7th Circuit Nixes 30-Day Jail Term for Infomercial Pitchman Whose Fans Flooded Judge’s E-Mail Inbox
May 20, 2010 by admin
Filed under KT In The News
May 20, 2010
ABAJournal
by Martha Neil
A 30-day jail term for criminal contempt imposed on an infomercial pitchman after his followers flooded a federal judge’s BlackBerry and courthouse computer inbox with e-mail has been nixed by the Chicago-based 7th U.S. Court of Appeals.
Because U.S. District Judge Robert Gettleman didn’t actually see the conduct at issue, which occurred outside the courtroom, and there was no need for an immediate, emergency sanction to keep his courtroom functioning, his summary finding that Kevin Trudeau was in direct criminal contempt was inappropriate, according to the court’s opinion today.
And, because the summary disposition of the case, without an evidentiary hearing, hasn’t established a sufficient record to determine on appeal whether a criminal contempt finding was appropriate under standard procedures, the appeals court vacated not only Trudeau’s 30-day sentence but the contempt finding itself.
However, Trudeau could still be found in contempt on remand, after evidence is presented, the appeals court said. His followers sent some 300 e-mails to the judge within 36 hours, some with threatening overtones.
As the court recounts in the opinion, Trudeau was already in federal court in Chicago for a civil contempt proceeding when the e-mail issue intervened. Initially fined $40 million for violating a consent order requiring him not to misrepresent the contents of his books on television, he was awaiting a new penalty after the 7th Circuit overturned the $40 million fine.
Meanwhile, he wound up being held in criminal contempt after urging his fans to e-mail Gettleman. The resulting deluge reportedly crashed both the judge’s BlackBerry and his court computer. (Gettleman thought he had not made his e-mail address public, but Northwestern University School of Law, where he teaches as an adjunct, had included it on his faculty Web listing, the opinion notes.)
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Court Spares Infomercial Pitchman From Jail
May 20, 2010 by admin
Filed under KT In The News
May 20, 2010
Google.com
An appeals court in Chicago has ruled that an infomercial pitchman won’t have to serve a 30-day jail sentence for getting his supporters to flood a federal judge’s e-mail inbox.
The 7th Circuit Court of Appeals dismissed Kevin Trudeau’s contempt of court conviction on Thursday. It says a judge cannot find a defendant in contempt on the spot and without a hearing unless the offending action occurred in the presence of the judge.
U.S. District Judge Robert Gettleman found Trudeau in contempt after his computer and BlackBerry were jammed with e-mails from Trudeau’s supporters. Gettleman argued that a contempt ruling was appropriate because his computer was part of his court.
The judge has overseen a long-running legal battle between Trudeau and the Federal Trade Commission.
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Court Spares Infomercial Pitchman From Jail
May 20, 2010 by admin
Filed under KT In The News
May 20, 2010
ABCNews.go.com
An appeals court in Chicago has ruled that an infomercial pitchman won’t have to serve a 30-day jail sentence for getting his supporters to flood a federal judge’s e-mail inbox.
The 7th Circuit Court of Appeals dismissed Kevin Trudeau’s contempt of court conviction on Thursday. It says a judge cannot find a defendant in contempt on the spot and without a hearing unless the offending action occurred in the presence of the judge.
U.S. District Judge Robert Gettleman found Trudeau in contempt after his computer and BlackBerry were jammed with e-mails from Trudeau’s supporters. Gettleman argued that a contempt ruling was appropriate because his computer was part of his court.
The judge has overseen a long-running legal battle between Trudeau and the Federal Trade Commission.
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Info Pitchman Trudeau Avoids Jail
May 20, 2010 by admin
Filed under KT In The News
May 20, 2010
SouthtownStar.com
An appeals court in Chicago says infomercial pitchman and author Kevin Trudeau won’t have to serve a 30-day jail sentence for getting his supporters to flood a federal judge’s computer with e-mails.
The appeals court Thursday dismissed Trudeau’s contempt of court conviction, saying an act of contempt must occur in the presence of the judge.
U.S. District Judge Robert Gettleman had found Trudeau in contempt after his computer and BlackBerry were both jammed with e-mails from Trudeau’s supporters.
