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Megaupload lawyers press for dismissal

Point to the government’s conduct
Fri Nov 02 2012, 09:47
Gavel

LAWYERS REPRESENTING Kim Dotcom's Megaupload have filed a brief in support of their motion requesting dismissal of the case against the firm.

The lawyers of the Rothken law firm, have fought the case and the charges against their client since Megaupload was raided ten months ago.

In the brief filed in US District Court (PDF) they point to a range of problems with the government's behaviour that starts as early as the raids on Megaupload and Dotcom himself.

"Sadly, the Government's conduct of this case [raises] grave questions about whether the Government is out to play judge, jury, executioner, and asset collector without benefit of the adversarial process and protections, including those of Rule 4, to which this corporation is entitled," they said in a statement.

"Certainly the prosecution to date - by freezing assets, by foreswearing proper service, and by steadfastly refusing to lift a finger or spend a cent to prevent ongoing spoliation of server evidence (not to mention deprivation of innocent users' rightful property) - has denied Megaupload any semblance of due process."

This week Kim Dotcom thanked his lawyers for working without payment so far, and to be fair, they do seem to be doing a rather good job.

In their latest filing they complain that the government has denied their client the opportunity to mount a fair defense.

"Nearly ten months have elapsed since Defendant Megaupload [...] was branded a criminal, yet it has had no opportunity to date to clear its name or to challenge the charges against it," they added.

"Ten months have elapsed since every penny of the company's assets was frozen, yet there has been no pre or post-seizure hearing for Megaupload to contest the propriety of that action."

This week the law firm requested that it be allowed to participate in a case raised by an individual Megaupload user who is trying to get back the data he stored on its servers.

Again, the law firm stood up for these users, saying that their data had been out of their possession long enough already. µ

 

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