Megaupload Seizure Order “Null and Void” Says High Court

enigmax
March 18, 2012
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In another astonishing development in the Megaupload saga, a judge in New Zealand’s High Court has declared the order used to seize Kim Dotcom’s assets as “null and void”. The blunder, which occurred because the police applied for the wrong type of court order, means that the Megaupload founder could have his property returned.

mega Just when it seemed that the handling of the Megaupload case couldn’t get any more controversial, a development from New Zealand has taken things to the next level.

Following the raids on Kim Dotcom’s mansion in January, police seized millions of dollars worth of property belonging to the Megaupload founder. But thanks to a police blunder, he could now see all of those assets returned.

On Friday, Justice Judith Potter in the High Court declared the order used to seize Dotcom’s property “null and void” after it was discovered that the police had acted under a court order that should have never been granted.

The error dates back to January when the police applied for the order granting them permission to seize Dotcom’s property. Rather than applying for an interim restraining order, the Police Commissioner applied for a foreign restraining order instead, one which did not give Dotcom a chance to mount a defense.

According to New Zealand Herald, on January 30th prosecution lawyer Anne Toohey wrote to the court explaining that the wrong order had been applied for and detailed five errors with the application.

Justice Potter said that police commissioner Peter Marshall tried to correct the error by applying for the correct order after the raids were completed and retrospectively adding the items already seized.

Although the correct order was eventually granted albeit on a temporary basis, Potter said she will soon rule on whether the “procedural error” will result in Dotcom having his property returned.

The Crown is arguing that since the new order was granted the earlier error no longer matters, but Dotcom’s legal team framed it rather differently by describing the seizure of assets as “unlawful”.

Whether the assets are returned will rest on Dotcom’s legal team showing a lack of “good faith” in connection with the blunder. A hearing to decide if the assets will be returned will take place next week.

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SuqeeTendula

http://youtu.be/snnCKVFzjHE
DutchGuest

Kiwi Justice 1 – Team DotCom 3
- Guest
  
  Seizure of properties without trial is unlawful in the US since it violate the US constitution. However this is what the federal government is doing for may years now against drug dealers and against people with taxes problems. I have no sympathy for drug dealers. Yet the show a total disregards of the federal government for the law of the land.
  
  I was surprised that in NZ properties can be seized without due process. At least NZ marque a point against the US because at least they are moving toward correcting the abuse of the law.
  - http://pulse.yahoo.com/_IZ5BM5GNLA54OADSWGSXAMA7SY Jay
    
    However this is what the federal government is doing for may years now against drug dealers and against people with taxes problems. I have no sympathy for drug dealers.
    
    That’s the problem with the US though. Those drug dealers are usually a minority race and it’s become a public health problem. Even though we’ve fought the war on drugs for 40 years, you can still get drugs on a street corner anywhere. The drug dealers have harsh sentences, but by the FBI’s own statistics, violent crimes have gone down.
    
    Also, the drug war justifies the controversial stop-and-frisk proceedings of NY as well as persecution of minorities who may be innocent of a crime.
    
    What the civil asset forfeiture proceedings shows is that the property is guilty before it’s innocent in 38 states. Federal law allows those proceeds to go to law enforcement so there’s a very close relationship between all law enforcement. And fighting against this machine, which has already taken money from innocent people in the form of billions of dollars has basically turned the law enforcement arm of the law into the profit making machine of the government.
    
    The US has already shown that the war on drugs has failed. It’s high time to understand that these seizures are unconstitutional and should have been contested a long time ago.
    - Tsunku
      
      actually 40 yrs isn’t the correct number, the usa has been fighting drugs since the 1920s only under the dea for 40 yrs, prior it was the fbi that went after them.
    - Anyone
      
      and in doing so they did not stop any drugs but instead created the american mafia and the mexican cartels
      
      great job!
    - Guest
      
      Actually the laws have been on the books since 1911.
    - http://pulse.yahoo.com/_IZ5BM5GNLA54OADSWGSXAMA7SY Jay
      
      @Tsunku
      
      The big problem was when Nixon decided to put a hard ban on drugs in 1973 with the Controlled Substance Act. Once that happened, the crime syndicates started and our failed war on drugs kicked into over drive.
      
      Take away the CSA and you take away a TON of the US government’s power in subverting dissent in the country.
    - Dgfjjsfhkn
      
      We fixed that problem here in our country. By making softdrugs legal. Yes legal. You don’t expect it, but it works…
  - Tsunku
    
    actually they try to do it in piracy cases as well. back in 92 they tried to seize a house and cars thinking they belonged to the defendant but instead they belonged to his wife prior to the marriage. even funnier they already had a buyer set up for the property. not once did they bother to check who it actually belonged to, but her lawyer informed them when they showed up to seize it.
    that was the only funny thing during that bust as her husband ended up bearing the brunt of piracy charges when his only actual crime was being the biggest leech in 214, the others they arrested turned witness against him and had their charges dropped. they tho were the ones who should have been prosecuted as they were in fact accepting money for access to illegal warez of which he was not. but that’s how it goes, whoever tells the biggest lie gets off scotfree while the one telling the truth gets the sentence.
    - Guest
      
      to anyone, the mafia existed long before drugs were considered a problem in the usa. it will exist long after as well. even tho the fbi think they killed it off haha idiots
    - Anyone
      
      yes, it existed before
      
      but prohibition created a golden era for organized crime in america
    - NekoDensetsu
      
      @anyone @tsunku if you talk about the italian mafia in america i suppose the prohibition did really give them what they needed to boot up for good. A serious lesson to be learned is that in the end they had to get Al Capone for tax fraud since they couldn’t really get anything on him. @anyone yea , if you talk about the south american cartels, wasting escobar was probably not a good idea since it all scattered from there on and there’s no way of really keeping track about what’s going on. Drugs are as old as civilization i suppose. If you get ghetto’s and extreme poverty, you will have serious business in that trade. That’s the real problem here. Supply and mostly demand. If there’s a vacuum it will be filled. That’s as much a law of economics as it is in physics. See, if death penalty would actually help i have a hunch with all the hanging and executions a few hundred years ago, crime would have been almost rooted out. And it’s not. Everyone can make their own conclusions from that
  - http://profiles.google.com/zerianis10 Christopher Kidwell
    
    I do have sympathy for ‘drug dealers’ because the fact is that trade should be legal in the United States.
    
