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CIRCUIT RULE 26.1 DISCLOSURE STATEMENT

Appellate Court No: 

Short Caption: 

 To enable the judges to determine whether recusal is necessary or appropriate, an attorney for a non-governmental party or

amicus curiae, or a private attorney representing a government party, must furnish a disclosure statement providing the

following information in compliance with Circuit Rule 26.1 and Fed. R. App. P. 26.1. 

The Court prefers that the disclosure statement be filed immediately following docketing; but, the disclosure statement must

be filed within 21 days of docketing or upon the filing of a motion, response, petition, or answer in this court, whichever occurs

first. Attorneys are required to file an amended statement to reflect any material changes in the required information. The text

of the statement must also be included in front of the table of contents of the party's main brief. Counsel is required to

complete the entire statement and to use N/A for any information that is not applicable if this form is used.

 [ ] PLEASE CHECK HERE IF ANY INFORMATION ON THIS FORM IS NEW OR REVISED 

 AND INDICATE WHICH INFORMATION IS NEW OR REVISED. 

(1) The full name of every party that the attorney represents in the case (if the party is a corporation, you must provide the

corporate disclosure information required by Fed. R. App. P 26.1 by completing item #3):

 

 

 

(2) The names of all law firms whose partners or associates have appeared for the party in the case (including proceedings

in the district court or before an administrative agency) or are expected to appear for the party in this court:

 

 

 

(3) If the party or amicus is a corporation:

i) Identify all its parent corporations, if any; and

 

ii) list any publicly held company that owns 10% or more of the party’s or amicus’ stock:

 

Attorney's Signature: Date: 

Attorney's Printed Name: 

Please indicate if you are Counsel of Record for the above listed parties pursuant to Circuit Rule 3(d). Yes No 

Address: 

 

Phone Number: Fax Number: 

E-Mail Address: 

rev. 01/08 AK

Case: 13-1747 Document: 5 Filed: 04/11/2013 Pages: 2

13-1747

FTC v. Kevin Trudeau

GIN USA Inc.

KT Radio Network Inc.

WebSite Solutions USA Inc.

Faruki Ireland & Cox P.L.L.

Global Information Network Fdn, APC Trading Limited, NBT Trading Limited, respectively

N/A

s/ Daniel J. Donnellon April 11, 2013

Daniel J. Donnellon

201 East Fifth Street, Suite 1420

Cincinnati, Ohio 45202

513-632-0308 513-632-0319

ddonnellon@ficlaw.com

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CERTIFICATE OF SERVICE

I hereby certify that on the 11th day of April, 2013, I electronically filed the 

foregoing Disclosure Statement with the Clerk of Court for the United States Court of Appeals 

for the Seventh Circuit by using the CM/ECF system. I further certify that I served true copies 

of the foregoing with the following attorneys of record by electronic mail:: 

David Sieradzki 

John F. Daly 

Jonathan Cohen 

Michael Mora 

Federal Trade Commission 

600 Pennsylvania Ave., NW M-8102B 

Washington, DC 20580 

David A. O'Toole 

Federal Trade Commission 

55 W. Monroe St., Suite 1825 

Chicago, IL 60603 

Attorneys for Plaintiff 

/s/ Daniel J. Donnellon 

Daniel J. Donnellon 

Case: 13-1747 Document: 5 Filed: 04/11/2013 Pages: 2

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1

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

vs.

KEVIN TRUDEAU,

Defendant.

)

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No. 03 C 3904

Chicago, Illinois

July 23, 2008

10:00 a.m.

TRANSCRIPT OF PROCEEDINGS - HEARING

BEFORE THE HONORABLE ROBERT W. GETTLEMAN

APPEARANCES:

For the Plaintiff: FEDERAL TRADE COMMISSION

600 Pennsylvania Avenue, NW

NJ-3212

Washington, DC 20580

BY: MS. LAUREEN KAPIN

MS. SANDYA PRABHU

MS. ELIZABETH TUCCI

For the Defendant: JENNER & BLOCK

One IBM Plaza

Chicago, Illinois 60611

BY: MR. DAVID J. BRADFORD

MR. DANIEL J. HURTADO

Official Reporter: JENNIFER S. COSTALES, CRR, RMR

219 South Dearborn Street

Room 1706

Chicago, Illinois 60604

(312) 427-5351

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Lane - direct 98

attention as we've seen in some of these letters, then it could

be admissible for that limited purpose.

But to have it offered to show that there are or are not

positive or negative comments, I will not admit it for that

purpose. So I'm sustaining the objection.

MR. HURTADO: Again, there is no point in putting on our

witness then.

