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

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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 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

————————————————————–

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:

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New Zealand court tells U.S. to reveal MegaUpload evidence

May 29, 2012

CNet on May 29, 2012 released the following:

“A court tells New Zealand and U.S. governments that they have three weeks to show what they have to support their indictment against MegaUpload managers.

by Greg Sandoval

A New Zealand judge wants to see the evidence against MegaUpload’s managers.

Judge David Harvey has given New Zealand law enforcement officials three weeks to provide documentary evidence against managers of the cloud-storage service accused of encouraging massive copyright infringement.

Harvey was responding to a request made by MegaUpload’s lawyers to require New Zealand, which is pressing the case on behalf of the United States, to fully disclose the evidence against company managers. The U.S. government in January indicted MegaUpload’s founder Kim DotCom and five others connected to the company on criminal copyright charges.

As part of that indictment, DotCom’s home was raided by New Zealand police, his possessions seized and he was thrown in jail. The United States wants to try DotCom and the other defendants in its own country and an extradition hearing in New Zealand is scheduled for August 6.

Before that happens, Harvey wants to give DotCom’s lawyers a chance to review the evidence against the defendants. Though the U.S. Department of Justice (DOJ) included some e-mail conversations and documents in the MegaUpload indictment, Harvey wants them to see everything they have.

“This [court decision] makes the playing field more even,” said Ira Rothken, the attorney who is overseeing MegaUpload’s worldwide defense. “I think this is a very significant ruling for New Zealand because it demonstrates that New Zealand courts will intervene to protect the rights of its residents from foreign intrusion…we’re looking forward to this disclosure. Once there is full transparency into the government’s claims we believe Kim DotCom and the rest of those involved with MegaUpload will prevail.”

A spokesman for the U.S. Attorney for the Eastern District of Virginia, the office that filed the indictment against MegaUpload, was not immediately available for comment. We will update as soon as we hear back.

Harvey also ruled that DotCom can remove the electronic monitoring device from his ankle and move back into the mansion where he lived prior to the January 19 raid on his home, Rothken said. Since his arrest, DotCom had been living in a smaller residence adjoining the so-called DotCom mansion.”

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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: mcnabb.mcnabbassociates

           Office Locations

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Govt lawyers red-faced after FBI spirits Dotcom evidence to US

May 23, 2012

New Zealand Herald on May 24, 2012 released the following:

“By David Fisher

The Government’s lawyers have been ordered to explain how the FBI left the country with evidence in the Kim Dotcom case meant to be kept in “secure custody” by New Zealand police.

High Court Chief Justice Helen Winkelmann has told the Attorney-General’s lawyer, Mike Ruffin, he has until Monday to explain why FBI agents were allowed to take 135 cloned computer and data storage devices to the United States.

At a legal challenge at the High Court in Auckland yesterday, Dotcom’s lawyer Paul Davison, QC, called the revelation “high-handed” at best and “at the worst misleading”.

Mr Davison and lawyers for Dotcom’s three co-accused want a judicial review into search warrants used during FBI-inspired raids on January 20. Dotcom, Finn Batato, Mathias Ortman and Bram van der Kolk were arrested over allegations of criminal copyright violation through their file-sharing website Megaupload.

Mr Davison said he asked for assurances in correspondence with Mr Ruffin’s predecessor, Anne Toohey, that no evidence would leave New Zealand shores unless on the back of a court decision.

Crown Law had told him it had “not happened and will not happen without prior warning”. He said yesterday was the first time he was aware any material had left the country and there had been an agreement to maintain the “status quo” over the evidence. “There is no approval for the removal of these clones from New Zealand. There has been an excess of authority.”

Mr Davison said the correspondence included a statement from the head of the police organised crime squad, Detective Inspector Grant Wormald, that the belongings were held in secure custody.

He said Dotcom’s rights had been “subverted or disregarded or worse”.

The revelation is the latest embarrassment for the Crown, which has already been exposed for fumbling parts of the case. It used the wrong law to get a court order to seize Dotcom’s assets – an error which contributed to the police having to offer an undertaking of liability. There had earlier been discontent over the size, scale and style of the police raid which Davison has said will form a complaint to the Independent Police Conduct Authority.

Yesterday, Mr Ruffin said he was aware the cloned copies had been sent out of New Zealand. However, he said he was unaware of Ms Toohey’s assurances to Mr Davison.

Mr Ruffin told the court a set of digital images copied from the computers had been taken to the US. “The actual items seized under the search warrant remain in New Zealand,” he said.

The Crown Law Office and Attorney-General Chris Finlayson refused to comment.”

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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: mcnabb.mcnabbassociates

           Office Locations

Email: