“Dotcom’s NZ extradition hearing cancelled”

June 10, 2013

Herald Sun on June 10, 2013 released the following:

AAP

“THE hearing to decide if internet piracy accused Kim Dotcom will be extradited to the United States has been postponed from August until at least November, and may not be until April next year.

That means the extradition hearing could be held more than two years after Dotcom was arrested after the Hollywood-style police raid on his mansion north of Auckland.

A spokeswoman for North Shore District Court told AAP Dotcom’s August date had been vacated and was now scheduled to start on November 21.

A back-up date of April 14 has also been set aside if further delays develop.

The hearing – which has now been delayed several times – is expected to take several weeks.

Dotcom and his co-accused were arrested in January, 2012, and an extradition hearing was meant to be held the next month.

However, after it was revealed police botched the raid’s search warrant and New Zealand’s spy agency the GCSB illegally spied on Dotcom, a German who had become resident in New Zealand, the case has become mired in delays and court action over evidence and charges.

The US is trying to extradite Dotcom, Finn Batato, Bram van der Kolk and Mathias Ortmann over allegations their Megaupload website netted more than $US175 million ($A184 million) in criminal proceeds.

The US says it cost Hollywood’s copyright owners more than $US500 million by offering pirated copies of movies and television shows.

Megaupload was shut down after the raid but Dotcom has since launched a similar site called Mega, which doesn’t use US-based servers.

Dotcom denies the charges and says he is a political target for Hollywood.”

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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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“Megaupload founder wins access to evidence seized in raid”

June 3, 2013

Reuters on May 31, 2013 released the following:

“(Reuters) – A New Zealand court granted Megaupload founder Kim Dotcom access on Friday to all evidence seized by police in a 2012 raid, bolstering the Internet entrepreneur’s fight against extradition to the United States to face online piracy charges.

Repeating its decision that warrants used in the raid on Dotcom’s home were illegal, the High Court ruled that police must provide copies of evidence considered relevant to the U.S. investigation. These include materials forwarded to the Federal Bureau of Investigation.

Any evidence seized in the raid, including computers, hard drives, files, and other materials deemed irrelevant must be returned to the founder of the shuttered file-sharing site.

“The police are to review digital data storage devices and return any to the plaintiffs that contain no relevant material,” Justice Helen Winkelmann said in a statement. Police, she said, may retain other storage devices but had to “provide a clone of those devices to the plaintiffs”.

Acting on a request from U.S. authorities, New Zealand police arrested Dotcom and three colleagues.

Dotcom’s lawyers have argued that lack of access to the seized evidence put them at a disadvantage in defending the German national and his colleagues against extradition.

The United States has launched a criminal investigation into Megaupload, arguing that it facilitated online piracy, and participated in racketeering and money laundering.

Dotcom, who has New Zealand residency, says the site was merely a storage facility for online files and should not be held accountable if stored content was obtained illegally.

An extradition hearing is scheduled for August, but may be delayed due to separate cases linked to another court ruling that unlawful warrants were used in the police raid.

The copyright case could set a precedent for Internet liability laws and, depending on its outcome, may force entertainment companies to rethink their distribution methods.

The U.S. Justice Department says Megaupload cost copyright holders such as movie studios and record companies more than $500 million and generated more than $175 million in criminal proceeds. It described the case as being among the largest ever involving criminal copyright.

Dotcom launched a new file-sharing service, Mega, in January.”

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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

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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

————————————————————–

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

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Kim Dotcom allegedly ridicules charges against him

March 28, 2012
Megaupload Founder Kim Dotcom

RT on March 28, 2012 released the following:

“On Monday MegaUpload founder Kim Dotcom said he is preparing an “entertaining” motion in response to the US government’s charges against him.

The German born, New Zealand millionaire who spent approximately five weeks behind bars for allegedly running the largest media piracy operation, said in an interview with Torrent Freak that not all of the charges against him are accurate.

Dotcom was accused of illegally uploading millions of songs. But according to the millionaire himself many of charges against him are absolutely inaccurate. For example, Dotcom cites an audio file of a song by the rapper 50 Cent he was accused of illegally downloading and distributing. In reality, the New Zealander claims the file was legally purchased.

The file’s link was emailed to several of his friends for the purpose of testing the website’s new email feature. Furthermore, Dotcom claimed the song had a total of zero downloads.

The indictment filed by the US government for his alleged involvement in an online conspiracy that authorities claim stole hundreds of millions of dollars from the entertainment industry, states the 50 Cent email he sent was part of the prosecution’s evidence.

According to Kim Schmitz, aka Dotcom, the file was legally purchased and posted back in 2006 and isn’t relevant due to the statute of limitation having been expired.

In addition to the 50 Cent file, Schmitz also contended that a Louis Armstrong song mentioned in the indictment was also legally bought.

“The indictment contained an email in which I suggested to provide Warner Brothers with a limited number of deletes per day,” Dotcom said in his interview.

