Following the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized tens of millions of dollars in money and different property.
The U.S. branded Dotcom and his colleagues as fugitives and received their case. Dotcoms authorized staff rapidly appealed this verdict, however misplaced as quickly as extra on the Fourth Circuit appeals court.
The U.S. branded Dotcom and his colleagues as fugitives and won their case. Dotcoms authorized staff rapidly appealed this verdict, however misplaced over again on the Fourth Circuit appeals court.
Dotcom then petitioned the US Supreme Courtroom to pay attention to the case.
The crux of the case is whether or not or not or not the District Courts order to forfeit an estimated $67 million in belongings was proper. The protection held that Dotcom and the opposite Megaupload defendants have been wrongfully labeled as fugitives by the Division of Justice, and needed the ruling overturned.
The Supreme Courtroom, tog, determined to not hear the case, it introduced today. The information comes as a setback to Megauploads authorized staff, who had hoped for a greater outcome.
We are disillusioned within the US Supreme Courts denial of the Cert Petition it’s a dangerous day for due course of and worldwide treaties, Ira Rothken, Kim Dotcoms counsel, informs TorrentFreak.
Kim Dotcom has by no means been to america, is presumed harmless, and is lawfully opposing extradition below the US New Zealand Treaty but the US by merely labeling him as a fugitive will get a judgment to take all of his belongings with no due process.
The Supreme Courts determination to not hear the case doesnt imply that the belongings are all misplaced. Most of the funds are positioned overseas in New Zealand and Hong Kong, and the protection will now focus its efforts on these jurisdictions.
The New Zealand and Hong Kong courts, who’ve authority over the belongings, will now have to weigh in on this problem and we’re cautiously optimistic that they may take a dim view of the Fugitive Disentitlement Doctrine and oppose US efforts to grab such belongings, Rothken says.
The actions of the US Division of Justice violate the prohibition towards double jeopardy within the US New Zealand extradition course of, Dotcoms authorized staff argues.
With the belongings forfeiture, the Megaupload defendants have now been punished for the copyright infringement allegations within the indictment. On high of this they danger a attainable extradition to face a second punishment within the US, which locations the defendants in double jeopardy, Rothken explains.
So, whereas the authorized choices in america have run out, the seized belongings battle is way from over.
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