Megaupload Can’t Come Back Online, U.S. Tells Court

From Torrent Freak:

The U.S. Government has just submitted its objections to Megaupload’s motion to temporarily dismiss the criminal indictment against the company. Megaupload’s lawyers had argued that a dismissal would allow the cyberlocker to rehabilitate itself, but the U.S. believes this can’t happen as Dotcom has sworn that the old Megaupload won’t return. According to Kim Dotcom the DoJ’s opposition is “full of frustration.” “Their bluff case is falling apart,” he says.

Two weeks ago Megaupload filed a renewed request to dismiss the indictment against it, until the U.S. Government finds a way to properly serve the company.

Megaupload’s legal team reiterated that the company’s due process is at stake. The company has already been destroyed and is being held ransom by the U.S. Government, without any funds to establish a proper defense.

“The company should have an opportunity during that period of time to try to rehabilitate itself,” is one of the claims made.

In a filing submitted to the District Court yesterday the Department of Justice (DoJ) opposes the motion. Among other things, the DoJ argues that Megaupload has not “suffered massive harm” as New Zealand’s court records show that Dotcom doesn’t intent to bring the site back online.

While Megaupload’s legal team never said the company would bring Megaupload back online, this is what the DoJ appears to conclude from the attorney’s earlier statements.

In their opposition filing the DoJ cites several sworn statements made by Kim Dotcom in New Zealand, where he states that Megaupload won’t return while he is out on bail. This contradicts the “rehabilitation” argument, the DoJ concludes.

“Defense Counsel’s claim that the corporate defendant can and should be allowed to operate undermines the sworn statements of Dotcom that he has no plans or ability to continue to operate or fund the businesses in the Indictment during pendency of the extradition process,” the DoJ writes.

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