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twitterLOOKING IN ON: JUSTICE:
‘Girls Gone Wild’ producer ordered to pay Wynn millions
Friday, Aug. 14, 2009 | 2 a.m.
Joe Francis, producer of the "Girls Gone Wild" franchise, was uncouth and uncooperative at a deposition in California, and has been dealt a $2 million-plus bill.
Sun Archives
- 'Girls Gone Wild' mogul posts bail, walks free (10-11-2008)
- Porn mogul: Check to casino was good (9-24-2008)
- DA trains sights on porn mogul over debt (9-23-2008)
- Gambler says Wynn plied him with prostitutes (8-14-2008)
“Girls Gone Wild” producer Joe Francis went wild in a court deposition this year, and he’s being handed a hefty bill as a result.
Unimpressed with his antics, District Judge Michelle Leavitt ruled in favor of Wynn Las Vegas and ordered the soft-porn video mogul to pay the Strip casino a $2 million gambling debt, which, with interest and court costs, could soar to $3 million.
In court papers, the Wynn’s lawyers argued that Francis improperly asserted his Fifth Amendment right against self-incrimination in refusing to answer even the most innocuous questions during the nearly daylong deposition in February.
And several times during the deposition Francis openly passed gas, further disrespecting the legal proceeding, the Wynn lawyers charged.
“As the court will see from reviewing the video clips of Francis’ deposition, his utter contempt for the judicial system is apparent, including his repeated attempts to disrupt the deposition with flatulence,” the lawyers wrote.
The deposition was taken inside the kitchen of a Baker community center because Francis claimed he couldn’t travel outside California, where he’s facing federal tax evasion charges.
Among other things, Francis refused to acknowledge in the deposition whether he had a cell phone, even though he constantly checked his e-mail and took a call on his cell phone during the deposition.
When asked if he understood English, he took the Fifth by reading the privilege in English from a card his lawyer had given him.
“Obviously, Francis did not assert his Fifth Amendment privilege in good faith,” the Wynn lawyers charged.
At a hearing in June, Leavitt called Francis’ conduct “the most ridiculous exercise of the Fifth Amendment I think I’ve ever seen.”
Leavitt also dismissed his counterclaims against the Wynn, including allegations he was provided prostitutes as part of an effort to run up his gambling losses in February 2007. Francis had taken the Fifth in his deposition when asked about the prostitute claims. He refused to answer questions about whether he had sex with them and whether they were “male or female.”
Leavitt is set to finalize her ruling Monday following a meeting with both sides.
Francis, who is expected to appeal Leavitt’s decision, is still facing felony charges in Las Vegas stemming from his failure to pay back the Wynn, and he has a trial pending on the tax evasion charges in California.
Federal authorities also are looking to build a bribery case against him in Reno. One of his Hollywood associates was indicted last month on charges of trying to bribe jailers to get preferential treatment for Francis while Francis was behind bars there on the tax charges in November 2007.
•••
District Judge Elissa Cadish isn’t earning rave reviews for her handling of the criminal case against Lt. Gov. Brian Krolicki.
Back in May she disqualified the attorney general’s office from prosecuting Krolicki, noting a perception of a conflict of interest — the office had both investigated and provided legal advice to Krolicki. The attorney general didn’t share that opinion and appealed to the Nevada Supreme Court, which has yet to rule.
But three months later, it turns out Cadish had her own conflict of interest and shouldn’t have even made the call to bounce the attorney general.
Cadish removed herself from the case this week — the same day the state allocated $415,000 to hire Las Vegas law firm Gordon & Silver to prosecute Krolicki on charges of misappropriating public money while state treasurer.
In an order explaining her recusal, Cadish said she didn’t discover the conflict until after she read grand jury transcripts on Aug. 4. The time line is the crux of the courthouse criticism. Cadish could have read those grand jury transcripts in May.
If she had, she could have saved herself some public embarrassment and avoided delaying the case.
Instead, she belatedly learned that one of Krolicki’s lawyers is former Gaming Control Board member Scott Scherer. He had been a partner in a law firm where Cadish worked before Gov. Jim Gibbons appointed her to the bench in August 2007. Cadish also was a shareholder in the firm while Scherer represented Krolicki in the criminal investigation.
