CHICAGO (CBS) — He wouldn’t talk, so it’s back to jail for TV pitchman Kevin Trudeau for refusing to reveal where he’s hidden millions in ill-gotten gains.

Trudeau –who made mega millions hawking dubious weight-loss diets is heading to the federal jail in the South Loop, but not until Tuesday.

CBS 2’s Jay Levine reports Judge Bob Gettleman is allowing Trudeau to attend a defense fund dinner in his name Monday night in Washington.

The source of Trudeau’s legal trouble? A ruling two years ago that he pay customers back $36 million.

The federal trade commission saying Trudeau’s diet book was a fraud. Trudeau never paid a dime, saying he was broke.

But evidence shows he’s been spending wildly, with $12,000 cuff links, $100,000 gold bars and offshore accounts.

Tonight, Trudeau is simply happy he won’t be sleeping at the Metropolitan Correctional Center.

“I’m just happy not to be incarcerated obviously,” said Trudeau. “I wish I could comment but I can’t because the case is still going on and still pending.”

“We are obviously pleased that the court elected to proceed with coercive incarceration because as the FTC has made clear in its papers we believe that that is the only approach to consumer remediation that is likely to work,” said FTC lawyer Nathan Cohen.

“My father bought his books and he was really hoping that they would help him but just doesn’t seem to work,” said Jerry Chernin.

The jail time is indefinite, with the judge saying Trudeau can be free the minute he tells the court where he’s hidden his fortune.