On September 13, 2007, a Colorado judge denied a prosecutor's request for bail to be set at $50 million and instead set bail for Hsu at $5 million. The prosecutor reported Hsu to have a checkbook listing a balance of $6 million at the time of his capture in Grand Junction. The presiding judge remarked, "$2 million wasn't enough to keep Mr. Hsu from running. We'll see if $5 million will do it."
On January 4, 2008, Hsu was sentenced to jail for 3 years by California Superior Court Judge Stephen Hall for the original fraud conviction, now 16 years old. Judge Hall rejected Hsu's argument that his right to a speedy trial was denied by authorities who could have easily found and arrested him.