Founder of the “Girls Gone Wild” empire Joe Francis was placed under arrest Monday afternoon after he showed up to a Los Angeles court hearing in his tax evasion case five hours late.

A bench warrant on Joe Francis’ name was signed by U.S. District Judge S. James Otero when Francis, who pleaded not guilty to two counts of federal tax evasion, failed to show up in court at the set time, claiming he had been battling the flu.

When Francis, who was expected to arrive in court at 8:30 in the morning, eventually made it at around 1:30 p.m., his attorney Melissa A. Weinberger told reporters outside court that even though her client was “as sick as can be,” U.S.  marshals handcuffed him and took him away. Weinberger added that she would try to have Francis released once the marshals would be done processing him.

The adult-video entrepreneur is being accused of unlawfully deducting more than $20 million in bogus business expenses on his 2002 and 2003 corporate tax returns.

Alleged improper deductions included $3.78 million that was counted as a business cost when it was actually spent to build a residence in Punta Mita, Mexico. In addition, $10.4 million in “false consulting services” was deducted, as was a $500,000 false insurance expense, according to the indictment.

If convicted, Francis faces a possible sentence of 10 years behind bars in federal prison and a $500,000 fine. Trial is set before Otero on March 31.

Joe Francis built his fortune selling videos that feature young women, usually drunk, who bare their breasts. In 2003, he was charged with filming two 17-year-old girls in Panama City, Florida. The video sells millions of copies a year.

Francis was released from jail in March last year after being jailed on both sides of the country for nearly a year, caught in a tug-of-war between federal prosecutors in Nevada and state attorneys in Florida.

His legal troubles began in 2003 in Panama City, where he was charged with filming two 17-year-old girls. He still faces four felony and two misdemeanor charges — all that remain from an initial 73-count indictment stemming from the spring break filming. His lawyers contend the underage women lied about their ages to an independent camera operator, and that none of the footage was used.