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Megaupload applies for Hong Kong assets takeaway

Wants court to drop US restraint order
Thu Apr 24 2014, 09:24
Kim Dotcom Megaupload

KIM DOTCOM has applied for the release of Megaupload assets in Hong Kong, having just won the release of his assets in New Zealand.

A statement on the Rothken law firm website says that Dotcom has appled to "set aside" the US Department of Justice (DoJ) restraint order. It says that this is intended to reunite Dotcom and others with their Hong Kong assets, and Megaupload users with their data.

The Megaupload legal team looks to have a decent case, particularly given the release of assets in New Zealand, and the statement suggests that the DoJ restraint order - effectively a block on access to assets - should not be maintained because of a number of failings in the US case.

"Over two years later, the US DoJ has yet to serve Megaupload or initiate substantive criminal proceedings against it, trapping Megaupload in a state of criminal limbo. During that time, the restraint order has prevented Megaupload from conducting business or paying bandwidth expenses needed to return cloud storage data to users," said Megaupload's global litigation counsel Ira Rothken.

"Needless to say, Megaupload and its cloud storage users have been severely prejudiced by the US DOJ's conduct. Indeed, as further argued in Megaupload's application, the US DOJ's inability to prosecute Megaupload over this long period of time is grounds to discharge the injunction independent from the US DOJ's nondisclosure."

Kim Dotcom smells victory in the air, and he was overjoyed to win access back to his New Zealand assets. On Twitter this week he suggested that the badly-handed raid on his business could result in a $2bn civil claim. µ

 

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