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Extradition of Kim Dotcom halted until US produces evidence

updated 09:29 pm EDT, Wed August 22, 2012

US DOJ faulted for evidence collection, improper process serving

The New Zealand high court has ruled that the the United States must hand over all evidence in its case against Megaupload founder Kim Dotcom before any extradition can take place. The decision shut down the US Department of Justice's appeal of a lower New Zealand's court decision earlier in the year blocking the extradition pending case information.

New Zealand Justice Helen Winkelmann ruled that without a review of the evidence against him, Dotcom would be "significantly constrained" defending himself, while giving the US Department of Justice a large advantage prosecuting him.

Megaupload's lawyer Ira Rothken told Wired that "our expectation is that that the United States through the Crown lawyers will appeal the judgment and further delay the extradition hearing." The hearing is currently scheduled for March 25, 2013.

Dotcom was arrested at his Auckland, New Zealand mansion after the US orchestrated a raid based on criminal copyright violations and racketeering of the file storage locker that allegedly netted Dotcom and his cohorts $175 million. The legality of the evidence seized was questioned in court, when a judge ruled that the warrants didn't describe the offenses alleged and were illegal.

The raid and evidence search that started the shutdown of Megaupload took place on January 19, effectively closing Megaupload permanently. Dotcom and company co-founders were arrested on January 20, after a raid at a Carpathia server farm in Dulles, VA.

Megaupload lawyers have filed a motion to dismiss all US government charges for violating due process rights in not properly serving the international company outside of US jurisdiction. The FBI and Department of Justice are seeking Dotcom's extradition to face criminal conspiracy and copyright violation charges in the United States, but the federal judge assigned to the case suspects that the trial in the US may not happen for a variety of procedural reasons.



By Electronista Staff
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Comments

  1. donmontalvo

    Fresh-Faced Recruit

    Joined: 10-12-09

    Kim Dotcom had some interesting points. Media is too damned expensive, and often times too difficult if at all possible to get.

    Artists deserve to prosper...entertainment businesses need to scale back as there are too many unnecessary layers sucking money off of today's artists.

    I'm looking forward to Kim Dotcom's new service...I want to buy directly from the artists.

    Heck, when the iPod first came out, I once again started buying music...because it is soooo damned easy using iTunes Store!

    But it can be cheaper, and artists should earn more. Nearly all of my music is from new artists, the ones who the major multimedia companies won't bother to help because they can't profit from their sales.

    I hope Kim Dotcom puts the multimedia business out of business....I hope artists once again start making enough to buy homes and cars (way too many starving artists feeding multimedia execs).

    The US Government better have their act together, or they are in for a MAJOR embarassment...but then, that may be what is needed for them and the multimedia businesses to WTFU.

    Respectfuly,

    Don Montalvo, TX

  1. coffeetime

    Mac Enthusiast

    Joined: 11-15-06

    Wonder who's on the U.S. side got arrested? Neil Dotnet?

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