Posted by Blogger Name. Category:
Conspiracy theories
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District Court
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Extradition
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FBI
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Judge Nevin Dawson
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Kim Dotcom
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Record of Case
Kim Dotcom was bullish when he headed to the District Court (again) a couple of weeks ago; check this out (lifted from Whaleoil):
He wasn't so bullish yesterday when Judge Nevin Dawson handed down his decision; Stuff reports:
A summary of the FBI's case against Kim Dotcom has been made public in a District Court decision released today.
It alleges the German millionaire knowingly infringed copyright, monetarily rewarded other people for doing so and made more than $175 million in the process.
Judge Nevin Dawson lifted the prohibition order on the FBI's case against Dotcom, which the Megaupload founder had hoped to keep secret.
At the centre of the argument is a document called the "Record of Case", a summary document from more than 22 million emails obtained by the FBI.
The summary of the FBI's case was released by a United States district judge to potential victims at the end of last year.
The summary is no longer subject to prohibition orders in New Zealand.
In it the FBI alleges Dotcom, who with Mathias Ortmann, Bram van der Kolk and Finn Batato is charged money laundering and copyright infringement, made US$25m (NZ$18.3m) through online advertising and US$150m through premium user subscriptions on the Megaupload site.
The "Mega Conspiracy" also rewarded users who uploaded copyright information by paying a total of more than US$3m through e-commerce site PayPal, it said.
The FBI alleged that Dotcom was aware of copyright infringements and had received emails from copyright owners, including Warner Brothers, to take material off Megaupload.
And Dotcom has every reason to not feel bullish. Judge Dawson saw this legal challenge by Dotcom for what it was; a stunt; check out this passage of the learned Judge's decision, especially para 49:
Kim Dotcom is in danger of becoming a latter-day Winston Peters, though less well-dressed; a conspiracy theorist par excellence who over-promises and under-delivers.
He has repeatedly promised to bring down the PM, just as Peters swore black and blue that Judith Collins would be gone by Monday two weeks ago; and of course, she hasn't. And John Key is still the Prime Minister, whilst the date of Dotcom's extradition hearing draws ever nearer.
And for those interested in the Record of Case now that it is no longer suppressed, here it is:
Make your own judgment on whether or not US authorities have established a prima facie case against Kim Dotcom and his fellow accused. That is what the Judge who hears the application for extradition will base their decision on, not all the other extraneous matters.
