U.S forces maintain fire against Megaupload
MPAA labels Dotcom as career crim (for piracy, not rapping)
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The United States government is holding firm against the pursuit of file sharing platform Megaupload and its founders stating that even if the indictment of the Megaupload corporation is dismissed, it will continue the indefinite freeze on its assets.
During a federal hearing in the U.S last Friday, prosecutors urged U.S. District Judge Liam O'Grady to uphold their charges against infamous file-hosting site Megaupload.
Megaupload’s team have been arguing to dismiss the indictment as they posit that criminal procedure does not allow a way to serve notice on corporations that do not have a US address. Judge Liam O'Grady did not issue a ruling.
Founder Kim Dotcom received a reprieve from the New Zealand courts earlier this month with the delay of his extradition hearing until 2013, based on his legal team argument that the court violated the Federal Rules of Civil Procedure by failing to mail a summon to their client's last known address in the United States.
Team Megaupload also maintain that U.S. prosecutors have no legal jurisdiction over the company as it is a foreign entity with no official presence in the United States.
"They wiped out a foreign company that does not reside in the United States by bringing a criminal case against it. If this were a person ... there would be little argument that there were due process violations," Megaupload lawyer William Burck said during Friday's hearing.
Burck requested that Judge O'Grady dismiss the indictment without prejudice and force the Department of Justice to re-file charges.
The U.S prosecutors claimed that mailing summons to the offices of Dotcom's U.S based lawyers or to Megaupload’s Virginia based hosting supplier Carpethia Hosting was sufficient process.
They added that under a Mutual Legal Assistance Treaty they would also be able to send a summons to Megaupload's address in Hong Kong.
The Justice Department's Ryan Dickey said that Congress has "made it crystal clear" that they will address global copyright crime and that they would be relentless in the pursuit of Dotcom and his employees with criminal charges whenever they are extradited to the United States.
Last week, the Motion Picture Association of America branded Dotocm a “career criminal” and claimed that even if the case against Megaupload were dismissed it would have little practical impact as Dotocom and his co-founders are still facing indictment.
Dotcom remains under house arrest in his New Zealand mansion where he waging an aggressive social media campaign against the MPA and the U.S government’s actions. ®
COMMENTS
Just love the "We're keeping all your money, even if we're wrong because we know your naughty"
As the New Zealand Judge said "We have met the enemy and the enemy is the US"
A lawyer stating on the court record that
a) they're seizing assets for evidence for a case where jurisdiction is not established;
b) that the case might never go further than a threatened indictment or indictment without intent to actually prosecute "to hang around their heads", and;
c) they have the intention of maintaining possession of the siezed property regardless of any actual court case being possible.
Well, it sounds awfully like a tort problem question regarding abuse of process.
Re: Waitasec
The assets were siezed in NZ when they swooped in with local law enforcement on a warrent that has since been branded as illegal.
The assets should never have been handed over to a foriegn power who has no jurasdiction, but who cares about a little thing like due process right?
Sing along everybody.
America, F**k yeah!
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