Kim Dotcom

Angering the judge didn’t work, so what did Dotcom’s legal team come up with next?

It’s novel but sickening the games this fat bastard will try.

The judge hearing Kim Dotcom’s extradition case has asked if sending the internet mogul to stand trial in the US without funding would be like returning a refugee to the country they’ve fled.

Mr Dotcom and three other men face extradition on copyright, racketeering and money-laundering charges related to their Megaupload website.

The court is currently hearing a stay application from the men to pause or even halt the extradition process altogether.

They say a US restraining order is preventing them from using New Zealand funds to pay for international legal and technical advice to help defend the extradition attempt.

Judge Nevin Dawson asked defence lawyer Ron Mansfield whether that order would also leave his client without funding for a defence, if he did stand trial in the US.

Mr Mansfield said it would, unless a new, unrestrained source of funding could be found.   Read more »

Desperation is a stinky cologne

The Fat German is staring down the barrel of a long lonely flight in stainless steel jewellery as the evidence mounts at his extradition hearing.

Desperation has set in…first they tried to suggest the documents were missing…they weren’t…and now they are trying to get the hearing stopped.

Lawyers for Kim Dotcom and his co-accused are arguing again that an extradition hearing should be halted.

Mr Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato face extradition to the United States on copyright and money-laundering charges, related to their file-sharing website, Megaupload.

Last week, Judge Nevin Dawson refused to hear several applications from the men for a stay in proceedings, saying they could be heard in the context of the main hearing.   Read more »

Ooooh, there they are! Original extradition paperwork found


Yesterday, a court services manager acting as a witness for the Crown verified several documents as copies of the extradition requests.

But under cross-examination by Kim Dotcom’s lawyer Ron Mansfield, she conceded the copies were not date-stamped and was unable to say whether any originals existed.

Today, the extradition hearing’s court registrar, Jennifer Spence, appeared as a witness to verify the original documents.

Ms Spence said she found the originals in the judges’ chambers at North Shore district court, which has jurisdiction over the extradition case.

Not that this little stunt would have gotten in the way, but we can do without the distractions of lost paperwork, so it is great to see this little red herring put to bed.  If you excuse the mixed metaphor.   Read more »

Another pointless distraction in the Dotcom circus

When your legal arguments have all been exhausted and you are relying on some possibly missing paperwork to save you you know your goose is cooked.

The hearing to decide whether Mr Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato should be sent to the US to face copyright and money-laundering charges, over their file-sharing website Megaupload, continued today.

North Shore district court services manager Fiona Parkes – a witness for the Crown – today produced several documents she said appeared to be copies of the extradition requests.

Mr Dotcom’s lawyer Ron Mansfield pointed out the documents were not date-stamped and asked Ms Parkes if she knew whether any originals existed.    Read more »

Dotcom gets the weekend to reflect

After the first week of Dotcom’s extradition hearing, Dotcom seems to be hoist by his own words

On Friday Christine Gordon QC, who is acting for the US, read an extensive series of Skype conversations and emails between the men, arguing they revealed they knew the business was a criminal enterprise from the start.

In one conversation, two of the accused discussed how they expected Dotcom to flee if the business hit trouble.

“The fact is when there’s no way out, Kim will also grab the last couple of millions and go on hiding mode again when that happens,” Van der Kolk was quoted as telling Ortmann.

“The likeliness of us getting in trouble for some reason is getting bigger.”

Dotcom stared forward and gently shook his head once as the evidence was read out.

Ortmann and Van der Kolk were right of course.  They had seen Dotcom do it before.    So why stay around someone who is clearly able to turn them into cannon fodder?   Money.  And lots of it.   Read more »

Braunias is onto it

The prosecution in the Kim Dotcom extradition case released evidence that the Dotcom conspirators were under surveillance for a significant amount of time.

Anything you Skype may be taken down and used against you in a court of law.

Big Brother and Five Eyes were the unseen forces at work in a hot courtroom in downtown Federal St yesterday when the Crown presented its opening address in the extradition hearing of Kim Dotcom and his band of Euro-geeks.

