Tag: Kim DotCom (page 5)

Megaupload's Kim DotCom may be in jail, but he's not giving up. The New Zealand Herald reports he has filed papers in the New Zealand High Court seeking the return of his seized funds and assets.

Papers have been filed with the High Court at Auckland which claim freezing orders used to seize his fortune have gone too far and money should be returned.

There are also more details of the commando-style arrest raid which according to past statements of New Zealand police, involved 76 officers.

Detective Inspector Grant Wormald [Organised & Financial Crime Agency} would not reveal why police carried out the surprise assault. However, he confirmed the Special Tactics Group - the most highly trained armed officers in the force - were involved.

Bump and Update: Kim DotCom has lost his appeal for bail. The High Court decided last night. Justice Raynor Asher of the High Court found he was a flight risk, lacked ties to New Zealand and it was possible he had other assets besides those seized by the U.S.

His lawyer reacts here.

He has made a home for himself and his family here in New Zealand...He has absolutely no intention of doing other than remaining here and fighting extradition and the suggestion that he is a risk and that he would take some extraordinary steps to leave New Zealand is a flight of fancy and has no evidential basis so far as my client is concerned.

They are considering their next options which could include an appeal to New Zealand's Supreme Court or a new application for bail. [More...]

New Zealand Judge David McNaughton, who denied bail yesterday for Kim DotCom, has granted bail to two of his three co-defendants, neither of whom are New Zealand citizens.

Bram van der Kolk and Finn Batato will be released on bail. Van der Kolk is from the Netherlands but has been residing in New Zealand since April, 2011. Batato (like Ortmann) is from Germany and just flew in for Kim DotCom's birthday party. Germany does not extradite German nationals to the U.S.

Here are Batato's ruling and Van der Kolk's ruling. (Thanks to ComputerWorld NZ for posting the decisions.)

No decision has been reached yet on Mathias Ortmann. [More...]

Update: You can read the 20 page bail decision in two parts, Part 1 and Part 2. The other three defendants had their bail hearing this afternoon. The judge will rule tomorrow.

The judge has denied bail for Kim Dotcom. The MegaUpload defendant will remain in custody until Feb. 22. That's the day an extradition hearing is expected to be held.

According to the New Zealand Herald, although everyone was assembled in court, the Judge did not release his reasons, just his decision. I guess there will be a separate written ruling released later.

Update: The ruling has been released and Kim DotCom will appeal. [More...]

It seems to me, going through the timeline in the 72 page Megaupload Indictment, there are some events and players the media hasn't bothered to explore yet in any great detail. They are: [More...]

Bump and Update: Bail decision reserved until Wednesday. Kim DotCom will stay in custody until then. The Judge is preparing a written ruling. Reuters reports the judge said, "Given the breadth of issues covered in this bail application and the seriousness of the issues, I am going to reserve my decision," said Judge David McNaughton." Sounds like he wants to dot all his "i's for the appeals court.

The other defendants were also remanded. Tbe Judge indicated that his ruling as to Kim Dotcom would also apply to them. Recap of hearing below: [More...]

The four arrested Megaupload defendants, Kim Dotcom (also known as Kim Schmitz and Kim Tim Jim Vestor),Finn Batato, Mathias Ortmann, and Bram van der Kolk, appeared in a New Zealand court yesterday and were detained pending a bond application set for Monday. The U.S. is seeking extradition on the indictment returned in the Eastern District of Virginia, and will oppose bond.

Kim DotCom says they have nothing to hide.

We don't mind if there is press coverage,' Dotcom said to Judge David McNaughton following an application by media to film the court appearance. 'We have nothing to hide.'

[More..]