United States v. Trudeau

Trudeau “spent his career hawking miracle cures and self-improvement systems of dubious efficacy.” The FTC sued him under consumer-protection laws. Trudeau entered a consent decree, promising not to misrepresent his books in TV infomercials. Later, Trudeau published The Weight Loss Cure “They” Don’t Want You to Know About and promoted it in infomercials, as “simple” and “inexpensive,” able to be completed at home, and not requiring food restrictions or exercise. The book described a regimen mandating prescription hormone injections and severe dietary and lifestyle constraints. The court imposed a civil contempt sanction and issued an order to show cause why Trudeau should not face imprisonment of up to six months. At Trudeau’s request, the case was reassigned. The new judge issued a new show-cause order, removing the six-month cap. Trudeau was sentenced to 10 years in prison. The Seventh Circuit affirmed, rejecting an argument based on the Speedy Trial Act, 18 U.S.C. 3161. More than 70 nonexcludable days elapsed between the date the government agreed to prosecute the first show-cause order and the commencement of trial. The Act applies only to crimes punishable by more than six months’ imprisonment. Because the first show-cause order capped the potential penalty at six months, the Act did not apply. The second show-cause order removed the cap, starting the clock, but Trudeau’s trial began within 70 days from that date. The court also rejected challenges to jury instruction on “willfulness,” the sufficiency of the evidence, evidentiary rulings, and the reasonableness of his sentence. View "United States v. Trudeau" on Justia Law