THE COURT: Well, right, there is no point in examining

a witness as to the accuracy of his collation of comments that I

don't give any weight to.

MR. HURTADO: Thank you.

THE COURT: Okay. Is your witness here now?

MR. BRADFORD: Yes, he is, Your Honor.

THE COURT: All right.

MR. BRADFORD: At this time we call Marc Lane to the

stand.

THE COURT: Please raise your right hand.

(Witness duly sworn.)

MARC J. LANE, DEFENDANT'S WITNESS, SWORN

DIRECT EXAMINATION

BY MR. HURTADO:

Q. Good afternoon, Mr. Lane.

A. Good afternoon.

Q. Could you state your full name for the record, please?

A. Marc J. Lane.

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Lane - direct 99

Q. And what is your occupation?

A. I'm an attorney.

Q. And where do you practice?

A. In Chicago.

Q. What type of law do you practice?

A. Business and tax.

Q. And do you -- so you do tax preparation and tax advice?

A. I do.

Q. Do you know Kevin Trudeau?

A. I do.

Q. And how do you know him?

A. He's a client.

Q. And how long has he been a client?

A. In excess of five years.

Q. And what types of services have you provided for Mr. Trudeau

or his affiliated companies?

A. Business, tax, and financial planning.

Q. All right. I'd like to now turn your attention, and I know

you just got in the courtroom, you're probably not too oriented,

there are some exhibit books near you.

A. Yes.

Q. And we're looking for Defendant's Exhibit PPP as in Paul.

Let me know when you have that in front of you.

A. I don't see it.

Q. There is two volumes, sorry.

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Lane - direct 100

MS. TUCCI: Your Honor, we do object to this exhibit,

which there has been no foundation. In fact, there is evidence

there is a lack of foundation for personal knowledge by Mr. Lane.

THE COURT: Well, let him identify it. They haven't

offered it yet.

MR. HURTADO: Well, the purpose of this testimony is to

authenticate the document, to authenticate the exhibit.

BY THE WITNESS:

A. Mr. Hurtado, I'm having some difficulty locating the exhibit.

MR. HURTADO: May I approach, Judge?

THE COURT: Sure.

MR. HURTADO: Thanks.

MR. BRADFORD: I have an extra copy if that might be

useful.

MR. HURTADO: That may be more efficient.

THE WITNESS: Thank you very much.

BY MR. HURTADO:

Q. Mr. Lane, are you familiar with what has been marked as

Defendant's Exhibit PPP?

A. Yes, I am.

Q. And what is it?

A. This is a consolidated balance sheet for Mr. Kevin Trudeau

and his affiliated entities as of December 31, 2007.

Q. Okay. And did you prepare this summary?

A. I did along with members of my staff.

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Lane - direct 101

Q. Okay. And what is the information in this balance sheet

based on?

A. It's based upon the financial records of Mr. Trudeau and his

companies that are prepared in the ordinary course of their

respective businesses.

THE COURT: By whom?

THE WITNESS: I'm sorry?

THE COURT: By whom?

THE WITNESS: By Mr. Trudeau's employees.

BY MR. HURTADO:

Q. All right. Now, what is it that this balance sheet purports

to show?

A. This shows the assets, liabilities, and net worth of

Mr. Trudeau and his affiliated enterprises as of 12/31/07.

Q. And for those of us who might not know exactly what a balance

sheet is, can you explain this balance sheet?

THE COURT: I know what a balance sheet is.

MR. HURTADO: Okay.

BY MR. HURTADO:

Q. And is it correct that this consolidated balance sheet is --

THE COURT: Is there an objection?

MR. HURTADO: I'm sorry.

MS. TUCCI: Yes, Your Honor. I'd like to object on two

grounds. One is the foundation has not been laid. There has

been no business record foundation for the records that were

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Lane - direct 102

simply provided to him for something that he prepared for purpose

of litigation. Also, Mr. Trudeau's financial condition is

irrelevant to the contempt remedy.

THE COURT: It may not be, it may not be irrelevant to

the type of remedy that is imposed, if there is a remedy imposed.

And I will take this as an offer of proof. We can then test, you

can test what he relied on.

But if he did -- you know, this is not like an audited

statement. If this gentleman is relying on information provided

by Mr. Trudeau or his employees, the weight to be given it will

obviously be taken into account, that will be taken into account

in assessing any weight given to the document.

But go ahead and make it as an offer of proof.

BY MR. HURTADO:

Q. All right. Is this consolidated balance sheet something you

would call a compilation, Mr. Lane?

A. Yes, it is.

Q. What is meant by a compilation?

A. A compilation assembles financial data provided by management

of a company and recasts that data in a way that is intended for

the use by specific persons who will rely upon it.

