{alltv} No jail, contempt for TV pitchman Trudeau

NEW YORK (Reuters) – A federal appeals court in Chicago threw out a 30-day jail sentence and criminal contempt citation for a television pitchman who incited fans to flood a federal judge with email testimonials.

The U.S. Seventh Circuit Court of Appeals found that U.S. District Judge Robert Gettleman overstepped his authority in punishing Kevin Trudeau, after receiving more than 300 e-mails in 36 hours, including some with threatening overtones.

Thursday's appellate decision leaves open the possibility that Trudeau could still face criminal contempt proceedings if Gettleman refers the case to federal prosecutors.

It leaves intact a civil contempt citation that Gettleman imposed against Trudeau for violating terms of a 2004 Federal Trade Commission settlement with his book, "The Weight Loss Cure 'They' Don't Want You to Know About."

The appeals court last August upheld that citation, saying Trudeau repeatedly distorted the weight-loss program's content in infomercials. But it threw out a $37.6 million fine and three-year infomercial ban and ordered Gettleman to impose a new penalty.

Trudeau has long battled federal regulators over his marketing of "cures" for such things as AIDS, hair loss, memory loss, obesity and financial distress. He remained free pending his appeal, and has appeared on infomercials in recent months.

Kimball Anderson, a lawyer for Trudeau, did not immediately return a call seeking a comment.

THREATENING EMAILS

Writing for the appeals court on Thursday, Judge John Tinder found that Gettleman erred in concluding on February 17 that criminal contempt had occurred in his presence.

Tinder said Gettleman did not actually witness contemptuous conduct and had to do research to learn how his email address was located. (The address was at the time listed on the website of Northwestern University's law school, where the judge is an adjunct professor.)

Tinder also faulted Gettleman for putting Trudeau "in something of a bind" by asking about his role in the emails, showing the judge expected Trudeau to incriminate himself.

"Because the conduct occurred outside the judge's presence and, rather than being forced to stop proceedings by Trudeau's behavior, the judge had to actually convene proceedings in order to get Trudeau before the court, summary contempt should never have been an option here," Tinder wrote.

While most of the emails to Gettleman were polite, one said "may god touch you today," and another said "you have sold your souls for power and wealth, and eternal spiritual destruction awaits those who condemn the righteous."

The FTC and federal prosecutors took no official position on the criminal contempt judgment, Tinder wrote.

The case is Federal Trade Commission v. Trudeau, U.S. Seventh Circuit Court of Appeals, No. 10-1383.