Megaupload Wants Charges Dropped, Points Out Judge Failure
On Tuesday, Megaupload’s request to have the criminal charges against it dropped on the grounds that the U.S. Government failed to serve the company, was denied.
District Court Judge Liam O’Grady believes that the authorities could still satisfy the serving requirement if they can prove that Megaupload is an alter ego of Kim Dotcom.
While the motion to dismiss the case for lack of jurisdiction was denied, the judge’s order did leave an option open to dismiss the case temporarily, until Megaupload is properly served.
This suggestion baffled Dotcom and his lawyers, who expressly requested such a temporary dismissal during a hearing in July.
Megaupload’s legal team jumped on the issue and a day later they have filed a renewed request to dismiss the indictment, pointing out the apparent mistake made by Judge O’Grady.
“Megaupload respectfully submits that at oral argument on the motion to dismiss it requested, as an alternative remedy, dismissal without prejudice pending extradition,” they write.
In the supporting memorandum of law Megaupload’s lawyers quote directly from the transcript of the July hearing, where they suggested a temporary dismissal as an option.
“We do think that the alternative would be dismissal without prejudice, allow the Government at the appropriate time to then supercede the indictment again, add the corporation into the indictment.”
“But, in the meantime, having the company subject to the incredible burden of a criminal prosecution with no ability to defend itself and no service is an extraordinary result and one that is unprecedented.”
Dotcom’s legal team reiterates that Megaupload’s due process is at stake. The company has already been destroyed and is being held ransom by the U.S. Government, without any funds to establish a proper defense.
“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 Rule 4, attempting to comply with Rule 4, or identifying any prospect that it might comply with Rule 4 any time in the foreseeable future.”
“This combination of circumstances seems inimical to due process, especially considering that the rights of a criminal defendant are at stake,” the lawyers add.
With the renewed motion to dismiss, Megaupload hopes to have the criminal charges against it dropped, at least until the U.S. Government finds a way to serve the company. This may take weeks, months, or may not happen at all.
It is now up to Judge O’Grady to rule on this renewed request, which may come as quite an embarrassment in such a high profile case.
Meanwhile, Kim Dotcom is preparing the comeback of Megaupload, which he says will be bigger and better than its predecessor.
Posted:
Related Forum: PC General Forum
Source: http://torrentfreak.com/megaupload-wants-charges-dropped-points-out-judge-failure-121011/
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Comments
XBLToothPikPosted:
I hope MU comes back, I really loved it. Every time I go on YouTube and look for a video and I need to DL a file from it, the links are always in MU so I can't download them. :/
There are hundreds of other sites who offer the exact same service but they never got anything like MU did, and some sites are dedicated for pirating, like ThePirateBay. This is all stupid and I think they were just looking for some more money to gain.
There are hundreds of other sites who offer the exact same service but they never got anything like MU did, and some sites are dedicated for pirating, like ThePirateBay. This is all stupid and I think they were just looking for some more money to gain.
TTG_gmack101Posted:
good it better come back those sopa/fbi bastards better let megaupload come back
copyright my ass
copyright my ass
OvenMittPosted:
-Robin-zzzjakeyzzz8th if Megaupload comes back its going to be like Bing, everyone is going to use it and the owner is going to be back to making millions
Dude, bing is like the internet explorer of search engines. It's just there but no one uses it because it's ****!
Why is it so bad? I find IE to be terrible but Bing is nowhere near as bad and in my opinion is better than Google...
OT: "Meanwhile, Kim Dotcom is preparing the comeback of Megaupload, which he says will be bigger and better than its predecessor."
Can't wait to see what this is about...
Bing isnt necessarily bad it just isnt as good as google.
(Sorry for the back to back post BTW)
-Robin-Posted:
zzzjakeyzzz8th if Megaupload comes back its going to be like Bing, everyone is going to use it and the owner is going to be back to making millions
Dude, bing is like the internet explorer of search engines. It's just there but no one uses it because it's ****!
Why is it so bad? I find IE to be terrible but Bing is nowhere near as bad and in my opinion is better than Google...
OT: "Meanwhile, Kim Dotcom is preparing the comeback of Megaupload, which he says will be bigger and better than its predecessor."
Can't wait to see what this is about...
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