Q. And despite the fact that this is not based, it is not an

audited statement and is not based on audited financial

information, is it something in your experience that is used by

businesses?

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Lane - direct 103

A. Yes.

Q. Have you prepared tax returns for Mr. Trudeau and his

affiliated entities?

A. Yes, we have.

Q. And are the financial records and information upon which this

consolidated balance sheet is based the type of information that

you would rely on to prepare the company's tax returns?

A. This would actually be the very same information.

Q. Do you have any reason to conclude that the information that

was provided to you to prepare this consolidated balance sheet is

false?

A. No, I do not have.

Q. The statement here is as of December 31st, 2007, is that

correct?

A. Yes.

Q. Do you have a sense of whether Mr. Trudeau's financial

position has changed subsequent to December 31st, 2007?

A. Yes, I do.

Q. And what is that sense?

A. I believe that his financial condition has deteriorated in

the interim.

Q. And what basis do you have for that?

A. Primarily because his company Alliance Publishing Group,

which is the primary driver of revenue, has had a significant

diminution in revenue and consequently profitability.

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Lane - direct 104

And in addition to that, in the intervening months,

Mr. Trudeau and his entities have been subject to audits by the

Internal Revenue Service, which I believe are likely to result in

adverse findings.

Q. Are you involved with any of those audits?

A. Yes. We're representing Mr. Trudeau and his entities in

connection with those audits.

Q. And what is the status of your account with Mr. Trudeau?

A. We are due substantial moneys.

MR. HURTADO: Okay. That's all I have. Thank you.

MS. KAPIN: May I have one moment, Your Honor?

(Discussion off the record.)

MR. HURTADO: Your Honor, could I have permission to ask

a couple more questions?

THE COURT: Sure.

You shouldn't have done that.

MS. KAPIN: It's my fault, Your Honor.

THE COURT: You let him reload.

Okay. Go ahead.

MR. HURTADO: I'm sorry. Well, Your Honor, I got a

little bit derailed when you said understood what a consolidated

balance sheet is.

THE COURT: I was an accounting major, I confess.

MR. HURTADO: But I just wanted to have Mr. Lane explain

what the bottom line here is so to speak.

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Lane - direct 105

BY MR. HURTADO:

Q. Mr. Lane, this balance sheet reflects the net equity on the

part of Mr. Trudeau and his affiliated companies?

A. Yes, it does.

Q. And what does it reflect?

A. It shows a negative net worth of about 9 and a half million

dollars, subject to the disclaimers and footnotes appearing on

the statement and in the accompanying letter of transmittal.

Q. And is it the case here, you said there were some footnotes

which delineate some liabilities as well as assets that are not

included in the main presentation, is that right?

A. Yes, that's correct.

Q. Why is that the case?

A. In the interest of a fair presentation, it was determined

that certain assets should not be reflected and certain

corresponding liabilities should not be reflected, primarily on

grounds of quality of the assets and the likelihood of

collectability of the assets.

Q. For example, there is in footnote 3, you note a note dated

June 16th, 2006 with a balance of 117 million and some odd

dollars owing to Mr. Trudeau, is that correct?

A. Yes.

Q. Why is that not included in the main presentation?

A. The note is seriously delinquent. Consequently, in the

interest of a fair presentation, we thought it appropriate to

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Lane - direct 106

bring it down to a footnote rather than allowing an inference to

be drawn that that was an asset at par as it might be regarded if

it were in the presentation proper.

Q. Okay. Thank you, Mr. Lane.

A. You're welcome.

THE COURT: Wait. So you made a determination that ITV

because it's delinquent would not be able to pay the moneys that

it owed?

THE WITNESS: We did not make such a determination.

Mr. Trudeau asked that in his judgment this was, since this is

not current, and it's substantially delinquent, there is a

question as to its collectability. So we wanted to flag that

separately.

THE COURT: So this is based on information you got from

Mr. Trudeau, not independently reviewed?

THE WITNESS: I do, in fact, have independent knowledge

of this as well, Your Honor.

THE COURT: And what is that?

THE WITNESS: ITV is insolvent in the technical sense,

that is, they're unable to pay their bills as they become due.

THE COURT: Are they a client of yours?

THE WITNESS: They are indeed.

THE COURT: What is Mr. Trudeau's connection to ITV?

THE WITNESS: Mr. Trudeau sold certain assets or

Mr. Trudeau's company sold certain assets to ITV. So he is a

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Lane - cross 107

creditor.

THE COURT: I'm sorry?

THE WITNESS: He's a creditor.

