Kim Dotcom Resigns Mega to Focus on Fighting Extradition to the United States and Other Projects

September 4, 2013

The New Zealand Herald on September 4, 2013 released the following:

“Flamboyant internet entrepreneur Kim Dotcom has resigned as a director of his Mega data storage empire to focus on his efforts on fighting extradition to the United States and other projects.

Dotcom resigned as a director of Mega on Aug 29, and was replaced by Hong Kong-based Bonnie Lam the same day, according to filings to the Companies Office.

Dotcom staged a full-scale global media launch for Mega last year to replace Megaupload, his previous venture which was shut down in a US-led operation that alleged the file-sharing firm and its owners had committed mass copyright infringement and money laundering of more than US$500 million. Tony Lentino and Mathias Ortmann are still on Mega’s board.

Mega chief executive Vikram Kumar told BusinessDesk in an emailed statement Dotcom resigned “to be able to focus on the extradition case, an upcoming music website, and to build a political party.”

Dotcom doesn’t hold any directorships in New Zealand, and has one direct shareholding in RSV Holdings, according to Companies Office filings. His wife, Mona, is a director of Mr KimDotcom Ltd and a director and shareholder in MD Corporate Trustee Ltd, the biggest shareholder in Mega.

Earlier this week Dotcom told followers on Twitter he planned to launch a political party in New Zealand, with the next election likely to be near the end of next year, and has previously signalled plans for web-based music service called Megabox.

Dotcom and his co-accused Finn Batato, Mathias Ortmann and Bram van der Kolk have taken their case to the Supreme Court, seeking access to evidence in the US Federal government’s case to extradite them, and are awaiting a decision.

The District and High Courts upheld their request for a trimmed down disclosure, though that was overturned in the Court of Appeal earlier this year.

Dotcom’s high profile arrest in January last year led to an overhaul of New Zealand’s external spy agency, the Government Communications Security Bureau, after the intelligence unit unlawfully intercepted his communications. At the time of the surveillance, the GCSB wasn’t allowed to spy on New Zealand residents and Dotcom had been granted residency.

The government has since tweaked the law governing the spy agency, allowing it to act on behalf of the domestic spy agency, the Security Intelligence Service, the police or the Defence Force.”

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

International Extradition – When the FBI Seeks Extradition

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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.

————————————————————–

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“Kim Dotcom wins another round in his battle against extradition”

December 7, 2012

infosecurity-magazine.com on December 7, 2012 released the following updated story:

“Kim Dotcom was arrested, and Megaupload seized just under a year ago. Since then Dotcom has been fighting extradition to the United States, while the New Zealand authorities have repeatedly bungled the case against him.

Dotcom’s first victory was to have the original search warrants declared invalid, and the search therefore illegal. “The search and seizure was therefore illegal,” said Judge Helen Winkelmann at the time.

Next, New Zealand prime minister John Key admitted that the Government Communications Security Bureau (GCSB) had been illegally spying on Dotcom. “Mr Key expressed his disappointment that unlawful acts had taken place.”

Now Dotcom has succeeded in drawing the spy agency deeper into the case. In an important ruling yesterday, Judge Winkelmann has ordered GCSB to ‘confirm all entities’ to which it gave illegally obtained data. This could be hugely embarrassing for the other four members of the ‘Five Eyes/Echelon’ international spy group (US, UK, Australia and Canada). “The order for the Government Communications Security Bureau (GSCB) to reveal top-secret details came along with an order the spy agency would now sit alongside the police as a defendant as the court continued to probe the unlawful search warrant used in the raid on Dotcom’s north Auckland mansion,” reports the New Zealand Herald.

This was despite the Crown’s concerns that revealing information, including how GCSB works with its intelligence allies, could ‘compromise New Zealand’s national security interests.’ Judge Winkelmann dismissed this and appointed security cleared Stuart Grieve QC to view the top secret information and judge its relevance to the case.

Dotcom is, needless to say, cock-a-hoop, tweeting, “Lets see about US involvement in illegal GCSB spying on New Zealand residents. The truth will come out, in court,” and “It’s hard to keep quiet until we show our intel in court. You’ve seen nothing yet. The big stuff is still to come. Stay tuned!”

Meanwhile, the ramifications of the ruling are being analyzed. Now that GCSB is to be added as a defendant in the review of the police raid, it means that Dotcom can sue. ZDnet reports opposition leader Winston Peters, “This will end up costing taxpayers millions of dollars in legal fees to fight the case and in compensation to Dotcom.”

There is still one further twist to Judge Winkelmann’s ruling. “Winkelmann has also ordered Detective Superintendent Mike Pannett — a police liaison officer in Washington — swear an affidavit if he watched a ‘live feed’ of the raid on Dotcom’s Coatesville mansion on January 20 from the FBI’s multi-agency command centre” in Washington, reports the Sydney Morning Herald. He has apparently already told an internal publication that he did – but Detective Inspector Grant Wormald, in overall charge of the operation, has previously stated in an affidavit “that there was no live coverage of the operations going on at the Dotcom mansion.” Judge Winkelmann wants to know the truth.

This article is featured in:
Internet and Network Security”

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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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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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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?

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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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