    Again, NO ONE has the right to tell another person what they can and cannot put into their own bodies, drug/food/prick/etc.
    - Guest
      
      Yes they do, if one has a conscience, then they have the right to tell others what is screwing there bodies, apparently no one told heath ledger, michael jackson and so on…
    - Lordfury007
      
      I agree christopher,
      
      Guest – if I know and accept the risks, then i should be allowed to do whatever I want with MY body and MY life, because it’s MINE, not yours.
    - Anyone
      
      you should be told what you put in your body, but you should not be told what you can’t put into your body
      
      I’m for legalizing all drugs, but they should be labeled properly and tampering with it should be illegal, since that can be dangerous.
    - Asfaf
      
      and we the tax payer end up paying millions in methadone treatment so you can abuse your own body
    - Anonymous
      
      As long as there is a tacit understanding that the same laws which apply to alcohol and some pharmaceuticals under prescription should apply here as well.
      
      Driving under influence or operating heavy machinery is a no-no either way. Similarly, any drugs deemed “toxic” – i.e. long-term effects established, or likely to provoke frenzies – might be prohibited for sale and incur penalties if the user has not taken precautions against spillover effects.
      
      A great many narcotics today are, however, not prohibited on reasonable grounds. In fact, the established effects of alcohol use make many substances deemed “hard drugs” today seem positively harmless.
      
      Being a heavy user of caffeine myself and occasionally endulging in nicotine and alcohol I must say that given the effects of these three fully legal drugs I’m somewhat surprised at the draconian way much softer substances are treated in a body of law. There is a swedish saying which translated goes like “To sift away gnats while swallowing the camels” which may apply here.
    - Anonymous
      
      @Asfaf
      
      “and we the tax payer end up paying millions in methadone treatment so you can abuse your own body.”
      
      Actually, the cost of methadone and many other substances would decrease rapidly as well given that the manufacturing cost of said substance is, in effect, very low.
      
      The actual “cost” is because a physician has to write a prescription and give you a schedule. And?
      
      I can easily envision a scenario where the same legislation would apply to my favourite drug – Caffeine – and where making that drug illegal would suddenly catapult the treatment cost through the roof.
    - Anyone
      
      “Similarly, any drugs deemed “toxic” – i.e. long-term effects established, or likely to provoke frenzies – might be prohibited”
      
      Alcohol, Nicotine and Caffeine are all toxic
      guess what’s not toxic: Cannabis
    - http://www.facebook.com/profile.php?id=775334417 Ralph Chastain
      
      @Guest Telling others sure works…Lol.
  - Guest
    
    I second that.
    Another thing is that seizing property that quick?! The seize should have
    been patient and well documented because there are evidence of MegaUpload
    violating piracy. The seizure seem like the court just want to seize the assets without any concerns. To me, this article shows that the seizure is covered with “greed.” What happen to the assets and/or money once the court seize the properties? Does it go down to support the people’s need (the poor, school, jobs) or to the people of rich and greed?
    
    My opinion only:
    At least they try to correct the order, but I think it’s kind of too late. One mistake can really make a big different. I guess, doing something right one time should applies to this particular situation.
    
    I really hope this situation will not add more papers just to settle this. This is how court system make everything confusing. Too much paper work and buts….
    - FinalApokylypse
      
      Your right that it should have been corrected before the raid was conducted. What would the case have been if the correctly done court order would have been declined? That’s the whole reason for that system in the first place. The reason they gave for the quick raid and seizure was to protect as best they could Kim Dotcom deleting any evidence.
    - MadAsASnake
      
      @FinalApokylypse
      
      i think it had more to do with denying resources to defend…
  - John123
    
    Howdy
    
    are you sure you know what you are talking about when it siezure of property without trial is illegal ?? i know someone whose brother was involved in some minor drug ring.. FBI , Police, etc raided them one night and took the house, property, possesions, etc .. there was a trial later on of course but all property and the home was still siezed with a big raid like Dot Com got but maybe not as big.
- Anonymous
  
  Feds playing dirty, that’s unpossible!
  
  I thought it was legal for the United States Congress to be bribed by the MAFIAA.
  
  http://img215.imageshack.us/img215/233/dsala.png
- PirateComic
  
  lulz : )
  - Niepfn
    
    Dun understand your comic… what is Jackie Chan doing there?
    - Y U NO GET IT
      
      look @ the original pic / zoom in.
      
      1.Fbi ( stealing megaupload as robbers )
      2.Kim DotCom ( y u guy)
      3.Kim DotCom ( in court as a Mr sophisticated )
      4.Fbi ( WTF as jackie chan )
Anonymous

Why am I not surprised, they have to work in the shadows just to get away with this.
- Herp_derp
  
  Any time people are conducting themselves in a “shady” manner, they must work in the shadows. Just because they work in the law enforcement business, doesn’t mean that business isn’t prone to being corrupted by greed and power
- Anonymous
  
  Feds playing dirty, that’s unpossible!
  
  I thought it was legal for the United States Congress to be bribed by the MAFIAA.
  
  http://img215.imageshack.us/img215/233/dsala.png
- Redballdragon
  
  “We work in the shadows to serve the light. We are Assassins – uh – police!”
http://www.twitter.com/echoman74 echoman

Good for him the police should all be fired. Justice for dotcom. ;) Hopefully we can see megaupload back online once again.
- Ricardo
  
  Well, that is taking it a bit too far.
  The ones in charge should be fired, but the majority were just following commands. Not like the average cop knows exactly what’s going on and if it’s all according to the book.
  - Anyone
    
    “we were just following orders” is not a good defence
    - http://www.pakg1.net Robert Park
      
      It is for an isolated event that does not have world-changing consequences.
    - Anyone
      
      yes, I’m not saying the lowly police officers should be fired, probably not even the officials in NZ, they were just working off falsified informations from the US authorities, not sure how much you can blame them.
    - Sakldhsfsdgs
      
      @Robert Park No, No its not.
      
      The circumstances don’t matter.
      If it was an Alkaeda soldier shooting an american soldier, Would you say the same?
      
      Shit’s not going to change the world, whatsoever, but a defence of “I was just following orders” would never be accepted.
    - Kr0nZ
      
      @Robert Park:
      if working in a job where you are NOT a police officer, and your boss asks you to do something that is unlawful,
      YOU HAVE AN OBLIGATION TO REFUSE THAT UNLAWFUL WORK
      
      Even though what your boss asked you to do might not have world changing consequences, you still have the RIGHT and the OBLIGATION to refuse to do it…
      
      So “we were just following orders” is not a good defence
      
      and NO, this is not an isolated event, police trump their powers above and beyond what they are allowed to do…. ALL OVER THE WORLD
    - TG-3323
      
      ” is for an isolated event that does not have world-changing consequences.”
      
      But this does have world changing consequences. However if they followed orders and just shot you twice in the eye, that would not.
    - MadAsASnake
      
      @Robert Park
      This has global consequences. It’s taken out a site with a significant percentage of world bandwidth, the consequences if US DOJ are allowed to continue this outside US soil are very real, not to mention the things you might need to consider when setting up a legitimate business anywhere in the world (will some prick in the US set the DOJ on us…)
    - Vager
      
      @Kr0nZ The courts are at fault here. These things are required to go through a judge for approval before hand. It’s their job to determine whether these orders are lawful or not.
      
      Police file order > judge approves order > police act on order.
      
      If a judge says it’s legal, then everyone including police officers makes the assumption that it is.
    - Ricardo
      
      “Well, sir… I was just following orders as… you know… I’d actually like to not get fired for disobedience.”
      
      Sadly, it’s the way it works. Those cops can’t just say “I don’t think this is right so I won’t do it.” They can try, but that will end up in them getting fired.
    - Anonymous
      
      @Robert Park
      
      “It is for an isolated event that does not have world-changing consequences.”
      
      Some 50 million perfectly legal consumers can not access or reach their own material as a result, and are denied their primary distribution channel for said material. I’m suddenly wondering what your definition of “world-changing” is.
      
      “We were just following orders” is never a defense. In this case however, the culpability rests solely with the blithering idiot who issued a confiscation warrant while cutting corners.
    - Anonymous
      
      However, in that case, I’m not sure people could tell.
      The charges were basically “organized crime”. That the crime in question was copyright infringement was not really put in highlight. So, just consider the situation: you’re an elite anti-terrorist force, you receive an arrest order for “organized crime”… What do you think should happen?
      Here the fault does lie in the chain of order. The question would now be whether this was “a mistake in good faith” (yeah right) or an abuse of the system.
  - http://www.twitter.com/echoman74 echoman
    
    @Ricardo Good point but like @anyone said it truly is not a good defence. like getting a group of kids to pick on a fat kid, they were all there they knew what they were doing. They were bullying that kid because he was fat. No think if it were kim dotcom a bunch of goon cops trained to be a bunch of boneheads!! They have a meeting before they go knocking down on someone’s door.
    They didn’t seem to think of women and children they stuck to being a bunch of goons. Therefore as i previously stated they all need to be fired.
    - Mwhahaha
      
      Don’t get this hatred of the police over this, they were doing their jobs, what do you expect, a full scale revolution cos a fat man’s server’s have been detained but with the wrong paper work, when the right paper work would have made the arrest legal? The people who need to be altered are the people who make the laws that allow the things you don’t like.
      
      Hating the police over this is utterly childish and unproductive.
      
      Let’s keep this rational, mm’k?
    - Bebsaboo
      
      Except it’s nothing like that. People follow standard procedures every day without questioning them. It’s just a part of the job. It’s nice that you’re a Dotcom fanboy but you’re not living in the real world.
    - http://www.twitter.com/echoman74 echoman
      
      lol who said anything about fanboy? i am in the real world i’m in touch with reality i don’t hate all cops never did actually i find fbi agent to be more don to earth than actual local police. what i am angry about is the the cops who abuse thier power make up their own laws don’t follow the books abuse of power etc etc etc. so thanks in return for your comment ;)
    - Ricardo
      
      To add to Mwhahaha, as if all those cops even get to see the paper work.
      The higher ups get to see the paper work, they issue the order. Then you follow the order, as you will assume it is all done legally.
      
      If every cop has to question every order it would be chaos. There is a chain of command for a reason.
  - Anonymous
    
    Whether or not the cops knew the laws is irrelevant. Firing them isn’t about punishment, it’s about prevention. If you fire every cop involved, then in the future cops will think long and hard about their actions and whether they are legal or just.
    - Rohe
      
      This will not work. You have a chain of command. Someone is always the first who give out the command. If you can’t trust your superior, you don’t have a working system. The only true solution is to fire the guy who write the first wrong seizure order. Then the order of trust is ensured.
  - Fairandbalanced
    
    Ignorance of the law is no excuse. That’s what they love to tell everyone else. Of course the same rule doesn’t apply to them, according to them. How convenient…
- Obowd
  
  The Day Megaupload Comes Back! I knew it Would!
- Anonymous
  
  The one who should be fired is the idiot who gave the order to seize millions worth of asset without knowing for a fact that the paper in front of him actually justified him to do that.
  
  Or the idiot who issued such a justification without knowing the stringent criteria to which such a justification by necessity has to adhere.
Phil Landry

Ahah, that’s funny! I like legal drama, but this time it’s live! Anyway, I’ll go back watching Boston Legal!
- Anonymous
  
  DENNY CRANE!
Guest

We are know that it’s perfectly legal to distribute millions of copyrighted books, songs, TV shows, and movies. And earn huge sums of money while doing so. We can *ALL* do that now.
- Guest
  
  We are know that it’s perfectly legal to distribute millions of links to books, songs, TV shows, and movies. And earn huge sums of money while doing so. We can *ALL* do that now, but Google is King.
  - Rohe
    
    You are saying that MU should come back as a pure LINK-Hoster? :^)
Anoymous

So much for “in liberty and justice for all”.
- http://www.facebook.com/people/Ender-Wiggin/100000885624281 Ender Wiggin
  
  i didn’t know kiwi’s had that saying.
- Mwhahaha
  
  If they let him go due to incorrect paperwork, isn’t that actually justice in this situ?
  - Anonymous
    
    Don’t get this hatred of the police over this, they were doing their jobs, what do you expect, a full scale revolution cos a fat man’s server’s have been detained but with the wrong paper work, when the right paper work would have made the arrest legal? The people who need to be altered are the people who make the laws that allow the things you don’t like.
    
    Hating the police over this is utterly childish and unproductive.
    
    Let’s keep this rational, mm’k?
    
    It’s not about freeing Dotcom as much as it is about justice, transparency, and accountability. You seem to be missing those points. When police operate above the law, what the hell use is the law at all then? When THEY cover up their blunders, where’s the transparency? We rely on them to keep things right. What happens when they are corrupt? People want change. How do they start demanding change when they get sick of the BS?? REVOLUTION.
    
    Once again, I ask you, how would you feel if the police kicked in your door, ground YOUR face in the dirt, your wife, your children, all because they have the WRONG ADDRESS? Would you praise them for their fine efforts or would you want heads to roll?
    
    People have a right to be pissed and the powers that be have an obligation to provide transparency, justice, and a modicum of professionalism, don’t you think?? Otherwise, they are just as bad as the ‘bad guys’
    
    I don’t hate the police. I hate abuse of power and authority. I hate that anyone can be raped like that and have to smile and like it. Where’s the accountability? You’re seeing it here. They have to be just as accountable for their mistakes, and if it’s okay after the fact, they why the hell couldn’t Kim Dotcom makes changes after he was arrested, ie: after the fact? Because IT’S WRONG.
    
    How’s that for irrational. utterly childish and unproductive?? Give your head a shake. Or are you all for an Orwellian Society?
    - Tsunku
      
      heh i’d be scared shitless of the one who kicked in the door if it was mine. but since no human exists that can kick that door in, i know they’ll use explosives since that’s the only way to get that door down without the key well or picking the lock which is also next to impossible since it’s a cross key like + has 4 seperate sets of tumblers. major bitch to pick but can be done if you have about 3 hours of time and 2 extra hands haha.. the bolts on the door are 2 on each side and 2 top and bottom. it’s a highly secure door. yea i am paranoid or so they tell me haha but i’ve never once had a breakin or even an attempted breakin in over 35 yrs of living here.
    - http://7-books.net/ SleepyJohn
      
      Yes. But as someone observed earlier the ones to be held responsible are those in charge, not the foot soldiers. It is glib to say that ‘obeying orders is no defence’ when those carrying them out cannot possibly have any idea whether their actions are legal or moral. Obeying an order for a raid unaware that the paperwork is incorrect cannot compare with obeying an order to shoot a child.
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Anyone

hopefully he gets his assets back and can launch MegaBox
Ahaaaa

Yay hopefully my Platinum account and my 1.5TB file is still there on its database. Long live Megaupload and to file sharing world!

MAFIAA troll will fail to got us trolled
- Sense
  
  Personal stuff != Company stuff
Kablemo

Hmmmm… This is not over yet… I wonder what will come next…
Anon

Kim dotcom has made a fortune on other peoples work. That fat bastard should be punished accordingly. No prison time, but seize all assets which were gained by his websites.
- Guest
  
  The entertainment industry has made a fortune on other peoples work. Those fat bastards should be punished accordingly.
  - Mwhahaha
    
    Yes they should both be punished, why Kim fatcom is being lauded for being worse than the industry I will never understand. He profits directly and massively from other people’s works.
    
    Share for fun, not for profit.
    - Anyone
      
      he did not share for profit.
      he offered a service that people chose to pay for, you could use MU without paying him a dime and still get decent speed and short waittime.
      
      the MAFIAA on the other hand rips off both their customers and their artists.
    - Kr0nZ
      
      Hi anyone
      don’t waste yoit breath, the children that post in these comments will never understand that.
      
      They seem to think becauae they live at home for free that everyone gets everything for free, thry don’t thono people should maie $$$ time invested in provideing a FREE service to THEM
    - Anonymous
      
      Yes and no. To be fair you can argue that he benefits as a side effect. The main use of megaupload premium accounts is in order to ensure that you, as a customer, have the ability to upload and distribute your personal works – i.e. as an alternative distribution channel.
      
      That the same system which allows and encourages this also allows and encourages copyright infringement is unavoidable.
      
      You can make a moral condemnation on Kim for directly or indirectly encouraging the use of megaupload for distribution of ANY material, but i see no way to disallow him that model without collateral damage far worse than the potential gain.
      
      To paraphrase Déscartes…I may not agree with his business model but I am forced by my conscience to stand in his defense.
- Anyone
  
  he offered a great service and got paid for it.
  it’s capitalism working
  
  MU never forced anyone to buy a premium account, it was better for free than most other cyberlockers, so he did not rip anyone off (one could argue that the now defunct “lifetime account” is a rip-off, but that’s hardly his fault)
- Guest
  
  For many people it is their daily job to make money off other peoples work, for example I go out to work and my boss just sits at home and helps himself to all the profits of my work. It is not what I see as grounds to punish somebody.
- Guest
  
  let’s try that differently, MPAA has made a fortune on other people’s work. they should be punished accordingly. yep sounds much better.
- foff
  
  Fuck you troll. How did he do that? Did he actually sell or advertise anything as his own? No! Stop buying the propaganda and inventing law. You can claim he assisted copyright infringement by his activities but this is invented law by judges there is no law passed anywhere that defines that. Digital files = Public domain there is absolutely no way to protect a copyright once it is on the net. No copyright law should apply or law should be applied to something that is impossible to prevent or enforce. So stfu.
- Anonymous
  
  Really?
  
  And what about the 50 million perfectly legal customers who had their own assets “seized” as a collateral result?
  
  Is your statement a new argument to back up your previous claim that it would be morally defensible to have Mr. Dotcom raped in prison? Or is it just another tirade on why the interests of one very narrow segment of the economy should override common law and burden of proof?
- Anonymous
  
  Well trolled.
Dickbukkake

I still worry for Kim and don’t see this case ending in roses and fluffy kittens. The police retrospectively filed the correct paperwork and the judge has yet to make a ruling, in my world that is known as false hope.

Even if the NZ court does make the right decision, the extradition request remains, evidence gathered by the FBI still exists and they’ll likely have an “illegal copy” of this property to hand.

The irony.. an illegal copy.. and here I thought that it was just stealing ;)
- Neutron
  
  From the article:
  “But Dotcom is not guaranteed to get his property back.”
  
  Canterbury University professor Ursula Cheer said the law made allowances for mistakes and the case would only be fundamentally affected if Dotcom’s lawyers were able to produce evidence showing a lack of good faith.”
  
  I doubt thats the route of enlightenment here.
  - Stellablu777
    
    you may have also cited the rest of what she said..This was “so high profile, anything like this looks extremely bad,” she said.
    
    and we know from previous police statement that all of this has been long in the plannign and has involved a host of legal experts.the following is from the official police statement after being questioned on the proportionality of the raids:
    
    An OFCANZ team of five picked up the case last September and worked intently to meet their goal of a mid-January termination. “The level of commitment shown by the OFCANZ investigative team was outstanding. We also benefitted from input by staff from several specialist groups who contributed their expertise before and during the termination phase.”
    
    and as it happens, the dawn raid suited the FBI very well…mistake or lack of good faith? I’d say the latter is not as outlandish as you make it sound.
  - Anonymous
    
    …the case would only be fundamentally affected if Dotcom’s lawyers were able to produce evidence showing a lack of good faith.
    
    I’m thinking right here that may be a can of worms no one wants opened. If you start looking at the proceedings too closely, what would you want to wager you’ll find notable discrepancies in every way, from how the case was first handed to the NZ authorities all the way to the absurd way the NZ decided to send a raid the size you’d expect if Mr. Dotcom had been building nuclear bombs in his basement.
    
    I’m thinking someone in NZ seems desperate to demonstrate strong and decisive action in front of decidedly non-NZ interests. And that this will emerge once you start questioning the massive overkill involved in the police action.
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http://pulse.yahoo.com/_PXX4S66KOUIGIKTTIMV3CBGO7Y Colin

It seems to me that by using the ‘wrong’ type of court order, the filth got the advantage of seizing Dotcom’s property without his having an opportunity to challenge the order in court before it was enforced.
The fact that they later got the correct type of court order does not alter the fact that they seized his property without the due process that was his right under NZ law.
Based on that, I’d say he should get his property back. Then if the plod want to reapply to the court to seize his property using the correct order, they can be challenged in court. That would be fair to all parties.
Of course Mr Dotcom, if his property is returned to him, might put it somewhere out of the reach of NZ and US authorities, which would serve them right.
- Mwhahaha
  
  It seems to me that Kim benefits from this far more than the state as he’s possibly being set free and now knows not to be such a dumbass in his emails in the future.
http://www.notebooknerds.com/ Buy Laptop

Absolutely crazy… I cannot believe this went down the way it did. At least now the truth is starting to come out, and we can see the story for what it really is.
http://www.francky.me Franck Dernoncourt

Well that’s about time!
http://keverw.com/ Kevin Whitman

I never really used Megaupload but I don’t see what they did wrong. They followed the DMCA. Plus people used it for legit uses, and non legit uses also. Like some developer related sites I seen would post zipped up code samples on sites like Megaupload.
- MadAsASnake
  
  Apparently, some people in the US don’t seem to think DMCA applies. Not quite sure why… these are the same people extolling us to obey the law, of course.
- Anonymous
  
  This is what happened:
  
  When someone sent them a DMCA takedown, they would remove the link to the file, not the file itself. They had system that would hash and index files so if someone uploaded a file that was already there, it would just give them a new link to the existing one. An efficient system, but the copyright cops weren’t satisfied. Then the site had an automated system that removed illegal, explicit content, but it wasn’t applied to copyrighted stuff. (they had no legal obligation to, the DMCA does not require you to filter and police everything your users post, nor does it make you liable for them) The MAFIAA was angry and jealous that they refused to implement this, so they used that as a basis for accusing Megaupload of “deliberately facilitating copyright infringement”
  - Anyone
    
    to expand on the first point of DMCA takedowns: they cannot takedown the actual file (if it only exists once), since then it would take down also all the links of the people who uploaded it under fair use, so for the MAFIAA to complain about that would be asking MU to actually break the law.
    
    and of course they had a filter system for illegal content, since there is no legal use of that and MU could actually be held accountable if they keep it for too long.
    
    the MAFIAA doesn’t want to obey the law, they want to be above it.
    - Anonymon
      
      Yet Dotcom claimed that they had direct delete access to their servers.
      
      So I call bullshit.
Gae

Yes it is quite interesting how if the correct order was used in the beginning then he would have had the opportunity to put up a proper defense, but instead they wrongly take away all his property and once he has no means to prepare a defense with full access to his resources then they decide to use the correct order. I wonder just how much of a ‘mistake’ this actually was…
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Anonymous

This is yet anther example at how badly this raid was planned and executed by the DHS, FBI and others. A raid of this magnitude should have taken years in planning but here they are throwing together a sloppy and faulty raid in only a few months.

