“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

————————————————————–

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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“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?

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NZ launches inquiry into spying in Megaupload case

September 24, 2012

Chicago Tribune on September 23, 2012 released the following:

“Reuters

WELLINGTON (Reuters) – New Zealand’s Prime Minister John Key has launched a inquiry into “unlawful” spying by government agents leading to the arrest of Megaupload founder Kim Dotcom, who is fighting extradition to the United States where he faces charges of internet piracy and breaking copyright laws.

The probe may deal another blow to the U.S. case after a New Zealand court ruled in June that search warrants used in the raid on Dotcom’s home earlier this year, requested by the U.S. Federal Bureau of Investigation, were illegal.

Key has asked the government’s Intelligence and Security division to investigate “circumstances of unlawful interception of communications of certain individuals by the Government Communications Security Bureau”, his office said in a statement on Monday.

Key’s spokesman would not comment on whether the “certain individuals” referred to Dotcom, his three colleagues also arrested and facing U.S. charges, or all of them.

“The Bureau had acquired communications in some instances without statutory authority,” Key’s statement said.

New Zealand authorities arrested Dotcom and his colleagues at his rented country estate near Auckland in January, confiscating computers and hard drives, works of art, and cars.

The FBI accuses the flamboyant Dotcom, a 38-year-old German national also known as Kim Schmitz, of leading a group that netted $175 million since 2005 by copying and distributing music, films and other copyrighted content without authorization.

“I welcome the inquiry by (Key) into unlawful acts by the GCSB,” Dotcom said on his Twitter account.

Dotcom maintains that the Megaupload site was no more than an online storage facility, and has accused Hollywood of lobbying the U.S. government to vilify him.

The raid and evidence seizure has already been ruled illegal and a court has ruled that Dotcom should be allowed to see the evidence on which the extradition hearing will be based.

U.S. authorities have appealed against that ruling, and a decision is pending.”

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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?

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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.

————————————————————–

International criminal defense questions, but want to be anonymous?

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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.

————————————————————–

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

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Dotcom extradition case costs mounting

April 11, 2012

tvnz.co.nz on April 11, 2012 released the following:

“Source: ONE News

More than $1 million has so far been spent on the extradition case for Megaupload founder Kim Dotcom.

The United States wants to extradite Dotcom on copyright, money laundering and racketeering charges arising from his internet business and he is awaiting a hearing.

New Zealand Crown lawyers have been battling on behalf of the US Government, and figures obtained by ONE News under the Official Information Act show the figure has already reached more than $1,120,000.

In total, 13 Crown lawyers have been involved with the case including the two senior counsel in court, the Solicitor General and Deputy Solicitor General and nine other lawyers.

Based on Crown Law office information on lawyers’ time, ONE News estimates their cost at nearly one million dollars so far. Added to that is $70,000 for Dotcom’s arrest and seizure of his assets, another $62,000 to store and insure those assets and just over $20,000 on costs such as travel and accommodation for the Crown’s legal team.

The cost is being met by the New Zealand Government because of a 1970 treaty which says it will pay for extradition cases here on behalf of the United States, while the US Government will pay costs when New Zealand wants people extradited from America.

The reciprocal deal is not universally popular, however.

“If the case is being brought on behalf of the overseas government, and for the benefit of the overseas government, than they should be paying the cost,” extradition lawyer Grant Illingworth told ONE News.

With another five months of legal wrangling ahead legal professionals believe this could be the most expensive extradition case ever heard in New Zealand.

Labour’s foreign affairs spokesman Phil Goff said the situation could prove expensive for the Government.

“The problem in this case is that while the United States is calling the shots, it’s the New Zealand taxpayer that meets the cost and potential liability. I hope the government’s got the process right,” he told ONE News.

The Government says the costs of the case are “non-billable”, so no actual money will be changing hands. Rather, it says the costs will be absorbed into its legal budget.

Dotcom is currently under house arrest at his Coatesville home, although he was recently granted permission to use a swimming pool in a neighbouring property and make occasional visits to a recording studio to finish work on an album.”

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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.