" "Don't know." "I need the blanket or something. I'm cold." "I don't understand really your question." "I don't have money now." "I spend it." "This is very uncomfortable chair." "I don't understand." "Explain it." From Me Account? What You Mean?

This is part of the sworn testimony of Kimtran Rizzolo, widow of Bart Rizzolo.

In response to her deposition testimony, United States Magistrate Judge George Foley on January 4, 2012, ordered Kimtran to "provide full and complete responses" in writing to all interrogatory questions about where she hid $1,052,006.03 dollars derived from the sale of the Philadelphia Crazy Horse Too.

She defied Judge Foley's order. A MOTION FOR CONTEMPT was filed by attorneys for Kirk Henry. On March 20, 2012, Judge Foley issued an ORDER stating:

Plaintiffs’ Motion for Contempt Against Defendant Kimtran Rizzolo and her Counsel and for Enforcement of Monetary Sanctions Under Fed.R.Civ.P. 37 (#569) is granted as follows:
1. Defendant is ordered to further supplement her responses to Interrogatory Nos. 16 and 22 within 14 days of the filing of this order. Failure to do so may result in the imposition of further sanctions against Defendant and/or her counsel.
2. Plaintiffs are awarded their reasonable attorney’s fees and costs incurred in pursuing their previous motion to compel (#555) and their instant motion for contempt (#569) in an amount to be hereafter determined by the Court.

FULL ORDER: http://www.stevemiller4lasvegas.com/KimtranSanction.pdf

The Rizzolo's legal tanglings have captivated the attention of dozens of experienced attorneys including instructors and students at the UNLV Boyd School of Law, and attorneys who specialize in asset protection.  Based on interviews conducted by INSIDE VEGAS, a majority of attorneys believe that the Ninth Circuit Court of Appeals is about to summarily dismiss Rick Rizzolo's appeal. If this occurs, it opens the door for Kirk Henry's Uniform Fraudulent Transfers Act (UFTA) lawsuit to take center stage, and the IRS to become active in this case. The UFTA action will point the spotlight at Lisa and Kimtran Rizzolo and their stashed away ill-gotten fortunes.

Rick Rizzolo will be released from federal custody on June 12. When he gains his freedom, it remains to be known whether Rizzolo will stand by and let the mother of his children, and the woman who cared for his ailing father take his rap? Or will he be man enough to pay his financial obligations to the Henrys, the IRS, Gordon & Silver, Ltd., and other creditors.

MORE INFORMATION:

San Francisco Chronicle
Appeals judges hear strip club mogul case at UNLV
By KEN RITTER, Associated Press
March 19, 2012
Attorney Dominic Gentile asked the three 9th U.S. Circuit Court of Appeals judges to make a distinction between the one-year-and-one-day sentence that ex-Crazy Horse Too owner Rick Rizzolo served in the tax case and the nine-month sentence that U.S. District Judge Philip Pro imposed after hearing that Rizzolo failed to make restitution to a Kansas tourist who was paralyzed in a scuffle with club bouncers in 2001.
"He committed the acts," Judge N. Randy Smith of Idaho declared. "On that point, isn't it the end of the story?"
"We are challenging what the court did," Gentile responded.
"Why shouldn't we give Judge Pro the benefit to the doubt?" asked Judge Jay Bybee of Nevada.

Federal appeals panel hears arguments in Rizzolo case in Las Vegas
By Jeff German
LAS VEGAS REVIEW-JOURNAL
Mar. 20, 2012
At one point, when pressed by 9th Circuit Judge N. Randy Smith of Idaho, Gentile acknowledged that he wasn't contesting the acts committed by Rizzolo that prompted Pro to send the topless club owner back to prison.
"Isn't that the end of the story?" Smith asked.
Gentile responded that Pro had abused his discretion when handing out the additional prison time, which violated the federal law governing the judge's handling of the sentence.
The appeals panel did not issue an opinion after the hearing.

ORANGE COUNTY WEEKLY
Bada Bing!
Mike Carona's Dirty Vegas Strip Club Pal Whines about Prison Punishment
By R. Scott Moxley
Tue., Mar. 20 2012

LISTEN TO 'THE GHOST OF BUFFALO JIM"



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