U.S. Loses Bid to Limit Disclosure in Dotcom Extradition

August 20, 2012

Bloomberg Business Week on August 16, 2012 released the following:

By Joe Schneider

“The U.S. lost a bid to limit the amount of information it must turn over to Megaupload.com founder Kim Dotcom, accused of orchestrating the biggest copyright infringement in the country’s history, in his fight against extradition from New Zealand.

New Zealand High Court Justice Helen Winkelmann today rejected a U.S. request to review a district court judge’s order to turn over evidence relating to Dotcom’s indictment, including all records obtained in connection with covert operations undertaken by agents involved in the investigation.

“The NZ High Court ruling in @KimDotcom case citing Bill of Rights protects Kim’s rights and the rights of all New Zealand residents,” Ira Rothken, a lawyer for Dotcom, wrote on Twitter following the ruling.

Dotcom, 38, was indicted in what U.S. prosecutors dubbed a “Mega Conspiracy,” accusing his file-sharing website of generating more than $175 million in criminal proceeds from the exchange of pirated film, music, book and software files. He faces as long as 20 years in prison for each of the racketeering and money-laundering charges in the indictment, with the U.S. seeking his extradition for a trial in Virginia.

The amount of documentation ordered to be turned over to Dotcom was unprecedented in the country or anywhere else for extradition cases, the U.S. had said.

“Disclosure in relation to extradition cases is extremely limited,” prosecutors had said, according to a summary of the arguments written by Winkelmann.

Extradition hearings are “essentially criminal in character” and the accused must be assured a fair hearing, according to New Zealand’s Bill of Rights, Winkelmann wrote.

“The more significant the rights affected, the more stringent the procedural rules designed to maintain the fairness of the process are likely to be,” the judge wrote.

The case is between United States of America and Kim Dotcom. Civ 2012-404-3026. High Court of New Zealand (Auckland).”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and New Zealand here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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New Zealand judge in Kim Dotcom extradition case steps down after jokingly calling US ‘enemy’

July 18, 2012

The Washington Post on July 18, 2012 released the following:

“By Associated Press

WELLINGTON, New Zealand — A New Zealand judge has stepped down from overseeing the extradition case of Megaupload founder Kim Dotcom after jokingly referring to the United States as “the enemy.”

The comment by Auckland District Court Judge David Harvey raised questions about his impartiality. He was discussing Internet copyright at a conference last week when he told an audience, “We have met the enemy, and he is U.S.”

Harvey’s comments referencing late cartoonist Walt Kelly were recorded and posted on the Internet.

The U.S. is attempting to extradite Dotcom on racketeering and money laundering charges that allege his file-sharing site was facilitating massive Internet piracy.

Harvey will be replaced by judge Nevin Dawson. An extradition hearing has been scheduled for March.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and New Zealand here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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US ‘the enemy’ says Dotcom judge

July 16, 2012

New Zealand Herald on July 16, 2012 released the following:

“By Hamish Fletcher

The judge due to hear Kim Dotcom’s extradition case has referred to the United States as “the enemy” in a discussion about copyright law.

District Court Judge David Harvey has heard parts of the case against the Megaupload founder, who was arrested with three colleagues in January after a request from the United States. The FBI has accused Dotcom and others working at Megaupload website of the world’s biggest case of criminal copyright violation.

Judge Harvey is not due to hear the internet mogul’s extradition case until next year but made his views on copyright known during the launch of the “Fair Deal” campaign last week.

The campaign is opposing any changes to New Zealand’s copyright laws that may form part of the Trans Pacific Partnership (TPP) agreement.

The TPP trade deal is currently being negotiated and the 13th round of talks are finishing up.

The negotiations are secret but it is known that the United States entertainment industry is pushing for stronger copyright provisions among the 11 countries in the Asia-Pacific region negotiating the deal.

When talking about how the TPP would affect copyright in New Zealand, Harvey said it could stop the practice of hacking around DVD region codes.

These codes can mean movie players in New Zealand are unable to read DVDs from other parts of the world such as the United States.

It is legal in New Zealand to use methods to get around these regional codes and make the DVDs watchable but Judge Harvey said the TPP would change this.

“Under TPP and the American Digital Millennium copyright provisions you will not be able to do that, that will be prohibited… if you do you will be a criminal – that’s what will happen. Even before the 2008 amendments it wasn’t criminalised. There are all sorts of ways this whole thing is being ramped up and if I could use Russell [Brown’s] tweet from earlier on: we have met the enemy and he is [the] U.S.”

Judge Harvey’s remark is a play on the line “we have met the enemy and he is us” by American cartoonist Walt Kelly.

The judge had used Kelly’s quip while speaking at an internet conference earlier last week and it was promoted on Twitter by Public Address journalist Russell Brown.

