On November 26, 2012, while testifying about his assets, Joe Francis invoked the Constitutional Right against Self Incrimination on more than 50 occasions. It appears that Francis is concerned that the IRS may be less than thrilled with the manner in which his taxable income is (or is not) reported.
Attorneys asked that Francis be held in contempt and jailed if he doesn’t produce corporate records.
In April 2012, Tamara Favazza obtained a $5.8 million dollar judgment against Joe Francis’ Girls Gone Wild Franchise. Favazza alleged that a member of the production company lifted her top without her consent and subsequently distributed the video. Ms. Favazza was 20 years old at the time of the incident and can be seen on the video saying “no”.
The November 26, 2012 hearing is a post judgment discovery hearing to determine Joe Francis’ assets to collect on the judgment. During the hearing, the Judge declared that Francis “appeared was playing some kind of game” with the Court. Francis’ attorneys warned Francis several times to “stop talking.”
Francis invoked his Fifth Amendment right against self incrimination throughout the hearing. However, since he partially answered questions, Ms. Favazza’s attorneys argued that Francis waived his right to remain silent and was obligated to answer the questions concerning his alleged transfer of assets that drained his companies to avoid payment of judgments.
The attorneys are expected to return to Court this week so stay tuned.