“In fact, days later Warner Brothers got the maximum quota of 100,000 deletes per day,” Dotcom said in response to allegations of his refusal to cooperate with the media giant.

Dotcom believes the fact the he was willing to remove the material for his site verifies that he was more than willing to cooperate with copyright holders. Warner Brothers also was able to impede part of the problem by using MegaUpload’s built in tool that allowed for reporting of copy written material on the site.

According to Dotcom, the tool aided Warner Brothers in removing more than one million files from the notorious site.

Dotcom also added that not all users were transferring “pirated” material and claims the recent happenings have hurt those users who held accounts strictly from the purpose of transferring files over long distances without the need of a hard drive, memory stick or DVD. Among those members he added that 15,000 were US military servicemen that probably used their account to share photos with loved ones back home.

Since he set bail in early March, Dotcom has been under house arrests and has been critical on how the US government has handled the situation.

The seven year operator of the MegaUpload has slammed the entertainment industry and the politicians behind the legal proceeding claiming his site’s policies are no different than that of YouTube.

“If you read the indictment and if you hear what the prosecution has said in court, at least $500 million of damage were just music files and just within a two-week time period. So they are actually talking about $13 billion damage within a year just for music downloads. The entire US music industry is less than $20 billion,”explained Dotcom in an interview with New Zealand’s 3news earlier this month.

“In my opinion, the government of the United States protecting an outdated monopolistic business model that doesn’t work anymore in the age of the Internet and that’s what it all boils down to,”he added.

Dotcom promised the motion would soon come.

Amidst a pending extradition request by the US, Dotcom may have the case shift further in his favor, especially after a New Zealand judge ruled that law enforcement apprehended his possessions with a fake warrant. The authorities behind this have filed for another warrant, but if the judge denies the request Dotcom could have access to all his assets once again.”

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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 and OFAC SDN Sanctions Removal.

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.


NZ court increases Megaupload founder Dotcom’s living expenses, returns car

March 22, 2012

Total Telecom on March 22, 2012 released the following:

“By Lucy Craymer, Dow Jones Newswires

Extradition hearing for owners of file-sharing Website to take place in August.

The founder of the Megaupload.com website, Kim Dotcom, won’t be slumming it while he awaits a decision on extradition to the U.S. after he had his monthly allowance increased to NZ$60,000 (US$48,480) and had his Mercedes Benz G55 AMG returned to him.

New Zealand High Court Justice Judith Potter said in a decision released Thursday that Dotcom would be allowed NZ$60,000 a month from his frozen assets, which will include interest on NZ$10 million of government bonds he owns.

Her decision also allows Dotcom to have use of his G55 AMG off-road vehicle on condition he pay for registration, insurance and suitable garaging for the vehicle.

The vehicle is one of 21 confiscated when Dotcom was arrested in a raid in January. It has a top speed of 210 kilometers an hour, can go from 0 to 100 kilometers an hour in 5.5 seconds and retails new for around US$120,000.

Dotcom had all his assets seized when he was arrested in January alongside Megaupload Chief Marketing Officer Finn Batato, 38, Chief Technical Officer, Director and Co-Founder Mathias Ortmann, 40, both from Germany, and Dutch national Bram van der Kolk, 29.

Justice Potter also ordered that van der Kolk receive payments of NZ$9,166 a month to cover living expenses.

An interim order to take custody of the men’s assets in February has been extended through until April 4 “to enable the applicant (Dotcom) to obtain final instructions” on whether to go ahead with a challenge to the order, Justice Potter said.

The extradition hearing for the four men, all of whom have been granted bail, is expected to take place in August. U.S. authorities claim Megaupload Ltd., based in Hong Kong, and its collection of websites generated more than US$175 million in alleged criminal proceeds and caused more than half a billion dollars in harm to copyright owners.”

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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 and OFAC SDN Sanctions Removal.

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.


Wrong Paperwork Used to Seize MegaUpload Property, Judge Says

March 21, 2012

PC World on March 18, 2012 released the following:

“By Jeremy Kirk, IDG-News-Service:Sydney-Bureau

An order granted to law enforcement allowing them to seize luxury cars and other personal effects from the estate of MegaUpload founder Kim Dotcom is invalid, a judge in New Zealand ruled on Friday.

A police commissioner applied for the wrong type of seizure order, requested by the U.S., which now is “null and void and has no legal effect,” Judge Judith Potter ruled.

The ruling means Dotcom has a chance to recover some of the items, which reportedly included a Rolls Royce and a pink Cadillac, seized during his January 20 arrest at his mansion outside Auckland. It was unclear on Monday the next step Dotcom would have to take to get his property returned, and his attorneys could not immediately be reached.

Dotcom, 38, faces extradition to the U.S. on various copyright infringement and money laundering charges relating to his website MegaUpload, a file-sharing and storage website, which was shutdown in January.

