Judge won’t give infomercial pitchman approval to visit Canada while appealing 30-day sentence

February 25, 2010

Canadian Business

By Mike Robinson

A federal judge refused Wednesday to give infomercial pitchman and author Kevin Trudeau permission to visit Canada next month while appeals his 30-day criminal contempt sentence in Chicago.

U.S. District Judge Robert W. Gettleman said Trudeau’s $50,000 bond, which also requires him to surrender his passport, was set by a federal appeals court. The judge said he has no authority to interfere with the higher court’s order by giving him permission to go to Canada.

While the bond set by the appeals court does require the passport be surrendered, Gettleman noted he saw nothing in it that would specifically bar a visit to Canada. But he said he was not certain of just what it allows.

“I’d be careful if I were you,” he told Trudeau.

Trudeau — who sells books advocating “natural cures” for a variety of ailments — has been fighting a court battle since 2003 with the Federal Trade Commission over alleged misleading advertising for a diet book.

Gettleman last week found Trudeau in criminal contempt, sentencing him to 30 days and fining him $50,000 — later reduced to $5,000 — for urging his supporters to flood the judge’s computer with messages praising his remedies.

The hundreds of messages that followed crashed Gettleman’s computer and inundated the judge’s BlackBerry while he was teaching a course at Northwestern University law school.

Trudeau left court Wednesday with attorney Thomas Kirsch II, who said they were still deciding whether to take their travel request to the appeals court.

Trudeau said he wants to visit Toronto and Vancouver for unspecified business reasons. The appeals court has yet to decide if it will hold a hearing on the appeal of Gettleman’s sentence.

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Infomercial pitchman denied OK to leave country

February 24, 2010

WBBM

By Associated Press

A federal judge has refused to give infomercial pitchman and author Kevin Trudeau permission to visit Canada next month while he is appealing his 30-day contempt sentence in Chicago.

Judge Robert Gettleman said Wednesday an appeals court has set Trudeau’s bond – which requires that he surrender his passport – and he can’t interfere with the higher court’s order.

Trudeau sells books advocating “natural cures” for a variety of ailments. He is fighting the government over alleged misleading advertising.

Gettleman last week sentenced Trudeau to 30 days for getting his supporters to flood the judge’s computer with messages, locking up his e-mail.

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Judge won’t give pitchman OK to leave US

February 25, 2010

ABC News

By Associated Press

A federal judge refused Wednesday to give infomercial pitchman and author Kevin Trudeau permission to visit Canada next month while appeals his 30-day criminal contempt sentence in Chicago.

U.S. District Judge Robert W. Gettleman said Trudeau’s $50,000 bond, which also requires him to surrender his passport, was set by a federal appeals court. The judge said he has no authority to interfere with the higher court’s order by giving him permission to go to Canada.

While the bond set by the appeals court does require the passport be surrendered, Gettleman noted he saw nothing in it that would specifically bar a visit to Canada. But he said he was not certain of just what it allows.

“I’d be careful if I were you,” he told Trudeau.

Trudeau — who sells books advocating “natural cures” for a variety of ailments — has been fighting a court battle since 2003 with the Federal Trade Commission over alleged misleading advertising for a diet book.

Gettleman last week found Trudeau in criminal contempt, sentencing him to 30 days and fining him $50,000 — later reduced to $5,000 — for urging his supporters to flood the judge’s computer with messages praising his remedies.

The hundreds of messages that followed crashed Gettleman’s computer and inundated the judge’s BlackBerry while he was teaching a course at Northwestern University law school.

Trudeau left court Wednesday with attorney Thomas Kirsch II, who said they were still deciding whether to take their travel request to the appeals court.

Trudeau said he wants to visit Toronto and Vancouver for unspecified business reasons. The appeals court has yet to decide if it will hold a hearing on the appeal of Gettleman’s sentence.

Click here for the full report

Judge says infomercial pitchman can’t visit Canada while appealing contempt sentence

February 24, 2010

WREX

By The Associated Press

A federal judge in Chicago refused today to give infomercial pitchman and author Kevin Trudeau permission to visit Canada next month while Trudeau appeals his 30-day criminal contempt sentence.

U.S. District Judge Robert Gettleman says Trudeau’s $50,000 bond, which also requires him to surrender his passport, was set by a federal appeals court, and he has no authority to interfere with the higher court’s order.

Trudeau sells books advocating what he calls “natural cures” for a variety of ailments. He has been fighting a court battle since 2003 with the Federal Trade Commission over alleged misleading advertising for a diet book.

Gettleman last week found Trudeau in criminal contempt for urging his supporters to flood Gettleman’s judge’s computer with messages praising Trudeau and his remedies.

Click here for the full report

Infomercial pitchman denied OK to leave country

February 24, 2010

WREX

By Associated Press

A federal judge has refused to give infomercial pitchman and author Kevin Trudeau permission to visit Canada next month while he is appealing his 30-day contempt sentence in Chicago.

Judge Robert Gettleman said Wednesday an appeals court has set Trudeau’s bond – which requires that he surrender his passport – and he can’t interfere with the higher court’s order.

Trudeau sells books advocating “natural cures” for a variety of ailments. He is fighting the government over alleged misleading advertising.

Gettleman last week sentenced Trudeau to 30 days for getting his supporters to flood the judge’s computer with messages, locking up his e-mail.

Click here for the full report

Judge denies Trudeau request to travel to Canada

February 24, 2010

Chicago Sun-Times

By Natasha Korecki

It’ll be “No, Canada” for Kevin Trudeau — at least for now.

A federal judge this afternoon wouldn’t grant the infomercial king, controversial author and radio host’s request to travel to Canada and other parts of the country for “business engagements.”

U.S. District Judge Robert Gettleman said he thought the matter was out of his hands now that Trudeau, found in criminal contempt of court earlier this month and sentenced to 30 days in prison, has filed an appeal.

The U.S. Seventh Circuit Court of Appeals put a temporary halt to the prison sentence, pending arguments before a three-judge panel there.

Gettleman penalized Trudeau after he urged his followers to deluge the judge’s email box regarding his ongoing civil case. Gettleman said Trudeau was trying to improperly influence the bench. Trudeau has said he believed he was exercising his First Amendment right.

Since his contempt finding, Trudeau, who continues to keep up a healthy tan, has been bound by a court order that doesn’t let him leave the Northern District of Illinois. Trudeau, who has a residence in Hinsdale, was ordered to give up his passport.

Trudeau sought to travel to Vancouver and Toronto as well as other parts of the country for “medical appointments and numerous business engagements,” according to a federal court filing.

Trudeau’s criminal lawyer, Thomas L. Kirsch, said he is still weighing whether to ask the appeals court if his client can travel.

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Judge: Informercial pitchman can’t leave country

February 25, 2010

Business Week

By Mike Robinson

A federal judge refused Wednesday to give infomercial pitchman and author Kevin Trudeau permission to visit Canada next month while appeals his 30-day criminal contempt sentence in Chicago.

U.S. District Judge Robert W. Gettleman said Trudeau’s $50,000 bond, which also requires him to surrender his passport, was set by a federal appeals court. The judge said he has no authority to interfere with the higher court’s order by giving him permission to go to Canada.

While the bond set by the appeals court does require the passport be surrendered, Gettleman noted he saw nothing in it that would specifically bar a visit to Canada. But he said he was not certain of just what it allows.

“I’d be careful if I were you,” he told Trudeau.

Trudeau — who sells books advocating “natural cures” for a variety of ailments — has been fighting a court battle since 2003 with the Federal Trade Commission over alleged misleading advertising for a diet book.

Gettleman last week found Trudeau in criminal contempt, sentencing him to 30 days and fining him $50,000 — later reduced to $5,000 — for urging his supporters to flood the judge’s computer with messages praising his remedies.

The hundreds of messages that followed crashed Gettleman’s computer and inundated the judge’s BlackBerry while he was teaching a course at Northwestern University law school.