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Good for Joe! His Constitutional Rights are ABSOLUTE! Otherwise they have NO LEGAL STANDING to charge anyone with anything!
Good for Joe? Just pay your bills.
When the Casino are hustling hookers in the course of their casino scams everthing flies out the window as an illegal operation which no loss can occur!
I doubt they are going to get a penny out of him after the IRS is done holding him upside down and shaking out every last nickle.
this guy probably has almost zero net worth. his COMPANY probably has a lot, but 99% of the time these guys do the trick of forming a company...then making themselves an employee of that company...and then paying themselves like $500 per week.
@ Stevem
Under the "sham doctrine" it is not hard to close the tax loopholes. The court will look at the intent of the wrongdoer and not the actions of the wrongdoer. If Joe did set up a sham Corporation the court can constructively deem Francis as a partner with the corporation. The corporation, as the other partner in the "partnership", will be liable for the debts of the partner.
I have seen these scenarios time and time again, and the sham artist never wins.
Ummm...quiet possibly one of the stupidest things he could have done. Hard to feel sorry for these type people. He got what he deserves.
"And several times during the deposition Francis openly passed gas, further disrespecting the legal proceeding, the Wynn lawyers charged."
Lawyers and judges demand respect they are not even close to deserving. The entire judicial system is based on the same as our money system -- the confidence and respect of the People. Example -- the Fifth encompasses so much, including due process, something for which our courts and their officers show open contempt, despite their oaths. When THEY start showing respect for the Constitutions, the Rule of Law and US, then they might start deserving any respect.
I'd see these lawyers got off light with farts and Joe's doublespeak.
rejco100 -- I'm with you on this one.
DessertSun -- again, available with strawberries and whipped cream?
This is the same judge who ruled against the Clark County District Attorney who asked for a new jury to decide the issue of a violent killer's death sentence. Rather than let a jury decide she told the Mr. Rogers she was not going to play politics with this issue and ruled against him, thus giving the guilty killer life in prison. In the end she did play politics with this case by allowing her agenda which is oppostion to capital punishment and not allowing the citizens of Nevada to decide this issue.
While contacting her to register oppostion to her ruling it was discovered her bailiff can speak minimal english while communicating in ebonics.
Joe may be a scum bag to many, but I applaud the way he handled the deposition.
"When asked if he understood English, he took the Fifth by reading the privilege in English from a card his lawyer had given him."
Now that is funny.
sounds like larry flynt influence
@ Killer B
The 5th amendment's due process cluase concerns only the Federal Government and the D.C., and not state judges or courts. I don't think you understand what due process really means. It means the right of a person to know the charges/causes of action against them, and the right to be heard. That's it.
The respect for the court has nothing to do with the judges and lawyers. It is for the respect of THE COURT.
@ Homer
the death sentence is not an issue for the judge, not the jury. The jury only gives their recommendation to the judge, but the sentence is an ultimate issue for the judge.
@rejco100
The only absolute Constitutional Right is the First amendment; it says "Legislature shall make NO law." We all know how the courts have turned that around. The 5th amendment right against self incrimination is not absolute. It can be waived or, as in this case, one might not have standing to raise it because it is not implicated. The 5th was not created to shield yourself from all questions during a deposition or to disrupt the discovery process.
Comment removed by staff.
Francis is a bottom feeding scuzz bag.
reagan21 -- but that's not how the court or its officers handled the 5th, is it? And I'm probably far more educated than you on the meaning of "due process."
You should watch the courts for a decade or more, participate in them both behind the bar and in the backrooms. I have. I stand by what I said -- the courts (and how else may they only unless through their officers?) deserve no respect whatsoever unless they earn it. You seem to forget where their authority to act comes from.
Your response to rejco100 is just ignorant. Some rights are absolute or close to it -- the 5th + 14th's equality and due process clauses, for example. The citizen has to personally waive their 5th Amendment rights, it can't be done for him/her/it.
School's out.
KillerB, The 5th is violated all the time. The prosecutor will mandate, with the judge's approval, the "make-believe" immunity clause to force the defendant to confess, and when they don't they are thrown in a HORRIFYING prison for contempt.
