Former Megaupload programmer 'strikes plea bargain with US'

Dotcom's US lawyer says this is to be expected for financial reasons.

One of the top six executives who worked under Kim Dotcom at Megaupload has likely struck a plea bargain with US authorities, Mr Dotcom’s US-based lawyer says.

US District Court records indicate Andrus Nomm, former head of the website’s software development division, was arrested on Monday in Virginia, Associated Press has reported.

It is not known whether his departure to the US was voluntary but Mr Dotcom’s US-based lawyer, Ira Rothken, tells NBR ONLINE it is likely the US has “taken advantage” of Mr Nomm’s situation.

"In some ways it was to be expected. He has low resources and can’t really afford counsel in either the Netherlands or the US but his name was barely mentioned in the indictment,” Mr Rothken says.

"So long as he is being truthful there is no concern at all. The US has access to all email communications and this case is an experimental case of first impression where, unlike a number of other cases, we’re basically saying there is no criminal law in the US of secondary copyright infringement so there’s not much one could say that would change that."

The lawyer says his knowledge of the situation is limited to what has surfaced in the media but he has people monitoring developments.

Mr Nomm was initially arrested in 2012 in the Netherlands shortly after the raid on Mr Dotcom’s north of Auckland mansion and has been fighting extradition since then.

He has been charged with copyright infringement and conspiracy to commit racketeering.

Court records do not list an attorney for Mr Nomm.

cgibson@nbr.co.nz

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