You certainly have to wonder during such massive errors at how safe their claims of wrongdoing are? We have long explored that one of course and the DHS seem like idiots who act with malice.

Well what can you say to this one when their original seizure order was invalid and we should certainly ask why the original Judge did not spot this mistake instead of just rubber stamping every Government request like a sycophant?

So come raid day the NZ seizure of Kim Dotcom’s various property was done unlawfully. That little fact does not change just because they later filed the correct paperwork. And what the Hell is this about seizing items not even on the first seizure order but then adding them to the second order? That clearly shows they have acted beyond the court order and simply expect the justice system to fold to their every whim.

I see a great deal of “acted in bad faith” here but of course that is up to the current judge to decide. I can only believe this is but an early example of the vast array of problems due to be exposed as the DHS’s claims start of fall apart. Yes DHS you should have run a civil case first to validate your claims.
- Neutron
  
  Since nobody here knows the “lived” legal proceeding in NZ, the question remains: its a simple blunder or not? Many newspapers there report statements, that this happens there all the time. It looks bad, but in fact he couldn’t have done anything to prevent seizure – because the accusations are so high, that no judge would have giving him any sort of leeway here. Read the newspapers.
  - Stellablu777
    
    i’ve read all the NZ newspapers on the matter that are avaiable online, and none mentions that ‘this happens all the time’. In fact, NZ has a reputation for being ‘clean’ and a country in which the rule of law works well. would be interested to hear which newspapers you have read which said this happens all the time – give me some article references, preferably.
  - MadAsASnake
    
    Umm – minor irregularities are tidied up all the time. This isn’t minor – it was the basis of quite a lot of that raid – you 70 cops (including all the armed ones). That does NOT happen every day in NZ.
  - http://pulse.yahoo.com/_PXX4S66KOUIGIKTTIMV3CBGO7Y Colin
    
    “Because the accusations are so high”, he couldn’t have done anything to prevent seizure.
    OK Neutron, I accuse you of planning to drop a tactical nuclear weapon on Hollywood. I have no evidence to support my wild claim, but because my accusation is so serious, the Feds are entitled to seize everything you own. Somehow, that doesn’t seem right to me.
- Guest
  
  doesn’t work that way, criminal cases come before civil cases. if they try a civil case first then they can’t proceed with the criminal case nor can they use surprise to catch the suspect/defendant unaware.
  - Anonymous
    
    Well I am not talking about the DoJ taking action directly but in using one of the best copyright cartels to file a major civil case. This is not so much about criminal charges but in proving the basic step that MU broke DMCA law.
    
    Should that have been done then filing criminal charges would have made much more sense and they could have justified their actions in “look here this is a convicted law breaker”
    
    Instead what we have now is a massive case that hinges all on that one point of if MU broke DMCA law or not. Should the court rule that Mega lived up to its DMCA obligations, where Mega sure have tons of evidence there, then being a lawful operation will make all their more serious charges quickly collapse. So the whole case they have now is built on very shaky ground.
    
    Also this is certainly not a case where justice applies when this is nothing more then political bullying and a War on infringement. Mega had a whole team of lawyers to ensure they stayed lawful but one Mega Song undid all that. lol
Anonimo

Oh god, IDGAF about that fat ass.

I NEED my fucking files back FFS!

Someone knows if they’ve already wiped the whole thing? Cause I read somewhere weeks ago that because Kim cannot afford to pay the bills the farm would wipe the servers.

My god, so many things I had in there, so many old backups, so many folders.

>Inb4 never have just one copy. Meh.
- Anyone
  
  they are still held at the hosting company, I think payment is secured for 6 months, so for now they are still safe
  - Guest
    
    eh? i could swear the fbi seized those servers and have the data in their hands.
    - Anyone
      
      no, they are still at the hosting company since MU did not own the servers they could not be seized
  - Anonymous
    
    and since the EFF et al are working on a lawsuit for people to get their files back… Join the lawsuit ^^
Guest

Megaupload = bad
MAFIAA = good

/trololol
http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly

I cant see this helping him much

The case is being driven from the states. Whatthe NZcourts have juristiction over is Dotcom’s personal assets in NZ and the issue of the current extradition application and the same for the other megaupload staff in NZ and any .business accounts held there.

Any seizure of other assets would be subject to the courts of the countries they are located in, Hong Kong + any hosting providers.

The other thing to remember is Dotcom’s bail. The feds argument that he should remain in custody owing to him being a flight rick was rejected by the court as his assets were already frozen. Return of those assets would trigger the feds to call for his bail to be withdrawn.

With the level of doubt, blunders and criticism of this case so far. It should not be assumed that the feds will be able to extradite him from NZ. Also though Dotcom might want to clear his name, it is questionable if he would get a fair trial in the USA. Not only the issue of presumed innocence but the disproportionate nature of the penalties.

Were the NZ courts to go as far as to reject the extradition request, they would also have to reopen Dotcom’s citizenship/residency application as he would no dould apply for political asylum on the same grounds asa extradition rejection
- Rohe
  
  The problem with the case in the USA is, that they created an ad infinitum deep legal framework where practically asking someone for money that could be used for _potential_ illegal activities can be “considered” money laundering. These are very wishy-washy laws there and some people fight them for 10 years now. You might waste millions on your defense and you might not go to jail. But you will waste years, if not decades of your life with this. And a huge pile of money.
  
  So everybody is eager to strike a deal, let the “system” appear they have won. Getting 12 month in a low security jail and paying $10.000 in fine can fast track complex cases. Thats the reason you simply should *not mess* with these insane, corrupt people.
  - Guest
    
    that’s why you get it all in cash and never put it in a bank, no records, no paper trail, no way for them to steal^H^H^H^Heize it.
  - http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly
    
    What I am disappointed in so far is that the likes of rapidshare are running scared rather than digging their heels in and work in support of Megaupload, though we have yet to see what if any support they offer mega in court.
    
    The point is the the MAFIAA are up to their necks in this case. If lost, the feds would not only lose face but be open to compensation claims for both personal and corporate losses from what was one of, the largest filelockers online until shutdown.
    
    Looking at the bigger picture tyhe case could be the best chance of breaking the MAFIAAs lobbying power in a long time.
    - david hall
      
      At that, if they lose this case, it could even result in a demand from the public that they change the law to make what can be “considered” money laundering VERY strict, and written in stone, so that this sort of shenanigans by the MAFIAA and the like are no longer allowed.
- Anonymous
  
  Even if they do return his seized assets it would be better for all if these asserts were assigned to a Court selected Administrator just like now. Then Kim Dotcom’s needs can be provided without any money misuse that would then not affect his bail conditions. The only different here is that once the need for bail has ended then full control of his assets return to him.
  
  I am only doubtful that the Court has the power to restrict someone’s access to their own property if these are not lawfully seized. However I believe Kim Dotcom would voluntarily allow Administration to avoid problems. Yes this may only be NZ assets but those are sure to be large and it is a start on the rest.
  
  I would not put too much faith into extradition being denied. As like in the UK/US extradition treaty they are rather too keen to ship them off. In many ways it is not up to the Court to judge his innocence but to see if there is basis for a crime worthy of extradition and even then he could be stitched up.
  
  Well I would not say Kim Dotcom would not get a fair trail in the USA where the problem there is more one of showroom drama and which side puts on the best show to bullshit the jury.
Anonymous

Him getting his assets back doesn’t mean that MU + its files are coming back up you morons!!

This just means that if he does get all his valuables back he can pack 5 suitcases full of cash and fly private jet to dubai and live happily ever after without being worried of going to prison. //Story.
- Sense
  
  Yeah he could do that. Don’t you think he have more to gain fighting? This can be the revolution that we waited for. MU vs Copyright
  - Anonymous
    
    You must be so naive and optimistic about this “great news” (ps. I tipped TF on it) that you fail to see the larger picture.
    
    No matter how much money you have, you cannot pay off the same judges, promise the politicians of a fat pension after they retire, donate to law enforcement and their “fallen ones” etc. etc. ….That’s stuff that the MAFIAA has done and will do in the future in their “lobbyist” plan to take over the world (quite literally). MU will LOSE this case and Kim should know that unless he’s running around with the same blind-shades as you. You simply cannot WIN against the Government. The same Government that was paid off to arrest him.
Stellablu777

whatever the outcome, it seems that by this ‘procedural mistake’ the crown/FBI got in early with the ‘dotcom is a master criminal’ story, simply by the fact that they got permission for the raid and the asset seizure (the way this has been reported in the media is self-evident: only big mafia bosses have their assets seized like this, therefore he must be a master criminal…). The television pictures and the media fallout was a big part of what the FBI wanted, and this *mistake* just seems to be a little bit too convenient for them. Just why the crown would be so prepared to go along with them is open to speculation, but if you read the original NZ herald report, the person who signed the wrong order is not only the general prosecutor but also a cabinet minister of the current very pro-US NZ government…the point at which law and politics meet…
- Anonymous
  
  in other words biased in favour of and at the same time shit scared of the US! perhaps the retirement plan includes emigrating to the US and getting a RIAA/MAFIAA job at a gazillion $ a year? this person needs a severe arse raping when it’s all over and done with!
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http://twitter.com/funnyandspicy funnyandspicy

In retaliation the US will send a drone strike.

http://goo.gl/fjbqO
Gg

Bullies aren’t exactly know for their brains
Jerryd74

Let the fat basterd go
Anonymous

can someone tell me, please, is there anything about the whole Mega episode that has been done correctly, lawfully and according to the law or has it been nothing but a complete (hopefully) fuck up on the part of both the US and NZ law enforcement offices? whoever Anne Toohey is, she doesn’t seem to have much of a clue about anything she’s doing. as for Police Commissioner Marshall, how can he be allowed to apply for the correct order after the raids were completed and retrospectively add the items already seized? he is supposed to be a very high ranking official in the Police Force, not some new recruit that’s learning the ropes. surely it must mean that as the original order was incorrect, it must have been an unlawful raid or at least some of the assets seized should not have been? to me, this shows just how biased the whole thing has been/still is from start to finish! i hope the Mega lawyers can get a real advantage from this!
- Guest
  
  yes, on the indictment, they very correctly turned the date back on the stamp to january 5th when it was really january 20th.
http://mattrhysdavies.com Matt Rhys-Davies

Perhaps something to do with the weight of the the States breathing down their neck over something which is blatantly outside of their jurisdiction.
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Anonymous

Just goes to show that the Police and the MPAA/other scum’s overzealousness to arrest Dotcom has blown up in their faces. What a shame. /sarcasm.
- http://facebook.com/Brent.Taylor007 Brent Taylor
  
  Not really…. look how many more sharing sites went down afterwards, mission accomplished in their eyes.
  - Anonymous
    
    Sure if they want citizens to live in fear of their Government namely a tyranny.
    
    Governments should fear the people and not the other way around
    - http://facebook.com/Brent.Taylor007 Brent Taylor
      
      I know this, you know this, the other 1% knows this… NOT the 99% of the rest sheeple.
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david hall

Last I heard, they still hadn’t wiped the contents of those drives. Mind you, that was weeks ago, but I suspect we would have heard about it by now if they had. One thing Kim Dotcom getting his monetary assets back would be able to do would be to pay for the various places hosting those drives to continue holding them in place and preserved for later reuse if he DOES win his whole case. Paying to have those drives, and thus their contents, continue to be retained at the hosting services does not constitute them being made available to others to get at all those files just yet, other than maybe for the time being allowing those who placed them up to get at their particular, uploaded files again. I don’t expect those files TO be made available to all, or even any of them to ANY of his customers, until or unless Kim Dotcom wins the whole case all the way to the end of the matter. If he could allow those who uploaded their files to get at their own files, that would be a good thing, but making those files available, even only to those that uploaded them, is a separate issue from the matter of preserving all those files for later as a matter of course. I WANT those files preserved. This is even though I never uploaded any of them. This is why I hope and pray that Kim Dotcom DOES get his assets back, simply as a matter of principle.
- Anonymous
  
  You think Kim will pay 2-3 years in advance for them to hold the harddrives when he can just:
  1. Keep the money and preserve it for the family (somehow launder it so it becomes cash only and dug down in a forrest in NZ)
  
  or
  
  2. Sell the harddrives and get monetary compensation from that and use that as defence?
  
  You think Kim really “works for the people”? Is that the reason why his colleagues were doubting him at one point? The guy will throw you under the bus to save his own ass.
  
  When the guy gets his assets back he’s going to see how much cash he can get out of the bank without FBI noticing and then hitting the private jet off a small strip and jetting straight to Qatar/Dubai.
  - Anyone
    
    he doesn’t own the harddrives, he only rented them.
MadAsASnake

If I read this right, they selected the wrong procedure because they were looking for one that did not give him a chance to defend the seizure. It looked to me that the seizure was an integral part of the raid and couldn’t have gone down the way it did without it. It’s highly prejudicial at the very least. Like everything else in this case (the laws, the procedures…) they seem to be making it up as they go along.
- Anyone
  
  since he did not break any laws they “had” to do it this way to get him.
  - MadAsASnake
    
    He didn’t break any laws. How inconvenient for Dodd and Doj.
    - http://profiles.google.com/zerianis10 Christopher Kidwell
      
      True. The more that I look at this, I and the lawyers who I know are having an extremely hard time finding any even New Zealand law that this guy broke with MegaUpload.
Anonymous

lol, those knagaroo courts totally crack me up man, wow.
Anon-World.tk
- Guest
  
  lol, you are really spammy, wow.
- Anonymous
  
  DISQUS anti-spam measures are sorely lacking, going on 12+ months now with this rubbish.
  
  I advise TF to strongly reconsider making their own commenting system as this is beyond a joke.
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http://modmyi.com/forums/iphone-4-new-skins-themes-launches/740147-neurotech-hd.html#post5637502 Jay

Even if he never gets his stuff back, and assuming he doesn’t go to jail, he should still be well-off.
Brett Cooper

Dotcom has embarrassed the NZ government over his residency application, I think they will do there utmost to get him out of the country. This error will change nothing.
http://profile.yahoo.com/UE5UQ7YTPXN5DMGTKCKEQPXT3Q Magdalena

Ṁy roomate’s Ṁoṁ Ṁaĸes $81/hr on the ínternet. she has been laíḑ oḟḟ ḟor seven Ṁonths but last Ṁonth her income was $16065 just worĸíng on the ínternet ḟor a ḟew hours. Reaḑ Ṁore here..MakeCash2.com
http://profiles.google.com/zerianis10 Christopher Kidwell

In most countries that adhere to the rule of law, the police CANNOT go back and apply for the ‘correct’ order in order to keep seized assets. It’s one time bite at the apple, you get it wrong the stuff has to be returned.
7th-Guest

Interesting development I should say.

Now, let’s see if all those frozen assets are given back to Dotcom, and more importantly, will those assets include those raided in Hong Kong, where Megaupload resided?
- MadAsASnake
  
  Wouldn’t think so. Hong Kong would need to have been a separate seizure. However, if the DOJ case continues to crumble away, the Hong Konk folks might be convinced that the seizure was unwarranted and release the stuff. Would expect that too quickly.
  - Anonymous
    
    No. Hong Kong folks are US’ pets. They have the spine of a snake. Even more wobbly than the NZ’ spine!
http://www.klingoon.com/ Price Comparison Website

There is no justice.
Anonymous

Well now I hope he does get his assets backed.This whole case is very shady on the Government’s part and even if he is guilty I would rather see him free.
http://www.facebook.com/ValhallaLegend Andrew Lee

LMFAO I have only one thing to say. HAH!
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foff

Hell yes so common sense finally. This case is pure pure bullshit it should fall apart. Since when should the US act like they rule the world by ordering a foreign country what to do on charges that make no sense at all. NZ should tell the US to fuck off.
- Desu75
  
  Just another day for the US for the past 150-some years. Ever since Commodore Perry landed in Japan.
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Guest

Wow, really? First they demand that Kim Dotcom have no access to the Internet for fear that he has assets that a whole SWAT-backed investigation team failed to find, and now this?

Seriously, Anon/PelouzeTF/WillaLavie/Neostyles, get your stuff together if you want to watch our “demise” from afar atop your moral ivory tower. If you have charges against this guy and you’re confident, go ahead, but don’t expect sympathy when the enforcement on your side not only fucks their shit up, but apparently spends years trying to find something incriminating, spends tons of misappropriated and misprioritised time and resources, and THEN fucks their shit up. Even the bystanders will be calling shenanigans.
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Guest

Kim’s biggest mistake was flaunting his wealth. He should be using his fortune to push for laws which promote freedom. Hopefully he sees that now and will make the internet less of a haven for the nasty vultures.
Ff

i urge him to get a private flight right away and head straight to Germany, buy a helicopter if you do.
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Your Mom

Mega blunder.
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Smark00

What a bloody waste of time and resources. So, you have one company that was shut down mafia style by the FBI, the service provider who now has to pay bills while suffering financial losses and tackling with a humongous task of maintaining 25 petabytes of data. In addition, all subscribers have lost access to legit data.
I don’t really give a fuck about Megaupload or file sharing but, what I do care about is that, the internet has been and will always be the free medium for sharing information. And if you fail to protect your intellectual property from being copied then that’s your issue. No need to bitch about the internet like the MPA. Fuck MPA.
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Anonymous

Potter hurry up and give back his property!

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