If you ever had the pleasure of knowing this guy, you would realize the world would be a much better place without him around.
He's a BAD actor, but that is some funny stuff!
Sounds like an episode of Boston Legal. Was Denny Crane there?
Joe Francis developed what is a most interesting product to sell. He got young girls to act in not the most acceptable and career making ways for free and filmed it for sale. He made quite a lot of money doing this but he seems to be missing on a point about the IRS and the court system. Either or both of these can remove his money and freedom. Right or wrong, legal or not that is the way the system works as he has already seen in his jail time before.
I would have thought he would not be trying to PO the people who may well put him in prison just to be entertaining. A better option would be to let the lawyers he is paying do the job they are paid to do and Joe stay out of their way.
Gambling debts, tax evasion. Looks like this loser is going to get what he has coming. He didn't have a yellow Porsche, did he?
Reagan21,
If you're going to lecture somebody, and use quotation marks, no less, GET THE QUOTE RIGHT!
The First Ammendment does not read, "Legislature shall make NO law. (period YOURS)," as you would have it. It reads, "Congress shall make no law..."
If you're as sloppy and erroneous on something as as basic and well-known as this, you certainly can't be trusted to be factual on anything else.
Comment removed by staff.
His new flick with be 'Joe Goes Wild for 2 cigarettes'.
Gooddbye scumbag!
"As the court will see from reviewing the video clips of Francis' deposition, his utter contempt for the judicial system is apparent, including his repeated attempts to disrupt the deposition with flatulence," the lawyers wrote.
LOLOLOLOLOLOLOLOL
Francis made millions manipulating & exploiting women. Now he claims he should not have to pay his debts because he was manipulated by prostitutes?
Maybe the deposition was amusing but the BIG laughs will come during the shower scene in the federal penitentiary.
"Francis made millions manipulating & exploiting women."
buzzbomb -- you base that statement on what exactly? I'm not aware of his crew filming any unwilling subjects.
The man sold a product many wanted to buy -- images of young, willing female flesh. Seems a local superhero started the same thing in the 50s with the same screaming attacks, one as recent as the 80s (Reagan's Meese Commission). Except for the religious and moralists, every attack was forbidden by the 1st Amendment. Hef rules!
rejco100...idiot.
Every parents dream.... to see their daughter on TV in one of this character's videos!
The due process clauses of the 5th and 14th are not absolute. If they were absolute, then they could not be waived. What I meant by my statement is that the due process clause of the 5th amendment is not implicated in state court. However, the due process clause of the 14th is implicated in state court. Along those lines, the right against self incrimination of the 5th amendment is awarded no matter if the court is state or Federal.
Second, equal protection is not absolute. There are laws all over the place that infringe on the equal protection of the law all the time. For example, drivers licenses, age to buy beer and cigarettes, business licenses, etc. The only right that is written as absolute in the Constitution is the 1st amendment right of free speech.
The 5th amendment right against self incrimination has nothing to do with due process. They are seperate clauses. Francis' was not using this right correctly. One cannot use it to hinder or harass the adverse party during the discovery process. It is obvious that Francis was doing that here; using it to not ansewr if he spoke English. One thing the court hates is hindering the discovery process. The judges have a lot of discretion when it comes to abusers during discovery. The judge could have stricken all of Francis' pleadings and ordered a default judgment for failure to answer.
Third, I agree some judges and attorneys don't deserve respect, but respect of the court has nothing to do with the judges or attorneys. As I said before, the respect is for the constructive entity of the court; i.e., the reverence for the rights under the Constitution.
Fourth, I doubt you know more about due process than me. One indication is that you put due process in quotations. It is not some imaginary doctrine. It is very real and hase over 230 years of thousands and thousands of cases. I don't care how long you've worked at a the courthouse
You are right I did mis-quote by saying Legislature instead of Congress. I should not have used quotes, or I should have gone to wikipedia like you did to find out something as basic and well known as that. In my defense Congress is the Legislature.
@ rejco100
Can you tell me wen he court approves mandated confessions, or this "immunity clause"? Your post makes no sense and is a lot confusing.