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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA

v.

KEVIN TRUDEAU

No. 10 CR 886

Judge Ronald A. Guzmn

GOVERNMENTS RESPONSE TO DEFENDANT KEVIN TRUDEAUS
MOTION FOR AN ORDER TO RETURN HIS PASSPORTS
The UNITED STATES OF AMERICA files the following response to
defendant Kevin Trudeaus motion for an order to return his passports.
1. On March 17, 2014, this Court sentenced defendant Kevin Trudeau to
ten years in prison and five years of supervised release. Trudeau has filed a motion
asking this Court to enter an order directing the pretrial services office to return
Trudeaus United States and Italian passports, which Trudeau surrendered to
pretrial services as a condition of his pretrial release. The government opposes the
motion.
2. The government has contacted the pretrial services officer assigned to
Trudeau, Victor Alvarez. According to Mr. Alvarez, the policy of the pretrial services
office is that once a defendant who is on pretrial release has been convicted and
sentenced, the pretrial services office sends the defendants passport to the State
Department. Any foreign passports are sent to the Department of Homeland
Security. According to Mr. Alvarez, the pretrial services office has not yet followed
this procedure with respect to Trudeaus passport.
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3. The government has also spoken to the probation officer assigned to
this case, Sarah Kiekhafer. According to Ms. Kiekhafer, while defendants on
supervised release are not prevented from obtaining a new passport once they are
released from prison, a standard condition of supervised release is that defendants
may not travel outside the United States without permission of the district court.
Given this Courts previous findings with respect to Trudeau, it is, at best,
premature to assume that the Court will authorize Trudeau to travel outside the
United States once he begins his term of supervised release.
4. From November 2013 to March 2014, in case number 03 CV 3904,
Trudeau was incarcerated for civil contempt. After this Court imposed the criminal
sentence on Trudeau, on March 19, 2014, Judge Gettleman suspended the civil
contempt incarceration while Trudeau is serving his sentence in the criminal case.
Judge Gettleman also ordered that when Trudeau is released from BOP custody, he
is to personally report to Judge Gettleman. 03 CV 3904, Dkt. 844.

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5. When Trudeau is released from prison in approximately ten years his
current passports will be expired. Trudeau will be serving a term of supervised
release that will prevent him from traveling outside the United States without this
Courts permission, and he will be ordered to report directly to Judge Gettleman.
Like other defendants, Trudeau may apply for a new passport when he is released
from prison. There is no need for the Courts involvement now.

Respectfully submitted,

ZACHARY T. FARDON
United States Attorney

By: /s/ Marc Krickbaum
MARC KRICKBAUM
Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604

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