The appeals court disagreed with Gettleman’s finding that Trudeau had in effect committed contempt in the presence of the judge because the computer was a part of his court.
Trudeau has been fighting a battle with the Federal Trade Commission before Gettleman.
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Infomercial Pitchman Avoids Jail
May 20, 2010 by admin
Filed under KT In The News
May 20, 2010
KWQC.com
An appeals court in Chicago says infomercial pitchman and author Kevin Trudeau won’t have to serve a 30-day jail sentence for getting his supporters to flood a federal judge’s computer with e-mails.
The appeals court on Thursday dismissed Trudeau’s contempt of court conviction, saying an act of contempt must occur in the presence of the judge.
U.S. District Judge Robert Gettleman had found Trudeau in contempt after his computer and BlackBerry were both jammed with e-mails from Trudeau’s supporters.
The appeals court disagreed with Gettleman’s finding that Trudeau had in effect committed contempt in the presence of the judge because the computer was a part of his court.
Trudeau has been fighting a battle with the Federal Trade Commission before Gettleman.
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Kevin Trudeau Off The Hook For Contempt Citation
May 20, 2010 by admin
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May 20, 2010
SunTimes.com
Infomerical King Kevin Trudeau is off the hook.
An appeals court Thursday morning threw out a federal judge’s contempt of court citation against the TV pitchman.
Author and infomercial king Kevin Trudeau was sentenced to 30 days in prison Wednesday after a federal judge last week found him in criminal contempt.
U.S. District Judge Robert Gettleman ordered Trudeau to spend 30 days in jail for urging his followers to deluge Gettleman with e-mails as the judge prepared to make a key decision in a case against Trudeau.
The shenanigans shut down the judge’s BlackBerry and clogged his e-mail inbox.
But the U.S. Seventh Circuit Court of Appeals — which stayed Trudeau’s sentence pending the appeal — vacated Gettleman’s penalty.
When they heard the appeal last month, appellate court judges questioned whether Gettleman stepped out of bounds by ordering Trudeau to spend 30 days in jail.
In arguments before the appellate judges, Trudeau’s lawyer, Kimball Anderson, said even when the president is sent an e-mail threat, the person accused of sending the threat gets a hearing.
After making a criminal contempt finding in February, Gettleman sentenced Trudeau on his own power.
“There’s nothing that says judges get more power than the president of the United States,” Anderson said last month.
Appellate Judge Ilana Rovner looked around in mock surprise last month. “Do you realize where you are?” she said, to laughter in the courtroom.
The three-judge panel hearing the argument seemed interested in whether Trudeau’s actions could be defined as criminal contempt of court because they happened outside of the court’s presence.
Anderson argued that such a finding could come only when the misbehavior occurs inside the courtroom.
In February Trudeau urged his supporters to e-mail Gettleman to influence him on an upcoming decision in a civil case against Trudeau over deceptive ads.
Gary Feinerman, appointed to argue on behalf of the judge’s order, said Trudeau intentionally stirred up his followers to send angry e-mails and that with today’s technology, a computer is considered part of the judge’s courtroom.
“The court, at that point, was under attack,” he said.
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Infomercial Pitchman Avoids Jail
May 20, 2010 by admin
Filed under KT In The News
May 20, 2010
WREX.com
An appeals court in Chicago says infomercial pitchman and author Kevin Trudeau won’t have to serve a 30-day jail sentence for getting his supporters to flood a federal judge’s computer with e-mails.
The appeals court on Thursday dismissed Trudeau’s contempt of court conviction, saying an act of contempt must occur in the presence of the judge.
U.S. District Judge Robert Gettleman had found Trudeau in contempt after his computer and BlackBerry were both jammed with e-mails from Trudeau’s supporters.
The appeals court disagreed with Gettleman’s finding that Trudeau had in effect committed contempt in the presence of the judge because the computer was a part of his court.
Trudeau has been fighting a battle with the Federal Trade Commission before Gettleman.