Trudeau left court Wednesday with attorney Thomas Kirsch II, who said they were still deciding whether to take their travel request to the appeals court.

Trudeau said he wants to visit Toronto and Vancouver for unspecified business reasons. The appeals court has yet to decide if it will hold a hearing on the appeal of Gettleman’s sentence.

Click here for the full report

The Kevin Trudeau Show Arrives in Florida!

February 8, 2010 CHICAGO, IL – The Kevin Trudeau show is proud to announce that starting February 20th, 2010, it will be airing on WMEL 1300-AM in Melbourne, Florida!

The show will be on WMEL every Saturday  from 2:00 P.M. to 5:00 P.M.

Listeners have compared Kevin Trudeau’s radio show to the best parts of Michael Savage, Howard Stern, Art Bell, John Tesh and Rush Limbaugh.

Mr. Trudeau is one of the most read authors of all time. His books have all been best sellers and have sold over 30 million copies globally. Mr. Trudeau’s most controversial book, Natural Cures “They” Don’t Want You to Know About was number 1 on the New York Times best sellers list for 26 weeks in a row becoming the best selling health book of all time.

The Kevin Trudeau Radio Show originates from studios at Trudeau’s World Headquarters in Chicago. For information regarding affiliate relations visit www.KevinOnAir.com

Infomercial pitchman held in contempt for encouraging e-mail attack on judge

February 11, 2010

Chicago Tribune

By Jeff Coen

Tanned infomercial pitchman Kevin Trudeau has pushed cures for everything from obesity to cancer, but he appears unlikely to have a magic potion to soothe the anger of a federal judge whose e-mail account he flooded with unwanted messages from supporters.

A furious U.S. District Judge Robert Gettleman gave Trudeau three hours’ notice to show up in his federal courtroom Thursday and then found the Internet host in criminal contempt of court for the e-mail attack.

Trudeau sat with a bit of a deer-in-the-headlights look on his face as the normally mild-mannered Gettleman lectured his lawyer about the e-mail onslaught — all the while being interrupted on the bench as new messages continued to hit his inbox.

“Just got another one,” said the judge, who earlier had turned his computer screen so attorneys in the case could see the incoming barrage for themselves. “Every time you hear that little bell.”

On his Web site Wednesday, Trudeau had asked followers to write Gettleman in an attempt to convince the judge that he’s not selling snake oil. Gettleman, who is presiding over a civil lawsuit brought by the Federal Trade Commission, previously held Trudeau in contempt of an earlier court order for using deceptive practices in some of his advertising and ordered him to pay a fine of more than $37 million.

Gettleman said that next week he’s likely to impose time in custody for Trudeau and another fine as punishment for the e-mails. In the meantime, he ordered Trudeau to come up with $50,000 for bail by Friday and surrender his passport.

“Unlike Mr. Trudeau, I do not wish to act hastily or improvidently,” said the judge, who has the authority to impose a prison term of up to six months. “I want to think about what an appropriate sanction would be.”

Trudeau, a convicted felon who spent two years in prison for credit card fraud, had little obvious reaction to the prospect of having to spend more time behind bars. As he left court wearing a distinguished gray fedora, Trudeau said he would say nothing “until the proceedings are done.”

Gettleman said the deluge of hundreds of e-mails began late Wednesday after Trudeau posted a message on his Web site saying “Kevin needs your voice.” The posting went on to ask supporters to e-mail Gettleman, listed the judge’s e-mail address and asked that followers tell the judge how Trudeau had improved their lives.

The judge said the result was his e-mail and BlackBerry were “literally clogged” with a collection of messages — some from people who were angry and others who “said they are watching,” a vaguely threatening note that prompted Gettleman to ask the U.S. Marshal Service in Chicago to assess if any of the messages amounted to a threat.

Judicial security has taken on heightened levels in Chicago since an enraged litigant killed the husband and mother of U.S. District Judge Joan Lefkow five years ago. In the wake of the Lefkow tragedy, marshals set up a working group to respond quickly to any inappropriate communication or threat to a judge, said John O’Malley, chief deputy marshal in Chicago.