THE COURT: He's a creditor. But not an owner?

THE WITNESS: He's not an owner.

THE COURT: Go ahead.

MS. TUCCI: Thank you, Your Honor.

CROSS-EXAMINATION

BY MS. TUCCI:

Q. Good afternoon, Mr. Lane. I'm sorry we didn't have a chance

to meet, but I'm Elizabeth Tucci from the Federal Trade

Commission.

A. Good afternoon.

Q. I would like to talk again about this same Exhibit PPP. And

this is actually a corrected version of the one that you

originally supplied with your declaration, is that correct?

A. Yes.

Q. All right. So when I refer to the consolidated balance sheet

regarding Mr. Trudeau, I'm referring to the figures you provided

in Exhibit PPP.

Now, it's correct to say that this document purports to

show the balance sheet for Mr. Trudeau and his affiliated

entities of December '07?

A. Yes.

Q. All right. And you testified in your deposition that you

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Lane - cross 108

prepared this balance sheet for the sole purpose of litigation,

of this litigation?

A. Yes, that's correct.

Q. And so you prepared it for the Court, is that correct?

A. Did I prepare it for the Court? I'm not sure of the import

of that question. It was prepared --

Q. Did you prepare it for the purpose of assisting the Court in

this proceeding?

A. It was requested by Mr. Trudeau and his litigation counsel.

Beyond that, I don't know if I can opine.

Q. You don't recall ever having prepared a balance sheet for

Mr. Trudeau in the past, do you?

A. I do not.

Q. And you don't recall ever having prepared a balance sheet for

Mr. Trudeau's affiliated entities in the past?

A. I don't have any immediate recollection, although it is not

impossible that we have done so.

Q. Mr. Lane, you did give a deposition in this case just a

couple weeks ago, is that correct?

A. Yes.

Q. And you took an oath, and you swore to tell truth, is that

right?

A. Yes.

Q. And you did tell the truth.

MS. TUCCI: Counsel, I'm on page 34 of the transcript

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Page 1 

Search: Public Records : Judgments & Liens

Terms: terms(debtor(Kevin w/2 Trudeau))

