Feds, Florida Fight Over Joe Francis

Girls Gone Wild guru has not made bail and will remain in federal custody in Nevada until his tax evasion trial, before returning to Florida to face state charges

By Josh Grossberg Jun 06, 2007 11:05 PMTags

At this point, the only choice Joe Francis has these days is jail and more jail.

According to the U.S. Attorney in Nevada, the judge overseeing the Girls Gone Wild mastermind's tax evasion case did not grant Francis bail but remanded him to federal custody.

The statement contradicts earlier reports that quoted Francis' lawyer as saying Francis made bond, but opted to remain in a Washoe County jail cell in Reno, Nevada, to avoid extradition to Florida, where he's facing additional charges.

"It appears like the defense is making it sound like he has a choice to bond out or not, but the magistrate judge said he would not be able to post the $1.5 million cash bail unless he got his bond matter straightened out down in Florida," says Natalie Collins, a spokeswoman for the U.S. Attorney's Office.

As it turns out, a Florida judge revoked Francis' bail Tuesday and issued a warrant for his arrest to bring him back to the Sunshine State on six felony counts of conspiracy, prostitution and filming underage girls in sexual situations. The charges stem from a 2003 bust in Panama City Beach.

Francis, 34, is also facing additional charges for smuggling contraband into a Florida jail in April, where he was serving a month for contempt.

Nevada's another matter. On Monday, the soft-core guru pleaded not guilty to federal tax evasion charges in a Reno federal court.

After the arraignment, his Nevada-based lawyer, David Houston, told TMZ that Francis would be free to go once he posted his $1.5 million bail. Despite being "elated," the king of late-night infomercials had "voluntarily" chosen to remain behind bars there, knowing police would ship him back East. (Houston also told the Website that Francis likes the Washoe County detention facility a lot better than the Florida lockup, since he gets more phone privileges there.)

Francis' lead attorney, Aaron Dyer, declined to comment.

According to prosecutors in Florida and Nevada, Francis' legal team flew to Florida after the arraignment but failed to convince officials to allow him to be freed on bond. That means he will likely remain in federal custody until the tax case goes to trial. He would finally be sent back to Florida after he was either acquitted of the federal charges or convicted and sentenced.

"We wouldn't want to lose his body if there's a warrant for him. We need him in federal custody," says Collins. "If they were going to let him bond out down there, then our judge would have let him bond out at $1.5 million."

Francis has been deemed a flight risk, having previously ignored a Florida federal judge's order to surrender. Because of that, the Nevada magistrate set several conditions that Francis would have to meet on top of sorting out the Florida logistics.

Among them: surrendering his passport; not using his private jet until the tax case is resolved; restricting his travel to Los Angeles and Reno; and getting permission before traveling to Florida for any court appearances.

Francis has another option. He could seek a detention hearing to try and change the conditions for bail in Nevada. His camp hasn't stated whether it would try to do so or whether to appeal the bail revocation in Florida.

The battle over Francis got started after a federal judge ruled that the federal tax case took precedence over the state charges and ordered U.S. marshals to send the Girls guru to Nevada against the wishes of Florida prosecutors.

A tentative trial date in his federal case is scheduled for July 24.

Additionally, Francis has also pleaded not guilty to one misdemeanor count of sexual battery in Los Angeles after allegedly groping an 18-year-old woman at a Hollywood party in January. A pretrial hearing is set for June 26.