Gettleman had previously found that Trudeau, known for his seeming omnipresence on late-night TV infomercials, had used deceptive advertising as he marketed his book “The Weight Loss Cure ‘They’ Don’t Want You to Know About.” The FTC noted in one court filing that infomercials for the book were broadcast 32,000 times in the U.S.

The judge said Thursday that he had considered referring the case to federal prosecutors for criminal investigation even before the e-mail avalanche.

Trudeau had appealed Gettleman’s $37.6 million fine, and last fall the 7th U.S. Circuit Court of Appeals upheld the contempt finding but directed Gettleman to do more fact-finding to justify the hefty fine, lawyers in the case said.

Gettleman was to make those findings in the coming weeks but had closed discovery — the sharing of evidence. The e-mail onslaught amounted to Trudeau encouraging improper communications from others, the judge said in finding that as a basis for the criminal contempt.

Gettleman said Trudeau’s method was meant to “harass the court and interfere with my processes.”

Experts said it doesn’t appear that the judge’s decision raises significant First Amendment issues.

Donald Craven, counsel for the Illinois Press Association, said free-speech rights have limits, including time, place and manner, pointing to the famous example of shouting “fire” in a crowded theater. A judge has the authority to limit what he or she considers in the context of a case.

“I have never known anybody to win that fight, especially in U.S. District Court,” Craven said. “If a judge says, ‘I don’t want to see it or hear it,’ you’d best stop. Judges are absolutely entitled to control the development of a court record in matters that are in front of them.”

DePaul University law professor Jeffrey Shaman said he wouldn’t be surprised if Trudeau claims the e-mailers were engaged in a “speech activity.” It may be that Trudeau, not being a lawyer, wouldn’t necessarily know about a ban on “ex-parte communication” — when only one party in a case communicates with a judge, Shaman said.

“I would think the proper remedy for when a party does (make such a misstep) is for the judge to let them know he will not accept the communication and not read it and give notice to the party that he’s doing something wrong,” Shaman said. “Trudeau might not know about the rule against ex-parte communication.”

As for a quick fix to try to keep Gettleman’s e-mail account from being buried in missives from supporters who think Trudeau is a force for good, the pitchman’s lawyer told the judge another message had been posted on his Web site Thursday saying the call for the e-mails was in error.

“Please do not under any circumstances communicate with the court or Judge Gettleman,” the message on the site read. “I apologize for this mistake. Yours in Health, Kevin.”

Click here for the full report

Inbox warfare: When mass e-mail campaigns backfire

February 15, 2010

Chicago Tribune

By Joel Hood

Monkeys in Ecuador? Health care reform in Washington? Abandoned children in New Delhi?

Whatever your cause, it’s a good bet somebody out there is rallying public support for it by flooding some unsuspecting person’s inbox with e-mail. But activists beware: Mass e-mail campaigns sometimes backfire.

In Chicago last week, supporters of infomercial pitchman Kevin Trudeau inundated a federal judge with e-mails of support for Trudeau, who is accused of deceptive business practices in a lawsuit brought by the Federal Trade Commission.

Judge Robert Gettleman was not amused, accusing Trudeau of instigating the e-mail harassment and holding him in contempt of court Thursday.

That same day, officials at the Metropolitan Water Reclamation District of Greater Chicago were swamped by more than 1,000 e-mails from activists trying to force closure of shipping locks in Chicago waterways to prevent the spread of Asian carp.

The water district accuses the state of Michigan of spearheading the e-mail campaign at noasiancarp.com.

The problem is the water district, which operates the locks only to relieve pressure from flooding, does not have the authority to close them. That would require an agreement between the Coast Guard and the Army Corps of Engineers, or maybe an act of Congress.

Activists are sending “a message to the WRONG person,” water district officials wrote in a release last week.

They didn’t say whether they were forwarding the e-mail.

Click here for the full report

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