The United States wants to haul Dotcom and his former executives in the so-called “Mega Conspiracy” – Mathias Ortmann, Bram van der Kolk and Finn Batato – to East Virginia to stand trial on money-laundering and copyright violation charges.

First, they need to establish there’s a prima facie case.

And so to an upstairs courtroom in the Chorus building, packed with ladies and gentlemen from the media, lawyers in bad suits, and members of the public, including the homeless man who keeps falling asleep.

Christine Gordon, QC, led for the Crown. She had no lack of material. FBI agents accessed millions of emails between the four accused; Gordon shared some of the juicier exchanges.

She prefaced the juicy fruits of the surveillance effort by saying the case could be reduced to a single sentence.

It was a very long sentence and it had far too many commas in it. The homeless man fell asleep long before she droned to the end of the sentence; his hands with their scraped knuckles hung between his knees, and he bowed his head.

An edited version of Gordon’s verbose sentence: “This was a conspiracy to make vast sums of money knowing it was unlawfully acquired.”

Quite helpful to have it distilled down that way.  Especially as the defence keeps wanting to paint a picture that they were running a file hosting service, like a “post office”.  Right.   Read more »

Convicted fraudster back in court. For? Fraud


Christine Gordon, QC, on behalf of the US government described the case as one of straight-forward fraud.

“In the long prelude to this hearing much has been said about the novelty and technicality of the case,” she said.

“When distractions are stripped away it boils down to a simple scheme of fraud.”

Ms Gordon explained how the Megaupload file-sharing site looked lawful at a glance but had a “private back door”.

“This appearance of front-end innocence was deliberately contrived,” she said.

“The respondents were part of a conspiracy which deliberately attracted copyright-infringing material to the website and deliberately preserved it to make vast sums of money.”

Ms Gordon drew the court’s attention to several conversations between the defendants on Skype.

Dotcom allegedly wrote: “At some point a judge will be convinced about how evil we are. Then we’re in trouble. We have to make ourselves invulnerable.”

At some point a nation was convinced how evil Kim Dotcom was and he went from hero to zero in one fateful night when his “bomb” turned out to be a 50c fire cracker.    He retired hurt after an email that was widely considered to have been fabricated failed to be the smoking gun that implicated John Key in… we were never quite sure. Read more »


My favourite two words when put together are “loses” and “Dotcom”


A last-minute attempt to delay the extradition hearing for internet entrepreneur Kim Dotcom and his co-accused has been rejected.

Judge Nevin Dawson has released a decision that means evidence will be heard when the case resumes in Auckland District Court on Thursday.

Good to see that Judge Dawson wasn’t distracted by the desperate scatter gun approach by the defence counsels.    Read more »

Dotcom Extradition Deadlock – it only took a day


Seems that both legal teams have taken to the excellent debating skill of accusing the other of not being fair and cheating in some way.

Christine Gordon, QC, on behalf of the US government, said starting with the extradition eligibility hearing before hearing three different applications for a stay of proceedings was the “practical and rational” way forward.

But lawyers for the four respondents argued the stay applications should be heard, and ruled upon, first.

Dotcom’s lawyer Ron Mansfield said even before that the key issue for Judge Nevin Dawson to decide was whether the defendant had breached New Zealand law.

Dotcom now has the esteemed Barrister Ron Mansfield on his side.   Read more »

Project Extradite Dotcom: Day 1,339


3 news

Lawyers and reporters packed Auckland District Court today for the hearing originally set down in 2012 following a Hollywood-style raid on Dotcom’s mansion.

The tech mogul, facing extradition to the US over what the FBI calls a criminal conspiracy, sat in a large leather arm chair – specially brought in for ergonomic reasons – dressed in black, wearing sneakers, his baseball cap resting on the bench.

A large leather arm chair.   Good grief.  Anything to stop the bastard from claiming he’s not being pampered enough.   Read more »