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Appellant Appeals Court to Turn Over Sentence

U.S-based Kevin Trudeau, a plaintiff in a legal suit of civil nature appealed in court on April 7, 2010, to turn over the 30-day sentence against him since he persuaded people to dispatch spam e-mails to certain judge of a federal court.

Earlier, Trudeau, a TV pitchman, urged his radio as well as online followers to flood Robert Gettleman, a Chicago (U.S) District Judge with e-mails so that Gettleman would favor Trudeau during a civil prosecution scheduled at some later date. Judge Gettleman was acting as president of a civil suit that the Federal Trade Commission filed against Trudeau.

In the post on a personal website, Trudeau wrote that he wanted his followers' voice. He urged them to write an e-mail to the judge at a given address, telling him the manner in which Trudeau helped them make their living better.

Following this appeal, hundreds of e-mails inundated Gettleman's inbox. Angry, the judge ensured that a charge of contempt was made against Kevin since his action meant an attack on the court. Gettleman allowed Trudeau a 3-hour period by which he had to appear in the court. Thereafter, the judge found Trudeau, a criminal, performing "contempt of court" as he launched the e-mail assault. Gettleman finally sentenced Trudeau to a 30-day imprisonment.

Reportedly, on April 8, 2010, judges of the appellate court questioned if Gettleman went beyond his limits because of the sentence he issued against Trudeau for mischievously causing the judge's Blackberry to shutdown and his mailbox becoming blocked.

But, during arguments, Kimball Anderson, lawyer for Trudeau said in front of the 7th U.S. Circuit Court of Appeals that even when an e-mail attack threatens the president, the individual charged with executing it receives a hearing along with other processes that are legally due, as per the news published by Chicago Sun-Times on April 8, 2010.

However, as for the current case, Gettleman sentenced Trudeau within the purview of his own authority. Anderson commented that nowhere is it said that judges enjoyed greater authority than the United States president.

The Seventh U.S Circuit Court of Appeals stalled the sentence, awaiting a verdict over the appeal.

Related article: Appalling Rise in malware During 2006

ยป SPAMfighter News - 20-04-2010

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