Feeds

Judge goes postal on Kim Dotcom extradition appeal

US court rejects the 'I never got that letter' defence

Secure remote control for conventional and virtual desktops

Kim Dotcom’s attempts to escape US prosecution on the grounds that his company Megaupload was not based in the country has been thrown out of US District Court.

Judge Liam O'Grady deemed Megaupload's dismissal demands to be "extreme" and denied the request.

Federal prosecutors argued that team Megaupload’s line of reasoning “leads to the incredible conclusion that foreign corporations can commit crimes in the United States without risk of being brought to justice here."

In seeking the dismissal, Dotcom’s lawyers used Rule Four of Criminal Procedure, which indicates that a summons be mailed to the company's "last known address within the district or to its principal place of business elsewhere in the United States."

The US government attempted to deliver summons to Megaupload's address in Hong Kong and told the judge that Megaupload was clearly aware of the proceedings.

This line of defence has been used by team Megaupload since July. "Rule 4 does not require a result so extreme as dismissal, and to this Court's knowledge, no court has ever dismissed an indictment for failure to meet Rule 4's secondary mailing requirement," the judge wrote in his order.

Judge O'Grady gave his version of Rule 4, saying that mailing a summons to the address of corporation's alter ego is the same as mailing the summons to the corporation itself.

"So long as the government could prove that an individual defendant is an alter ego of the corporate defendant, the government could satisfy Rule 4's mailing requirement by mailing a copy of the summons to one of the individual defendants once that defendant is extradited to this district," writes the judge. Kim Dotcom’s extradition hearing is scheduled for next March.

Beginner's guide to SSL certificates

More from The Register

next story
NSA mass spying reform KILLED by US Senators
Democrats needed just TWO more votes to keep alive bill reining in some surveillance
Bada-Bing! Mozilla flips Firefox to YAHOO! for search
Microsoft system will be the default for browser in US until 2020
Google bags OBSCENELY LARGE Times Square ad space for New Year's
Choc Factory pays millions for whacking new digital screen
'Cleantech' a dirty word for VCs? RUBBISH!
They just think the current schemes are terrible
prev story

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security and trust: The backbone of doing business over the internet
Explores the current state of website security and the contributions Symantec is making to help organizations protect critical data and build trust with customers.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.