New Zealand police applied for a second order to seize more of Dotcom’s property and, after realizing the mistake, tried to include the property improperly seized under the first order, Potter wrote.

Dotcom’s attorneys argued that some or all of their client’s property should be released. But representatives acting for the U.S. said the subsequent seizure order, dated February 1, is sufficient for holding Dotcom’s property.

Extradition proceedings for Dotcom, who is free on bail but subject to electronic monitoring, are expected to begin in August.

The U.S. Department of Justice alleges MegaUpload collected US$175 million in criminal proceeds, rewarding users for uploading and sharing content without the permission of copyright holders.

Also charged are MegaUpload defendants Finn Batato, Julius Bencko, Sven Echternach, Mathias Ortmann, Andrus Nomm and Bram Van Der Kolk.”

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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 and OFAC SDN Sanctions Removal.

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.


Megaupload founder faces lengthy extradition battle

January 25, 2012

Thomson Reuters on January 25, 2012 released the following:

Reporting by Gyles Beckford and Rebecca Hamilton

“Jan 25 (Reuters) – Efforts by the United States to extradite the mastermind of an alleged Internet piracy scheme from New Zealand to face copyright infringement and money laundering charges are likely to be long and complex.

Kim Dotcom, a German national also known as Kim Schmitz, will be held in custody in New Zealand until Feb. 22 ahead of a hearing of a U.S. extradition application.

U.S. authorities claim Dotcom’s file-sharing site, Megaupload.com, has netted $175 million since 2005 by copying and distributing music, movies and other copyrighted content without authorization. Dotcom’s lawyers say the company simply offered online storage and that he will fight extradition.

“It could take some considerable time to get through the whole thing,” said senior New Zealand lawyer Grant Illingworth, adding there were rights of appeal and procedural review to both sides.

Dotcom, 38, and three others, were arrested on Friday after a police raid at his rented country estate, reputedly New Zealand’s most expensive home, at the request of the U.S. Federal Bureau of Investigation.

Under New Zealand’s extradition law the prosecution must show there is enough evidence that would substantiate charges against Dotcom and the others accused of breaching local copyright laws.

“What the judge has to do is decide whether there is a prima facie case that would justify the person being put on trial if the offence had occurred in New Zealand,” Illingworth said.

“If the evidence doesn’t make out, what under New Zealand law amounts to a prima facie case, then the person walks away.”

A 1970 extradition treaty between the United States and New Zealand gives the U.S. 45 days from the time of Dotcom’s arrest to request extradition. The New Zealand Extradition Act, passed in 1999, gives the United States preferential status to access a streamlined process for making its request.

The judge who refused Dotcom bail said he could not assess whether the United States had a strong enough case against Dotcom, nor whether he had a good defense.

“All I can say is that there appears to be an arguable defense, at least in respect of the breach of copyright charges,” Judge David McNaughton wrote in his judgement.

CIVIL MATTER

Copyright infringement and illegal file sharing are normally civil matters in New Zealand, but there is a provision for criminal charges and a maximum 5-year jail term for serious breaches.

Rick Shea, a partner at Lowndes Jordan in Auckland, said there were some differences between New Zealand and U.S. copyright law, in terms of knowledge, that could be an issue.

Douglas McNabb, a U.S. lawyer who specializes in extradition defense, said extraditions to the United States have to meet probable cause – the same standard that is required for making arrests in the United States.

Although the extradition hearing is not a test of guilt or innocence, McNabb said Dotcom’s lawyers may argue they should be allowed a limited discovery process to show that probable cause has not been met.

Prime Minister John Key said the issues raised were serious and New Zealand would co-operate with the U.S. authorities.

“This is the largest, most significant case in Internet piracy so New Zealand is certainly going to work with the United States authorities to allow them to extradite Kim Dotcom,” he said on TV3.

According to Shea, New Zealand has never had an extradition proceeding involving copyright law. “I wouldn’t expect this to be sorted out quickly,” he said.

AGGRESSIVE CHARGES

Anthony Falzone, Director for Copyright and Fair Use at Stanford Law School’s Center for Internet and Society, said it was too early to comment on the strength of the case, but questioned whether some of the allegations in the indictment would actually push Megaupload outside the safe harbor provisions of the Digital Millennium Copyright Act.

The indictment “pushes some pretty aggressive theories”, Falzone said.

The most recent Supreme Court case to deal with similar issues was in 2005. In MGM v. Grokster, the U.S. court highlighted the importance of intent in determining if an Internet firm was liable for its users infringing copyright.

“A lot of the Megaupload case may also rise and fall on the question of intent,” said Falzone.

With MGM, the court found the intent of the Internet company from the beginning was to build a tool to facilitate illegal sharing.

“Maybe that’s what the Feds (FBI) think they have here, too,” said Falzone.

The case is USA v. Kim DotCom et al, U.S. District Court, Eastern District of Virginia, no. 1:12CR3.”

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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 and OFAC SDN Sanctions Removal.

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