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Infomercial Pitchman Trudeau Wins Contempt Appeal
May 20, 2010 by admin
Filed under KT In The News
May 20, 2010
ChicagoBreakingNews.com
by Jeff Cohen
A federal appeals court today overturned a contempt of court ruling against infomercial pitchman Kevin Trudeau that would have sent him to prison for 30 days.
U.S. District Judge Robert Gettleman had imposed the punishment after Trudeau had supporters flood the judge’s e-mail box with messages as the judge was presiding over a dispute between the Federal Trade Commission and Trudeau over claims Trudea made for various hair and weight loss drugs and treatments.
Gettleman had called the avalanche of e-mails an attempt to “harass, intimidate and influence” him.
In oral argument before the appeals court last month, Trudeau’s lawyer, Kimball Anderson, argued the e-mails were misguided but there had been no intent to disable Gettleman’s computers.
Gettleman’s position was argued by an appointed lawyer, Gary Feinerman, who said Trudeau had deliberately directed the e-mails, keeping the court from doing its job.
The 7th Circuit Court of Appeals opinion, written by Judge John Daniel Tiner, called Gettleman’s judicial action “an abuse of discretion.”
Direct contempt of court, such as the one issued by Gettleman, is appropriate if the conduct occurs in the presence of the judge and disrupts proceedings in open court, the appeals court said. Gettleman had contended that requirement was satisfied because he could read the messages on the court computer, but the higher court rejected that idea.
The judge and his staff had to do research to determine the e-mails were in fact coming from Trudeau, the court found, which indicated the conduct was not something Gettleman had witnessed. And there was no indication that the contempt finding was needed to restore order, the court said.
“The record in this case is devoid of any suggestion that Trudeau’s summary punishment was necessary to restore the court’s ability to resume its duties,” the opinion states.
The appeals court noted the matter may be referred to the U.S. attorney’s office for prosecution.
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Infomercial Pitchman Avoids Jail
May 20, 2010 by admin
Filed under KT In The News
May 20, 2010
CBS2Chicago.com
An appeals court in Chicago says infomercial pitchman and author Kevin Trudeau won’t have to serve a 30-day jail sentence for getting his supporters to flood a federal judge’s computer with e-mails.
The appeals court on Thursday dismissed Trudeau’s contempt of court conviction, saying an act of contempt must occur in the presence of the judge.
U.S. District Judge Robert Gettleman had found Trudeau in contempt after his computer and BlackBerry were both jammed with e-mails from Trudeau’s supporters.
The appeals court disagreed with Gettleman’s finding that Trudeau had in effect committed contempt in the presence of the judge because the computer was a part of his court.
Trudeau has been fighting a battle with the Federal Trade Commission before Gettleman.
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Spam a Judge, Go To Jail?
April 9, 2010 by admin
Filed under KT In The News
April 9, 2010
Wired
By: David Kravets
A litigant in a civil lawsuit asked an appeals court Wednesday to overturn his 30-day contempt sentence for urging people to send e-mail to a federal judge.
Lots of e-mail.
The brouhaha began in February, when TV pitchman Kevin Trudeau urged his radio and web followers to deluge U.S. District Judge Robert Gettleman with e-mail so he would side with him in a civil lawsuit pending before the Chicago judge.
The judge’s inbox was flooded with hundreds of messages, and his Blackberry froze up. He promptly found Trudeau in contempt of court and sentenced him to jail.
The 7th U.S. Circuit Court of Appeals stayed the sentence, pending a decision on appeal. A three-judge panel of the circuit court heard oral arguments in the case Wednesday, focusing on whether contempt of court can occur in a court’s “virtual presence” — meaning outside of the courthouse. A decision could come anytime in the case, which tests the reach of judicial authority in the digital age. (.pdf)
Gary Feinerman, the judge’s attorney, told the appellate court that computers are part and parcel to a judge’s courtroom.
“The court, at that point, was under attack,” Feinerman argued, according to the Chicago Sun-Times. He said U.S. Marshals are examining the messages to see if any are threatening.
Kimball Anderson, Trudeau’s lawyer, argued his client could only be sanctioned for courtroom behavior, and only if it affects the “administration of justice,” the paper reported.
