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Dotcom files against US government, accuses FBI of dodgy dealing

Kim Dotcom has gone on the legal and media offensive in the US, accusing the FBI of using dodgy evidence to get the warrants it used against him.

The US media have widely reported that his legal team have lodged court papers that ask for a closer look at what the FBI filed when it was applying for its seizure warrants against Dotcom’s online file storage operation, Megaupload.

The reports also say Dotcom is also expected to announce the successor to Megaupload, called just Mega, later this month.

But before that can happen, he is still fighting the case that saw Megaupload shut down and his business and personal assets seized.

Dotcom's lawyer, Ira Rothken has posted detailed information about the filing on his firm's website.

He says the papers have been submitted to the US Federal Court in Virginia and argues that the "DOJ's core evidence submitted under seal in the secret domain name seizure process was misleading.”

The filing also asks the court for a remedy.

The papers raise the question of whether the US government made a "crucial omission" when it filed papers and missed "critical, exculpatory information regarding whether, why and how Megaupload knew it was hosting criminally infringing files.”

These files have been discussed by the defendants before and were kept, they say, because the government told them to do so.

"The truth, as the government well knows, is quite different," says the statement. "Megaupload had every reason to retain those files in good faith because the government had sought and obtained Megaupload's cooperation in retrieving the files and warned that alerting users to the existence of the warrant and the government's interest in the files could compromise the investigation."

It adds that while it is now clear that Megaupload was the target of a criminal investigation, at that time, two years ago, this was not made clear.

"In sum, the government came to paint as criminal the very course of conduct by Megaupload that the government had induced in requesting good-faith cooperation with an investigation that was to remain secret," it concludes.

Mr Dotcom says he will launch a new file sharing service, "Mega", on January 20 - the anniversary of his arrest.

Comments and questions
40

The saga continues with NZ's very own adopted folk hero smacking the bad boys. Even more interesting is the potty mouthed blogger who is proving he and dotcom share the same personality. Nothing like a green eyed whale together with some other media wannabes used to holding centre stage to get all ego out of shape when the lime light falls elsewhere. And the band plays on.

So many cliches used and not a single thing said...

The US is so dodgy. Hope our leaders look long and hard at this and ask themselves why they ever got involved in the first place. Should make them think twice before following the yanks down ill-advised paths in the future. Lesson for all.

Amazing how DotCon always manages to bring out the anti American loonbag in some people. Must be internet day at the Helen Clark Senior Citizens Home.

Amazing how the slightest hint of legitimate criticism brings out the America Defense Force apologist squad, which would have you believe the USA is a sterling example of human rights and legitimate law enforcement all the time. Must be internet day in Podunktown, Sh*tsville Midwest, USA.

You shouldn't confuse anti-government over-reaching with anti-American.

The reason there are so many anti-Yanks in the world is because you guys think you own this sh*t... Amazing when you consider that you have one of the youngest (and most adolescent) countries in the world. Even more amazing when you think that here is a nation that wants to tell and enforce others in what they do, yet over half of the "united" states no longer want to be united...

When he has shown that the American DOJ has created evidence to attack someone I think it is only fair that the rest of the world is upset about it. That might be crazy in America (to question the DOJ) but Kim has proven that the DOJ, a much-respected justice system, has become untrustworthy. Any sealed evidence in future must be opened for all to see, otherwise the case must be dropped.

Because seeing the American government for the corrupt power-hungry monster it is should be seen as being looney?

FYI: Most europeans are anti-American. Doesn't take much to bring that out.

Our government is out of control, and most of us don't care enough to do something about it. Let me tell you, democracy has failed here in the United States. Stand up for yourselves before our corrupt, corporate-owned government runs your country over, too.

Some people say that they went along with it so they could secure The Hobbit...

Is it not about time we got rid of the convicted fraudster - many are gettin sick and tired of the media support!

Reliable rumour has it Dotcom is paying $40,000 a month to a local PR firm to make sure he stays in the spotlight and the media, trying desperately to get public support. I am with you, we should turf him out of the country.

Why pay so much when he has Herald reporter David Fisher on his side???

Instead the US government and the FBI should have sued YouTube who hosts more copyright material today than has ever existed on the Megaupload website ever. Shame on the US & NZ governments for creating this mess.

The video section of his site was made strictly to get people to pay for unlimited streaming of pirated content lol.

Doesn't take long for fat boy to get his Volksaufklärung und Propaganda social media team to start trolling the comments section of NBR every time one of his ever repetitive anti American Kiwi bashing racist xenophobe nut job p.r releases comes out.

Deport him ASAP to face a real justice system before Rob Fyfe paints him on a plane.

Why does NBR even print a word of what der Mega Fuhrer has to say?

NBR and most other Kiwi publications are simply following what is a global interest in the Dotcom/Megaupload case. The minute there is any update on the case the New York Times, CNN, BBC, Wired, Huffington Post and virtually every other major respected online publication update the world with the story.

Part of the reason for this is that media has traditionally had a left-wing bias; the other part is that the lobby efforts by movie and music giants that created this mess are engaged in a proxy war against the internet as a whole.

While John Key is happy to state nobody cares about Dotcom, the global reporting in the media tells a different story. New Zealand is on centre stage here and the potential illegal acts by the NZ Police, the GCSB, the FBI and now possibly the US Department of Justice could have major implications about how this small country is seen in the international business landscape.

The questions that has to be asked is: does the NZ Government want to be seen globally as being beyond accusations of corruption or do we want to be seen as being a pawn easily bent to the will of lobby interests of big business?

In my opinion, JK in his pro-Americian bias has sat back and allowed an abuse of legal process to be carried out under his nose to support a parasitic movie industry which fails to pay equitable taxes globally by threatening to shop their production budgets to any country which will offer the biggest incentives.

The rest of the world is moving against the financial abuse USA multinationals are causing wherever they operate, while NZ is bucking the trend with not only continuing to tolerate transfer pricing tax abuses but giving up Kiwi's rights to cheap medicines under the TPP.

If that is in doubt I suggest everybody google "tim groser political projectile vomiting" and read how our current Trade Minister / WTO wannabe has already sold out our country to US trade negotiators.

So as much as JK wants everybody to turn a blind eye to what's going on so he can make new friends to invite to his Hawaii multi-million dollar holiday home BBQs, the rest of the world have their eyes glued to the action down here to see if NZ has a spine enough to stand up to the abusive USA like we did with anti-nukes or if we will be another invaded puppet state of the USA like Iraq and Afghanistan.

I wish this clown would just go away!

Kim dot dumb

I seriously want to know how this convicted fraudster got into our country. We have declined attempts by many with cleaner record sheets. Is this a case of something having happened that those in the know have forgotten? Was there an inducement? We have good reason to suspect such actiity.
His behaviour is very strange and I bet he is laughing his head off at how he has so many Kiwis worshipping him.
Money can buy almost anything, sadly.

To me, Slim ClotcoN would be a better name for him.
How come he is still here? Well-paid lawyers?
STAND UP NEW ZEALAND. We are not available to purchase.

Has anyone noticed that all of the negative comments about Kim Dotcom are from anonymous posters?

Or could that be a single poster. How can you know when they don't have an identity? It's a terrible way to manufacture the appearance comment consensus.

Sour Kraut goes well with bratwurst.

As an American, I can tell you that my government needs to be called to the carpet on this one.

Disagreeing with my government's illegal actions is not the same as hating Americans. And don't fool yourself, many aspects of the FBI's behaviour in this case are simply criminal.

I, for one, am hoping that Dotcom wins this one in a big way and that the relevant people in my government are removed from their positions.

Shame on the FBI. I have grown to dislike how they deal with these things with dirty tactics. "Losing Dotcom's video surveillance." I am very disappointed in our government and highly embarrassed.

American here, I hope he wins.

Yes, Dotcom is fat, is from Germany, a fraudster, loud and irritating. But does that take away his rights?

The whole Megadeal stinks of backrooom undemocatic processes and heavy handed behaviour by the USA.

Let's be honest, his site was used to get people to pay for pirated movies.

I don't get all the hate, really I don't, but surely if he is incorrect In his assertion here there should be no harm in the US courts answering this suit, no?

Wouldn't believe most of the comments here. Music and movie industry under every rock.

Wow, the astroturf is strong here!

The lesson should be clear.

Never co-operate with the occupational government in the US.

Their 'evidence' is files they asked him to hold.

How many people have been tortured and murdered with similar 'evidence' in recent decades?

You know, I just want to say we are sorry that you have to deal with him now, and yes, he is embarrassing for us, too. So don't think all here are like him.

And, no, we don't want him back.

Dude's got balls, I will give him that!

www.Privacy-Mix.tk

Is there really such a problem with the media siding with Kim Dotcom? I imagine the man is no saint but everything about the particular case surrounding Megaupload and its treatment has been a load of cr*p. There has been no evidence to say Kim was a pirate or acting illegally. Sure, you might be able to say it might be a bit dodgey in some aspects, but so are thousands of other businesses.
If I can ask a question to the Dotcom haters: why is it you think the man should be in jail and deported?

Real justice? If it's true that the FBI uploaded the files in question and then prosecuted him on those very same files, then he has every right to be upset. Also, yes the American government is corrupt enough to do just that. My government is quite shady at all levels: city, county, state, and federal. Real justice, indeed.

This is normal behaviour for the criminal government of the USA. They systematically create "crimes" by committing a crime, then act like heroes of justice while persecuting some hapless victim as an example of why they need more arbitrary power. They intended to make a political example so they set the guy up. The USA should be fined and sanctioned, and the US prosecutors should be sent to NZ and imprisoned.

I really cannot understand why this convicted criminal is attracting so much interest. It shows how impressed some people are in this country by a few pieces of silver. I am sure natural justice will take its course and all the conspiracy theorists will eat their words.