The US Government – who accused founder Kim Dotcom and employees of running a criminal operation – have fallen flat after a procedural error.
According to the judge, because Megaupload was never formally served with the applicable documentation by US authorities, the trial may never go ahead. Furthermore, the judge has stated that it is impossible to serve a foreign company with criminal charges.
Judge O’Grady has told the FBI that because Megaupload was never served with criminal charges, the trial cannot be started. The starting point of this problem is simple – they didn’t serve the paperwork because the literally couldn’t. Megaupload’s lawyer Ira Rothken says that unlike people, companies can’t be served outside US jurisdiction. Megaupload’s lawyer adds that he doesn’t understand why the US authorities weren’t aware of this problem before. As a result Judge O’Grady noted that Megaupload is “kind of hanging out there, I frankly don’t know that we are ever going to have a trial in this matter,”
If this matter actually prevents Megaupload from being tried in the US, it would be a large mistake that could see Kim Dotcom fit to take the US to court for fault. Last month the New Zealand High Court acknowledged the order used to seize Dotcom’s property was “null and void” when it was revealed that the police had acted under a court order that shouldn’t have been legally granted. The boo-boo dates back to January after the police applied for the order allowing them authorization to seize Dotcom’s assets. Rather than applying for an interim restraining order, the Police Commissioner applied for a foreign restraining order instead.
More to arise on how that fuck up came about within the next few weeks.
Although some defendants would probably react with relief when hearing such news, Kim Dotcom is only becoming more frantic at the people who destroyed his businesses.
“The US government has terminated Megaupload, Megavideo and 10 other subsidiaries, including a company called N1 Limited that was developing a clothing line,They destroyed 220 jobs. Millions of legitimate Mega users have no access to their files.”
The story unfolds with the possibility that all this destruction could have been an operation to simply destroy the companies businesses.
“We are refused access to the evidence that clears us, we are refused funds to pay our lawyers, we are refused to pick the lawyers we want to represent us and have any chance for a fair trial,” Dotcom says.
“We have already been served a death sentence without trial and even if we are found ‘not guilty’ the damage can never be repaired,” Dotcom says.
Dotcom concludes with “This Mega takedown was possible because of corruption on the highest political level, serving the interests of the copyright extremists in Hollywood,” he says. “Mega has become a re-election pawn.“It is just a matter of time until the truth comes out. We are working on that and we are making good progress,”
