Megaupload Asks Court to Dismiss The Criminal Case

[ShareShiz]

Megaupload Asks Court to Dismiss The Criminal Case
By Ernesto

For the first time Megaupload has filed a motion in response to the U.S. indictment. Kim Dotcom?s legal team has asked a Virginia federal court to dismiss the criminal case the U.S. Government started in January. The defense argues that the U.S. violated Megaupload?s due process rights by destroying its business, without having properly served the company. If granted, this means the Megaupload case will be over.

In January, the U.S. Government announced that it had initiated one of ?the largest criminal copyright cases ever brought by the United States.? That case was brought against Megaupload and its key employees, including founder Kim Dotcom.

The authorities seized domain names, servers and personal belongings, and asked for the extradition of the defendants who were all arrested abroad. Since then, Kim Dotcom and his colleagues have been fighting against extradition in New Zealand. Today, the focus is shifting to the U.S. case.

Megaupload?s lawyers just filed a motion to dismiss at the District Court for the Eastern District of Virginia. Their argument is simple. The U.S. authorities failed to serve Megaupload as is required in a criminal case. Because of this failure and the fact that the company was effectively put out of business, Megaupload?s due process rights have been violated.

To claim a due process violation Megaupload has to shows that a liberty or property interest which has been interfered with by the State and that the procedures attendant upon that deprivation were constitutionally sufficient.

According to Megaupload?s lawyers this is certainly the case here.

?Both prongs of the procedural due process test are plainly met here. The Government has seized Megaupload?s property and domain name, ruined its reputation, and destroyed its business pursuant to an indictment which is fatally flawed as a jurisdictional matter. Megaupload now finds itself in a state of abeyance, with no end in sight,? they write.

?As a result of the Government?s inability to properly serve the summons on Megaupload, this Court lacks jurisdiction over the company. In the absence of effective service of process, criminal proceedings against Megaupload cannot commence, and as the Court has aptly noted, we ?frankly don?t know that we are ever going to have a trial in this matter?.?

Megaupload?s legal team therefore concludes that, ?Megaupload is thus deprived of any procedure to clear its name or recoup its property, in clear violation of its due process rights.?

The crucial issue in the motion to dismiss is that Megaupload was never served. The origin of this problem is not merely a matter of oversight. Megaupload?s lawyer Ira Rothken previously noted that unlike people, companies can?t be served outside US jurisdiction.

If this issue indeed prevents Megaupload from being tried in the US, it would be a blunder of epic proportions. And the fact that District Court Judge O?Grady previously acknowledged that this ?issue? warrants further investigation, suggests that the motion filed by Megaupload could be the beginning of the end for the Megaupload case.

ShareShiz Reviewed by ShareShiz on 31st May 2012. Megaupload Asks Court to Dismiss The Criminal Case Megaupload Asks Court to Dismiss The Criminal Case By Ernesto For the first time Megaupload has filed a motion in response to the U.S. indictment. Kim Dotcom?s legal team has asked a Virginia federal court to dismiss the criminal case the U.S. Government started in January. The defense argues that the U.S. violated Megaupload?s due process rights by destroying its business, without having properly served the company. If granted, this means the Megaupload case will be over. Rating: 5

[ms7]

good luck to them!
Us acted abusive and is time that megaupload get "justice".
Of course, this us justice sistem is corupt and i have a feeling that money hungry corporations who wanted megaupload gone so they can intimidate every filehost/torrent tracker would win..

[shadow.prx]

So much win if this gets accepted

I want Kim Dotcom to win just because it will be a smack in the face to the US, That they cant barge into other countries trying to take citizens and shutting businesses down without proper evidence just he say she say

New Zealand courts have already shown that they are on his side because they are looking at him as a human being with rights, Not just an object the US thinks they can squeeze money out of so even if this does fall he has still got that.

[imagepad]

So much win if this gets accepted

I want Kim Dotcom to win just because it will be a smack in the face to the US, That they cant barge into other countries trying to take citizens and shutting businesses down without proper evidence just he say she say

New Zealand courts have already shown that they are on his side because they are looking at him as a human being with rights, Not just an object the US thinks they can squeeze money out of so even if this does fall he has still got that.

You do realize the New Zealand government are the ones that approved of the entire thing, right?

[examan345]

hopefully everybody will get there files back

[Gonzo1136]

The NZ government not only bent over for US, but willingly spread and guided the huge piston into her rear opening in this case.

[UKInternetGroup]

examan345 - i doubt people will get there files back, i doubt the servers will ever see the light of day again!

Im backing him, the US need a wake up call!!

[JGM]

WELL IT'S ABOUT DAMN TIME!

If MU win then I really really REALLY hope that they then counter sue the U.S for this monumental face palm! With any luck it might slow them down and make them think that they are not the be all and end all of the world like they think!

JGM.

[WDF]

You all realize if this does get tossed out it is because of some procedural issue.

All it means is the case and all the petitions and services need to be refiled, again a procedural thing.

The corporate interests involved are probably waiting until the US judges rulings to set the lawyers upon the courts in the appropriate jurisdiction for new filings to commence. I would bet the papers are signed and waiting to be filed in the courts.