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Old 29-07-12, 01:14   #1
 
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Question Mark US Govt. Says it Can Keep Megaupload’s Assets

US Govt. Says it Can Keep Megaupload’s Assets When the Case is Dismissed

* Ernesto, TorrentFreak
* July 28, 2012


In a hearing over Megaupload’s motion to dismiss the criminal case against the company on Friday, the U.S. Government claimed it can keep Megaupload’s assets even when the case is dismissed.

The U.S. sees Megaupload’s property as proceeds of criminal activity.

Ars reports that the Government says it can freeze Megaupload’s assets while waiting for a decision in the extradition case against the site’s founder Kim Dotcom.

Keeping the assets appears to be a key strategy of the authorities. Previously the U.S. Government objected to the release of more funds to Megaupload so the company can pay its attorneys.

Returning Megaupload’s assets is no different from handing back stolen money to a bank robber, US Attorney Neil MacBride argued last month.

“The Government’s interest in forfeiture is virtually indistinguishable from its interest in returning to a bank the proceeds of a bank robbery; and a forfeiture-defendant’s claim of right to use such assets to hire an attorney, instead of having them returned to their rightful owners, is no more persuasive than a bank robber’s similar claim.”
END

How can those assets be from
criminal activity if the case is dismissed and no prosecution has ensued?
Oh well, the US is broke so it needs all the money it can get I suppose, but I doubt that Kimdotcom will accept that announcement/decision.
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Old 29-07-12, 03:10   #2
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Default Re: US Govt. Says it Can Keep Megaupload’s Assets

Corruption at it's finest. It's the government saying that laws are only for all you peons, we don't have to follow it.

Something that has really gotten to me in the last 10 years, has been the government making up it's own laws or what existing laws mean. What the law says, and what they say it can be read to say, are rarely in the same ball park.

Here you have the government saying that it doesn't have to follow it's own laws. Because the company it shut down and confiscated data and money from doesn't reside in the US should not make any difference. Not only that, but you have a problem when it comes to the laws they are using to do this with.

First, infringement is not a criminal offense, it's a civil offense. Next New Zealand won't extradite someone for civil charges, only criminal ones. The US has used criminal confiscatory powers to gather and collect money but they can't charge and make it stick for criminal laws that don't exist.

The problem with forfeiture is that it only occurs after being found guilty. Until then, it's evidence only.

Yeah I have a lot of trouble with the way my country has acted in the justice department lately. The country I served in service for is not the same as the one I'm hearing now about how it should be allowed to violate it's own laws for the sake of convenience since those laws don't really say what the DoJ wants them to say.
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Old 29-07-12, 04:09   #3
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Default Re: US Govt. Says it Can Keep Megaupload’s Assets

Exactly right photostill and it really peevs me off!
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