Megaupload extradition case delayed until March 2013

July 10, 2012

BBC on July 10, 2012 released the following:

A decision on whether Megaupload employees should be extradited to the US on copyright and fraud charges has been delayed until 2013.

A New Zealand judge has postponed next month’s hearing to allow more time to resolve legal arguments.

It follows earlier rulings regarding the rights of the accused and the legality of a raid on the file-sharing site creator Kim Dotcom’s mansion.

The US is set to appeal against both decisions.

The case has been rescheduled provisionally for 25 March.

Lost earnings

Mr Dotcom has been accused of copyright theft, money laundering and racketeering fraud and faces a jail sentence of up to 20 years if convicted in the US.

Prosecutors allege that pirated movies and other content shared through his site cost copyright holders more than $500m (£322m) in lost earnings, making it one of the biggest cases of its kind.

They claim Megaupload’s staff paid users “whom they specifically knew uploaded infringing content”, potentially encouraging the practice.

The US Department of Justice alleges the firm made about $175m from advertising and membership fees as a result of its activities.

Mr Dotcom’s lawyers deny the charges saying the site simply offered an online storage service and that the majority of its traffic was “legitimate”.

‘One-sided’

The US filed a formal request for the extradition of Mr Dotcom and three of his associates in March but has faced a series of setbacks in New Zealand’s courts.

In May a judge said the US should share the evidence it had gathered from its seizure of Megaupload’s computer equipment before the extradition hearing to prevent it from becoming a “one-sided” affair.

In June another judge ruled that the search warrants used to raid Mr Dotcom’s home had been invalid because they had failed to “adequately describe” the offences being investigated.

Mr Dotcom is currently under house arrest at his Auckland home. He has been tweeting his thoughts since a ban preventing him using the internet was lifted in April.

“Dirty delay tactics by the US,” he wrote after learning of the latest development.

“They destroyed my business. Took all my assets. Time does the rest.””

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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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Extradition hearing today for mother of Hollywood arson suspect

May 17, 2012

Daily News Los Angeles on May 17, 2012 released the following:

“By Fred Shuster City News Service

LOS ANGELES – The mother of a man suspected of setting dozens of fires in Hollywood, West Hollywood and the San Fernando Valley over New Year’s weekend will face an extradition hearing today. | POLICE NEWS

Dorothee Burkhart, 53, is fighting extradition to her native Germany, where she is wanted on a host of fraud charges.

Attorneys for both sides are expected to argue before U.S. Magistrate Judge Charles F. Eick, who rejected a request to free Burkhart on bail pending today’s proceedings.

The woman has described herself as the sole link between her “mentally ill” son, Harry, and “the outside world.” Her 24-year-old son faces trial on dozens of arson-related charges stemming from the series of fires that terrorized Los Angeles over four nights at the start of the year.

“I was the person who was the bridge between the outside world and the inside of his brain,” Burkhart said at a previous hearing.

Her arrest pending extradition is thought to have sparked the arson rampage allegedly committed by her distraught son, her only child.

An attorney for Harry Burkhart asked Eick in court papers last week to temporarily suspend the extradition proceedings on the grounds that the mother is a key witness in her son’s case.

Dorothee Burkhart is accused in Frankfurt of subletting apartments that she did not own, failing to pay rent and security deposits on other locations, and defrauding a cosmetic surgeon out of about $10,000 for breast augmentation surgery for which she never paid, according to court papers.

The extradition process can take upward of a year, federal prosecutors said. It took about four months to extradite former TV producer Bruce Beresford- Redman to Mexico to face charges for the killing of his wife — an unusually short amount of time because Beresford-Redman decided not to appeal the judge’s extradition order.

Harry Burkhart faces 100 felony charges related to 49 blazes set between Dec. 30 and Jan. 2. Most of the fires began in automobiles but usually spread to homes in Hollywood, West Hollywood, Sherman Oaks and surrounding areas.

His bail has been set at $7.5 million. A trial date has not been set.”

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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 Germany 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: mcnabb.mcnabbassociates

           Office Locations

Email: