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Megaupload lawyers want charges dropped

Question whether correct processes were followed
Thu Oct 11 2012, 09:49
Kim Dotcom Megaupload

LAWYERS working for Kim Dotcom in the Megaupload case have asked for dismissal of the copyright charges against them.

The case so far has been murky, and while Dotcom is accused of all sorts of things, including racketeering and money laundering, the authorities have been found to not always have worked within the law.

It is possible that Kim Dotcom will never be extradited, and his lawyer, Ira Rothken is arguing that he should be released from the legal limbo in which he finds himself.

"Before this court is a corporation that has been criminally indicted, has had its website seized, has had its business destroyed, has had all of its assets criminally frozen, and then been left in an indefinite, ongoing state of criminal limbo, all without the government complying with (a rule requiring charges to be served on the company)," wrote the lawyer in a memorandum (PDF).

In an interview with The INQUIRER Rothken suggested that the case was flawed and pointed to illegal activities by the authorities.

"Now that these procedures are coming under scrutiny they appear to have violated the law at nearly every part of the process. From an illegal search warrant to what we believe is an illegal military style raid, to illegal data sharing with the US, illegal spying and ultimately what we believe is an overbroad takedown of the entire Megaupload enterprise," he said.

Again Rothken said that issues like these and the treatment of his client make it unlikely that any trial, should one go ahead, could be carried out fairly.

"Given what we perceive as the influence of Hollywood on the current administration in [Washington,] DC, we think that the totality of circumstances show that it is likely he would not have a fair procedural landscape here in the US at this time," he said. µ


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