Judge Pro ended the hearing by stating, "It seems there's nothing left of this case to try in this court."

U.S. Judge Philip Pro: “Seems like this case is done.”

By —— Bio and Archives--July 25, 2013

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On Thursday, July 25 at 1:45 PM, Senior United States District Court Judge Philip Pro stated: “Seems like this case is done.” His words were in response to a dispute between attorneys for beating victim Kirk Henry and convicted racketeer Rick Rizzolo over whether additional litigation can take place between the parties.


After several minutes of argument by attorney Philip Erwin representing Henry, and Sigal Chattah representing Rizzolo over the language “with prejudice,” and “without prejudice,” Judge Pro gave his opinion.

During argument, Erwin stated that “remedy (has) already (been) achieved,” meaning that Kirk Henry has received the majority of the $10 million dollars Rizzolo agreed to pay in exchange for a shortened prison sentence.

Judge Pro mentioned that there should be no further need for a Uniform Fraudulent Transfer Act jury trial since Lisa Rizzolo has performed in transferring to Henry an agreed upon portion of the funds Rick placed in her name and hid in the Cook Islands. The amount is sealed.

Erwin told the court that he still believes Rick Rizzolo may in the future try to fraudulently transfer additional funds that could be received by Henry to pay any deficits including interest, but Erwin did not identify the source which prompted Judge Pro to say he is dismissing the case “because there is nothing more to get,” but added, if additional facts surface about more fraudulent transfers, new action can occur.

Judge Pro then asked the attorneys to submit language to the court within ten days stating that new action can occur “without prejudice” if additional facts surface, which leaves open the possibility of bringing further action in Federal Court if the Defendant (Rizzolo) does not follow through on the terms of the settlement.

Judge Pro mentioned that Rick’s stepmother Kimtran Rizzolo has an appeal pending in the Ninth Circuit Court asking that she be allowed to keep a portion of the fraudulently transferred $3 million she received from the secret sale of the Philadelphia Crazy Horse Too. Her appeal is based on the exact same language as two previously denied appeals, one by Rick Rizzolo, the other by Lisa Rizzolo. Judge Pro mentioned that a portion of the fraudulently transferred Philadelphia funds have already been received by Henry.

No mention was made of Rick’s most recent federal lawsuit against Kirk Henry claiming that all court decisions previously made in HENRY v. RIZZOLO be reversed.

Both pending court actions, Kimtran’s and Rick’s, are expected to fail.

Judge Pro ended the hearing by stating, “It seems there’s nothing left of this case to try in this court.”


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Steve Miller -- Bio and Archives | Comments

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. Miller writes internationally syndicated columns on organized crime and political corruption for Rick Porrello’s AmericanMafia.com.

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