 No. Debtor Address Filing Creditor 

1. TRUDEAU, KEVIN 

M

LexID(sm):0020396

80331 

601 DEL ORO DR 

OJAI, CA 

93023-1806 

VENTURA COUNTY

Filing Date:11/16/2009 

Amount:$90,587

Certificate Number:596881309 

FEDERAL TAX LIEN RELEASE 

 Filing Number:20100514000727620 

 Filing Date:11/16/2009 

 Filing Office:VENTURA COUNTY 

COURT (RD), CA 

FEDERAL TAX LIEN 

 Filing Number:2009111600186059 

 Filing Date:11/16/2009 

 Filing Office:VENTURA COUNTY 

COURT (RD), CA 

INTERNAL 

REVENUE

SERVICE

2. TRUDEAU, KEVIN 

M

LexID(sm):0020396

80331 

601 DEL ORO DR 

OJAI, CA 

93023-1806 

VENTURA COUNTY

Filing Date:4/24/2009 

Amount:$27,248

Certificate Number:09108437644 

STATE TAX LIEN RELEASE 

 Filing Number:20091002001635980 

 Filing Date:4/24/2009 

 Filing Office:VENTURA COUNTY 

COURT (RD), CA 

STATE TAX LIEN 

 Filing Number:20090424000656810 

 Filing Date:4/24/2009 

 Filing Office:VENTURA COUNTY 

COURT (RD), CA 

STATE OF 

CALIFORNIA

3. TRUDEAU, KEVIN 

M

LexID(sm):0020396

80331 

601 DEL ORO DR 

OJAI, CA 

93023-1806 

VENTURA COUNTY

Filing Date:7/19/2005 

Amount:$2,838,429 

FEDERAL TAX LIEN RELEASE 

 Filing Number:20070404000707170 

 Filing Date:7/19/2005 

 Filing Office:VENTURA COUNTY 

COURT (RD), CA 

INTERNAL 

REVENUE

SERVICE

4. TRUDEAU, KEVIN 

M

LexID(sm):0020396

80331 

601 DEL ORO DR 

OJAI, CA 

93023-1806 

VENTURA COUNTY

Filing Date:7/19/2005 

Amount:$2,838,429 

FEDERAL TAX LIEN 

 Filing Number:200507190176300 

 Filing Date:7/19/2005 

 Filing Office:VENTURA COUNTY 

COURT (RD), CA 

IRS

5. TRUDEAU, KEVIN 

M

LexID(sm):0020396

80331 

601 DEL ORO DR 

OJAI, CA 

93023-1806 

VENTURA COUNTY

Filing Date:3/15/2005 

Amount:$1,096,943 

FEDERAL TAX LIEN RELEASE 

 Filing Number:200603150055113 

 Filing Date:3/15/2005 

 Filing Office:VENTURA COUNTY 

COURT (RD), CA 

IRS

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Page 2 

 No. Debtor Address Filing Creditor 

FEDERAL TAX LIEN 

 Filing Number:200503150063900 

 Filing Date:3/15/2005 

 Filing Office:VENTURA COUNTY 

COURT (RD), CA 

6. TRUDEAU, KEVIN 

M

LexID(sm):0020396

80331 

601 DEL ORO DR 

OJAI, CA 

93023-1806 

VENTURA COUNTY

Filing Date:11/19/2003 

Amount:$18,282

STATE TAX LIEN RELEASE 

 Filing Number:200402050028485 

 Filing Date:11/19/2003 

 Filing Office:VENTURA COUNTY 

COURT (RD), CA 

STATE OF 

CALIFORNIA

7. TRUDEAU, KEVIN 

M

LexID(sm):0020396

80331 

601 DEL ORO DR 

OJAI, CA 

93023-1806 

VENTURA COUNTY

Filing Date:11/19/2003 

Amount:$18,282

STATE TAX LIEN 

 Filing Number:200311190440596 

 Filing Date:11/19/2003 

 Filing Office:VENTURA COUNTY 

COURT (RD), CA 

STATE TAX LIEN RELEASE 

 Filing Number:0402050028485 

 Filing Date:11/19/2003 

 Filing Office:VENTURA COUNTY 

COURT (RD), CA 

STATE OF 

CALIFORNIA

8. TRUDEAU, KEVIN 

M

LexID(sm):0020396

80331 

104 CHESTNUT ST 

# 330 

HINSDALE, IL 

60521-3387 

DUPAGE COUNTY 

Filing Date:10/27/2003 

Amount:$2,088,092 

Certificate Number:360312692 

FEDERAL TAX LIEN RELEASE 

 Filing Number:R2005269851 

 Filing Date:10/27/2003 

 Filing Office:DU PAGE RECORDER OF 

DEEDS, IL 

FEDERAL TAX LIEN 

 Filing Number:R2003411014 

 Filing Date:10/27/2003 

 Filing Office:DU PAGE RECORDER OF 

DEEDS, IL 

INTERNAL 

REVENUE

SERVICE

IRS

TRUDEAU, KEVIN 

M

LexID(sm):0020396

80331 

104 CHESTNUT ST 

# 330 

HINSDALE, IL 

60521-3387 

DUPAGE COUNTY 

9. TRUDEAU, KEVIN 

M

LexID(sm):0020396

80331 

103 CHESTNUT ST 

# 330 

HINSDALE, IL 

60521-3301 

DUPAGE COUNTY 

Filing Date:1/23/2003 

Amount:$2,088,092 

FEDERAL TAX LIEN 

 Filing Number:2003K011863 

 Filing Date:1/23/2003 

 Filing Office:KANE RECORDER OF 

DEEDS, IL 

IRS

3;$DW

Case: 1:03-cv-03904 Document #: 626-3 Filed: 04/15/13 Page 41 of 42 PageID #:9073
Page 3 

 No. Debtor Address Filing Creditor 

10. TRUDEAU, KEVIN 

M

LexID(sm):0020396

80331 

104 CHESTNUT ST 

HINSDALE, IL 

60521-3387 

DUPAGE COUNTY 

Amount:$2,088,092.81 

FEDERAL TAX LIEN 

 Filing Number:03411014 

 Filing Date:10/27/2003 

 Filing Office:IL 

11. TRUDEAU, KEVIN 

M

LexID(sm):0020396

80331 

104 CHESTNUT ST 

APT 330 

HINSDALE, IL 

60521-3387 

DUPAGE COUNTY 

Amount:$2,088,092.81 

FEDERAL TAX LIEN 

 Filing Number:03K011863 

 Filing Date:1/23/2003 

 Filing Office:IL 

Search: Public Records : Judgments & Liens 

Terms: terms(debtor(Kevin w/2 Trudeau)) 

Date/Time: Monday, October 08, 2012 4:12 PM 

Permissible Use: DPPA - Government Agency

GLBA - Fraud Prevention or Detection

Copyright © 2012 LexisNexis, a division of Reed Elsevier Inc. All Rights Reserved.

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Case: 1:03-cv-03904 Document #: 626-3 Filed: 04/15/13 Page 42 of 42 PageID #:9074