Ira Rothken

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 »

“Fugitive” Dotcom wants money back from “corrupt” US

Claiming the assets were obtained through copyright and money laundering crimes, last July the U.S. government launched a separate civil action in which it asked the court to forfeit the bank accounts, cars and other seized possessions of the Megaupload defendants.

Megaupload?s defense heavily protested the request but was found to have no standing, as Dotcom and his colleagues were branded ?fugitives?.

Earlier this year District Court Judge Liam O?Grady ordered a default judgment in favor of the U.S. Department of Justice (DOJ). As a result the contested assets, which are worth an estimated $67 million, now belong to the United States.

Today Kim Dotcom and his Megaupload co-defendants appealed this decision at the Fourth Circuit Court of Appeals. In their opening brief (pdf) Megaupload?s lawyers argue that the court denied the defendants? basic rights and violated due process.

The Devil makes work for idle hands, and Dotcom’s currently got very little to do. ?This allows him to concentrate on ludicrous defence tactics, like complaining he’s not a fugitive. Read more »

Kim Dotcom: no money, no luck

I never believed in Karma, preferring to dish out the repercussions myself whenever appropriate, but over the last few years I’ve become more philosophical about things. ?Karma is certainly working its magic on Kim Dotcom right now.

Not only has he run out of ways to ‘encourage’?people out of money, he’s also run out of ways to lay his hands on enough of it to be of use to him. ?His missus is embarrassing him in front of the world by giving her teenage toy-boy a Mercedes while he claims to be on 2 minute noodles and water.

Every time he goes to court, things aren’t going well for him either. ?As was the case yesterday.

Bad news continues to flow for Kim Dotcom after a ruling from a United States court barred him from fighting the seizure of his assets.

Dotcom’s United States lawyer, Ira Rothken, said the Eastern District of Virginia Federal Court had found his client was not entitled to contest the forfeiture of his assets because he was a “fugitive” facing extradition.

This was despite Dotcom lawfully fighting the extradition under a treaty signed by both the United States and New Zealand.

“We think this is not offensive to just Kim Dotcom’s rights, but the rights of all Kiwis, Rothken said.

I love when lawyers have run out of proper legal argument, they have to resort to a legal decision being “offensive”.

Similarly, trying to gain sympathy from fellow Kiwis shows that Rothken is totally misreading the mood of New Zealanders when it comes to Kim Dotcom.

How are Kim’s?US legal team being paid? ? Surely they’re not so offended on Kim’s behalf as to work for free?

Those Bitcoins are both running out as well as worth a lot less than they were a year ago, and he needs some of those for a rainy day.

Nothing is going Kim’s way right now. ?The only solution he’s got left is if his friends Greenwald and Snowdon organise him asylum. ?And then he can use his emergency stash to pay for a private flight out.


– Shane Cowlishlaw, Stuff

Dotcom’s only friend, lawyer Ira Rothken, happy about co-accused guilty plea


US based lawyer? Ira Rothken has been a steady fixture on Dotcom’s defence team. ?He doesn’t seem to care there isn’t any money to pay him. ?(actual question: how does he get paid?)

But it’s delightful to see that when one of the accused in the MegaUpload case hands himself in out of his own free will and pleads guilty,? Ira Rothken can only see it as a positive. ? Read more »

First Megaupload exec arrested in US, rats abandon sinking ship

Andrus Nomm, a former MegaUpload executive has handed himself in to US authorities.

An executive who worked under Kim Dotcom at MegaUpload has been arrested in the United States.

News agency AP reported that Estonian software programmer Andrus Nomm, who was described in a US indictment in 2012 as the head of MegaUpload’s software development division, had been arrested by US police in Alexandria, Virginia, yesterday.

Nomm was originally arrested by Dutch police in Rotterdam days after New Zealand police raided Dotcom’s rented Coatesville mansion in 2012.

He had been fighting extradition to the US and initial reports did not make clear whether he had travelled to Virginia voluntarily, sparking speculation of a possible plea bargain. ? Read more »

The ‘moments of zen’ in the election

Paul Thomas analyses the election and the “moments of zen”.

The Daily Show‘s Jon Stewart’s signature sign-off is “Your moment of Zen”: a clip of a public figure making a goose of themselves through tone deafness, crassness, vehement ignorance, random imbecility or unconscious irony.

If Stewart had taken notice of our election, he would’ve had more moments of Zen than you could shake a stick at. After a rigorous process of elimination, I’ve chosen a top three.

Third was Internet-Mana party co-leader Laila Harre commiserating with the people of Te Tai Tokerau over the loss of their sitting MP and her co-leader Hone Harawira. Before her next political incarnation Harre might care to familiarise herself with the workings of democracy: the people she was consoling for being deprived of Harawira were the very people who gave him the broom.

Second was Labour leader David Cunliffe’s concession speech in which he did a passable impersonation of a man who’d just won an election. If his year-long impersonation of a leader of the opposition had been half as convincing, neither he nor Labour would be in the dark place they are now.

His shout-out to his staff and Labour’s campaign team was a riot of superlatives – “amazing”, “incredible”, “fantastic” – which raised the question: how catastrophically badly would Cunliffe and Labour have done if he’d surrounded himself with mediocrities?

Number one was Harawira’s comment, early on in the evening, that the people of his electorate “don’t like being ganged up on”. The general reaction to interlopers trying to influence the outcome in Te Tai Tokerau, he said, was “why don’t you guys piss off and leave us to make our own decisions?”.

Read more »

John Armstrong’s ‘Moment of Struth’ column was dead right

John Armstrong, I thought, had his moments during the campaign, losing the plot several times and abandoning his normally objective view of politics.

Let’s reprise his column of September 17, just three days before the election where he predicted there would be a back lash against Kim Dotcom and the left wing who embraced and invested in his conspiracy theories.

Hell hath no fury like a voter who feels he or she has been treated like a fool.

The political left was already paying a heavy price at this election for displaying the characteristics which leave voters stone cold – namely disunity, political incompetence and not a little arrogance.

The left may now pay an even bigger price on Saturday thanks to Kim Dotcom’s Moment of Truth evaporating into a Moment of Struth – as in “struth, was that all he had to reveal” after months of squashing much else far more worthy of debate out of the political picture.

So robust was Dotcom’s evidence of prime ministerial untruths supposed to be that it would sink John Key faster than the Bismarck. Instead it is Dotcom who is now facing a backlash for failing to deliver.

So far, that backlash is confined to media who have been strung along for months. Voters may be more tolerant – but only up to a point. They take objection to being hoodwinked.

Read more »

Dotcon’s lawyer keep on losing. That can’t be good for Kimbo.

A Soundbite A Day Keeps Critisism At Bay

Bad news for Dotcom. His lawyer Ira Rothken loses major case?in US on copyright infringement. Dotcom’s is more serious as his is?criminal, not civil case.

Read more »

Megaupload trial might never happen

? TorrentFreak

Kim Dotcom is justified in feeling?aggrieved?by actions of the US Government and the NZ Police in shutting down and killing off his business. I imagine that there may well be a lengthy civil action against both governments for their roles in this debacle in shutting down a business at the behest of American corporate interests.

A US judge has put a bomb under the Megaupload case by informing the FBI that a trial in the United States may never happen. The cyberlocker was never formally served with the appropriate paperwork by the US authorities, as it is impossible to serve a foreign company with criminal charges.

The US Government accuses Kim Dotcom and the rest of the ?Mega Conspiracy? of running a criminal operation.

Charges in the indictment include engaging in a racketeering conspiracy, conspiring to commit copyright infringement, conspiring to commit money laundering and two substantive counts of criminal copyright infringement.

While the prosecution is hoping to have Megaupload tried in the US, breaking news suggests that this may never happen.

It turns out that the US judge handling the case has serious doubts whether it will ever go to trial due to a procedural error.

?I frankly don?t know that we are ever going to have a trial in this matter,? Judge O?Grady said as reported by the?NZ Herald.

Judge O?Grady informed the FBI that Megaupload was never served with criminal charges, which is a requirement to start the trial. The origin of this problem is not merely a matter of oversight. Megaupload?s lawyer Ira Rothken says that unlike people, companies can?t be served outside US jurisdiction.

?My understanding as to why they haven?t done that is because they can?t. We don?t believe Megaupload can be served in a criminal matter because it is not located within the jurisdiction of the United States,? Rothken says.