Kim Dotcom loses 12-year fight to halt deportation to face US copyright case

16 August 2024, 08:24

Kim Dotcom speaks during the Intelligence and Security select committee hearing at Parliament, on July 3, 2013, in Wellington, New Zealand
New Zealand Kim Dotcom. Picture: PA

New Zealand’s justice minister decided the founder of the once popular file-sharing website Megaupload should be surrendered to the US to face trial.

Kim Dotcom, founder of the once wildly popular file-sharing website Megaupload, lost a 12-year fight this week to halt his deportation from New Zealand to the US on charges of copyright infringement, money laundering and racketeering.

New Zealand’s justice minister Paul Goldsmith divulged on Friday that he had decided Dotcom should be surrendered to the US to face trial, capping – for now – a drawn-out legal fight.

A date for the extradition was not set, and Mr Goldsmith said Dotcom would be allowed “a short period of time to consider and take advice” on the decision.

“Don’t worry I have a plan,” Dotcom posted on X this week.

He did not elaborate, although a member of his legal team, Ira Rothken, wrote on the site that a bid for a judicial review – in which a New Zealand judge would be asked to evaluate Mr Goldsmith’s decision – was being prepared.

The saga stretches to the 2012 arrest of Dotcom in a dramatic raid on his Auckland mansion, along with other company officers.

Prosecutors said Megaupload raked in at least 175 million dollars (£136 million) – mainly from people who used the site to illegally download songs, television shows and films – before the FBI shut it down earlier that year.

Lawyers for the Finnish-German millionaire and the others arrested had argued that it was the users of the site, founded in 2005, who chose to pirate material, not its founders.

Kim Dotcom, the founder of the file-sharing website Megaupload, in February 2012 in Auckland, New Zealand
Kim Dotcom, the founder of the file-sharing website Megaupload, in February 2012 in Auckland, New Zealand (Brett Phibbs/New Zealand Herald via AP)

But prosecutors argued the men were the architects of a vast criminal enterprise, with the Department of Justice describing it as the largest criminal copyright case in US history.

The men fought the order for years – lambasting the investigation and arrests – but in 2021 New Zealand’s Supreme Court ruled that Dotcom and two other men could be extradited.

It remained up to the country’s justice minister to decide if the extradition should proceed.

Three of Mr Goldsmith’s predecessors did not announce a decision.

Mr Goldsmith was appointed justice minister in November after New Zealand’s government changed in an election.

“I have received extensive advice from the Ministry of Justice on this matter” and considered all information carefully, Mr Goldsmith said in his statement.

“I love New Zealand. I’m not leaving,” German-born Dotcom wrote on X on Thursday.

He did not respond to an Associated Press request for comment.

Two of his former business partners, Mathias Ortmann and Bram van der Kolk, pleaded guilty to charges against them in a New Zealand court in June 2023 and were sentenced to two-and-a-half years in jail.

In exchange, US efforts to extradite them were dropped.

Prosecutors had earlier abandoned their extradition bid against a fourth officer of the company, Finn Batato, who was arrested in New Zealand.

Batato returned to Germany where he died from cancer in 2022.

In 2015, Megaupload computer programmer Andrus Nomm, of Estonia, pleaded guilty to conspiring to commit felony copyright infringement and was sentenced to one year and one day in US federal prison.

By Press Association

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