Following the 2012 raid on Megaupload and Kim Dotcom, U.S. and New Zealand authorities seized millions of dollars in cash and other property.
Claiming the assets were obtained through copyright and money laundering crimes, the U.S. government launched a separate civil action in which it asked the court to forfeit the bank accounts, cars, and other seized possessions of the Megaupload defendants.
However, Dotcom didn’t give up and petitioned the US Supreme Court to hear the case. Together with the other defendants, he wants the Supreme Court to overturn the “fugitive disentitlement” ruling and the forfeiture of his assets.
The crux of the case is whether or not the District Court’s order to forfeit an estimated $67 million in assets was right. The defense argues that Dotcom and the other Megaupload defendants were wrongfully labeled as fugitives by the Department of Justice.
“If left undisturbed, the Fourth Circuit’s decision enables the Government to obtain civil forfeiture of every penny of a foreign citizen’s foreign assets based on unproven allegations of the most novel, dubious United States crimes,” Dotcom’s legal team wrote.
The United States Government disagrees with this assessment. In their opposition brief (pdf), submitted late last week and picked up by ARS, the Department of Justice asks the Supreme Court not to take on the case.
According to the US, the decision to label Dotcom and his colleagues as fugitives is how Congress intended the relevant section of the law to work. In addition, the current rulings are not incompatible with previous court decisions in similar cases.
“Petitioners also seek review of the court of appeals’ holding that they qualify as ‘fugitives’ under the federal fugitive-disentitlement statute […] because they declined to enter the United States with the specific intent to avoid prosecution,” DoJ writes in its brief.
“That contention does not warrant review. The court of appeals correctly construed Section 2466 in light of its text and purpose. Its holding applying the statute to the facts here does not conflict with any decision of another circuit,” the brief adds.
The full opposition brief responds in detail to the petition of Dotcom and his colleagues, with the US ultimately concluding that the Supreme Court should deny the request.
Dotcom and his legal team have previously stated that they need more resources to mount a proper defense against the criminal complaint. The case has been ongoing for more than half a decade and is being fought in several courts, which has proven to be rather expensive.
Whether the Supreme Court accepts or denies the case will likely be decided in the weeks to come. Until then, the waiting continues.