Judge Harvey, who has served on the bench since 1989, would not comment when asked if these statements were appropriate given his involvement in Kim Dotcom’s case.

Auckland University law professor Bill Hodge said the comments could be seen as “unhelpful”.

However, without knowing the details of the TPP discussion or related copyright issues he was unable to say whether the comments were appropriate.

“To the extent that the North Shore District Court has some jurisdiction, it can be seen as probably an extra-judicial comment that isn’t helpful.

“But on the other hand, it was part of a quasi-academic conference discussing developing areas of law. I think judges should be free to make comments, as long as it doesn’t appear to show any predetermination with respect to the specific case in the court before them.”

Crown Law, which is representing the FBI in the extradition case, would not comment on the issue.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and New Zealand here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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Kim Dotcom: I’ll extradite myself to US if they give my money back

July 12, 2012

The Guardian on July 10, 2012 released the following:

“Megaupload founder fighting extradition from New Zealand says he is determined to beat American authorities at their ‘foul game’

Toby Manhire in Auckland

From a semi-rural suburb north of Auckland, Kim Dotcom is mounting an increasingly belligerent counter-offensive against US authorities’ efforts to prosecute him over his now defunct Megaupload file storage site.

In an interview with the Guardian, Dotcom, who remains on bail in Coatesville, New Zealand, awaiting an extradition hearing, declared himself to be in “fighting mood” and eager to refute a “case built on malicious conduct”.

The charges against him, he said, were part of a “foul game” on the part of the US government, and that funds permitting, “I am going to war.”

Dotcom is being sought by the US to face criminal copyright charges related to the MegaUpload file storage site, which at its peak amounted for an estimated 4% of all internet traffic.

Prosecutors allege he and his co-accused associates were complicit in and encouraged the distribution of copyright-protected films, music and other material.

The German-born New Zealand resident’s remarks, in an email interview with the Guardian, follow Tuesday’s announcement that his extradition hearing, scheduled to begin in less than a month, has been put back until April next year.

On Wednesday morning Dotcom laid down the gauntlet to the US department of justice, offering to travel to the US under his own steam and faces charges – with conditions. “Hey DOJ,” Dotcom said on his Twitter account, “we will go to the US. No need for extradition. We want bail, funds unfrozen for lawyers and living expenses.”

He told the Guardian that the offer was genuine but he was not holding his breath. “Considering the way the US government has conducted their case and the way I was treated, I never expect to get a fair trial in the United States,” he said.

“We are not expecting to hear back regarding the offer and I remain committed to fighting extradition in New Zealand.”

Dotcom has 22 lawyers working on his case in different countries. He says he faces a mounting legal bill, exacerbated by the rescheduled extradition hearing.

The delay was made inevitable by the need to first resolve a clutter of outstanding legal disputes. The Auckland high court ruled last month that the January raid on Dotcom’s mansion was conducted illegally, that evidence has been wrongly withheld from his legal team, and that the FBI had inappropriately cloned hard drives and taken them from the country.

An earlier district court instruction for the FBI to provide copies of cloned drives to Dotcom’s lawyers is expected to be appealed, and other decisions may also be taken to higher courts.

Those who interpreted the postponement as a victory for Dotcom were mistaken, he told the Guardian. “People might think it’s good news. But it’s not. Justice delayed is justice denied. And that’s the foul game the US government is playing. They have terminated my business without a trial. They have frozen my assets without a hearing.

“They are appealing the decision of a New Zealand judge who has ordered the US government to provide evidence before the extradition hearing starts.”

US authorities had dragged other countries into a vendetta driven by special interests, he said. “They have been misleading the Hong Kong and New Zealand government to destroy a legitimate business and 220 jobs by telling them stories about child pornography and terrorist propaganda on Megaupload,” he said.

“This whole case is built on malicious conduct. It is a stillborn case and everyone can see it. I am in a fighting mood and if I get my assets unlocked or somehow find funding to defend myself I am going to war.”

The Megaupload founder last week alleged that the pursuit of Dotcom was directly ordered by the US vice-president, Joe Biden, at the behest of Hollywood studio executives – a claim the Motion Picture Association of America has rejected.

Next in Dotcom’s sights is Biden’s boss, in a rather more colourful medium. Dotcom, who has been recording an album with the help of Black Eyed Peas producer Printz Board at studios belonging to Crowded House’s Neil Finn, is expected to release a new song and video this week pointing the finger directly at Barack Obama. The song reportedly includes the lyrics “”We must oppose / those who chose / to turn innovation into crime”.

The track, Dotcom wrote in an email to the Guardian, would mark “the birth of a powerful movement and CHANGE””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and New Zealand here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email: