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US Gov't Seeks To Keep Megaupload Assets Because Kim Dotcom Is a Fugitive
mrspoonsi writes with this excerpt from Billboard: 'On Tuesday, the U.S. Department of Justice told a Virginia federal judge that Kim Dotcom and cohorts have no business challenging the seizure of an estimated $67 million in assets because the Megaupload founder is evading prosecution. The government brought criminal charges against Dotcom in early 2012, but he's been holed up in New Zealand awaiting word on whether he'll be extradited. The government got antsy and this past July, brought a civil complaint for forfeiture in rem, a maneuver to firmly establish a hold over money from bank accounts around the world, luxury cars, big televisions, watches, artwork and other property allegedly gained by Megaupload in the course of crimes. Dotcom is fighting the seizures by questioning the government's basis for asserting a crime, saying "there is no such crime as secondary criminal copyright infringement," as well as challenging how the seized assets are tied to the charges against Dotcom. But according to the U.S. government, Dotcom doesn't get the pleasure of even making the arguments. In a motion to strike, the government cites the doctrine of fugitive disentitlement, which bars a person from using the resources of the court if that person is aware of prosecution and is evading it.
FTFA, Dotcom's lawyer:
The issue is the government basically is looking to use the fugitive disentitlement doctrine as procedural mechanism to avoid arguing merits of criminal action.
The case seems to have no merit, they're probably reluctant to bring it to a trial. I think they were probably hoping for a plea in the first place, to avoid a trial and the associated oversight, and didn't think it would go this way or drag out this long.
I'm guessing the US will immediately hand over other fugitives then, since it believes so strongly in respecting the law. Fugitives like Paul Watson, John McCaffee and Amanda Knox to name but a few.
Seven puppies were harmed during the making of this post.
Schlumberger made, tested, and certified the part that failed. Releasing all the oil into the Gulf. Yet everyone blames the company that was using the part as it was designed to be used.
Yet no one even seems to know who they are.
Unless he uploaded content himself, he's really only running a system that allows for that, much like AT&T, Comcast, and Verizon allow for it by allowing connections to MegaUpload. Just think if they'd blocked MegaUpload's servers, they certainly have the ability. Much like guns, cars, or the internet, MegaUpload could be used both legally and illegally. If the gov has proof that he actually committed copyright infringement, claimed in the civil action, why don't they charge him with that? Perhaps because they have no proof?
The cesspool just got a check and balance.