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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. Guzmán

GOVERNMENT’S RESPONSE TO DEFENDANT KEVIN TRUDEAU’S MOTION FOR AN ORDER TO RETURN HIS PASSPORTS

The UNITED STATES OF AMERICA files the following response to

defendant Kevin Trudeau’s 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

Trudeau’s 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 defendant’s 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 Trudeau’s 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 Court’s 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

Court’s 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 Court’s 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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