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US Gov't Says They Can Still Freeze Megaupload Assets If the Case Is Dismissed 530

Posted by Soulskill
from the taking-your-toys-and-going-home dept.
The Megaupload case continues, and on Friday attorneys for the U.S. government made some interesting claims. They were in court to argue against a request to dismiss the indictment against Megaupload that was raised on the grounds that Megaupload has no U.S. address. After a debate about jurisdiction and precedent, this happened: "The government also argued that it could keep Megaupload in legal limbo indefinitely. 'None of the cases impose a time limit on service,' the government's attorney told the judge. Therefore, the government believes it can leave the indictment hanging over the company's head, and keep its assets frozen, indefinitely. Not only that, but the government believes it can continue to freeze Megaupload's assets and paralyze its operations even if the judge grants the motion to dismiss. That's because in the government's view, the assets are the proceeds of criminal activity and the prosecution against founder Kim Dotcom will still be pending. The fact that the assets are in the name of Megaupload rather than its founder is of no consequence, the government claimed."
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US Gov't Says They Can Still Freeze Megaupload Assets If the Case Is Dismissed

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  • Yeah Okay (Score:5, Insightful)

    by TemperedAlchemist (2045966) on Saturday July 28, 2012 @12:29AM (#40799019)

    Telling the court that you're going to circumvent the law in the case you lose probably isn't going to be so swell.

    • Re:Yeah Okay (Score:5, Informative)

      by Taco Cowboy (5327) on Saturday July 28, 2012 @12:33AM (#40799051) Journal

      Telling the court that you're going to circumvent the law in the case you lose probably isn't going to be so swell.

       
      Except when you are Uncle Sam
       
      ... just saying ...
       

    • Re:Yeah Okay (Score:5, Interesting)

      by Mashiki (184564) <mashiki.gmail@com> on Saturday July 28, 2012 @12:36AM (#40799071) Homepage

      Yeah pretty interesting view there huh? Not only are they saying that they're above the law. But they're saying that the highest law in the land, is no longer the constitution and bill of rights. But the DOJ, and the whim of whoever is in charge. Yeah ... now that's going to go over very well, especially about the time it starts hitting appeal courts.

      • Re:Yeah Okay (Score:5, Insightful)

        by dryeo (100693) on Saturday July 28, 2012 @03:03AM (#40799583)

        Wasn't it Andrew Jackson who, when the supreme court ruled against him, made a comment along the lines of "and with what army are they going to enforce that ruling with?" and proceeded to ignore the courts ruling.

        • Re:Yeah Okay (Score:5, Interesting)

          by amiga3D (567632) on Saturday July 28, 2012 @07:18AM (#40800363)

          He is supposed to have made this statement concerning the decision in Worcester V. Georgia (1832), "John Marshall has made his decision, now let him enforce it!" There is some dispute whether he actually said this or not but it sounds like something he would have said.

        • Re: (Score:3, Interesting)

          by Anonymous Coward

          That's why I always say, that the concept of "rights", "property" and "law" are illusions, only held up by the strongest one deciding to uphold them.
          If the stronger ones are gone, or isn't on your side anymore, those concepts dissolve quicker than you can say OMFG, until all you are left with, is the law of the jungle.

          And people *still* mod me down for it... Even when it practically jumps into their faces, like in this case...

          • Re: (Score:3, Insightful)

            by jpapon (1877296)
            No kidding rights, property, and law are all just concepts we have invented to maintain order in society.

            No kidding rights, property, and rule of law can all go away quickly and things can dissolve into disorder. That's called a revolution, civil war, or state of anarchy.

            You think you're some kind of genius for figuring that out? Everybody knows that without enforcement (and therefore, someone to enforce them) laws are nothing more then words.

            People don't down-mod you for saying things like that, thes

      • Re:Yeah Okay (Score:4, Interesting)

        by Dunbal (464142) * on Saturday July 28, 2012 @07:38AM (#40800439)
        As the saying goes, all they need is to "get lucky once" and find a judge who agrees with them for whatever reason, and suddenly there is precedent and "case law". This is the government. They can keep putting bullshit like this in front of judges every year until one rules in their favor. What are the courts going to do - arrest the government?
      • Re:Yeah Okay (Score:5, Insightful)

        by hairyfeet (841228) <bassbeast1968@NOspaM.gmail.com> on Saturday July 28, 2012 @08:03AM (#40800531) Journal

        To me the interesting part is NOT that they believe "I am the law!" which frankly that has been the case for decades, its that they are so comfortable with the machines in place that let them hang onto power, propaganda, the courts, the military, that frankly they don't even think they have to pretend anymore.

        If you look back at American history you can spot where it all changed, and that was the end of WWII. At the beginning the USA? Had the 39th largest military in the world, we are talking a joke of a military, with WWI era tanks, 25 year old ships, there just wasn't any money there. At the end of WWII all that changed when those megacorps realized their money train was about to end, which is where the massive amount of lobbying we see now came from.

        It didn't take the other corps long to see that the military industrial complex was making out like bandits, but some were slower to catch on than others, particularly Hollywood. Think the bundle deals over the theaters or payola would have been broken up if Hollywood would have paid them off? Not a chance in hell. After Betamax they learned though, that's when Jack Valenti and his ilk started seeing how many senators and congressmen they could buy, hell they even own the VP now.

        Which is how we get to where we are now. Somebody high up in the DoJ must have promised Dotcom's head on a platter, probably got offered a swwwweeeet cushy corporate lobbying job when he/she gets out and damn it there aren't gonna give that sucker up! The fact that the POTUS isn't saying a damned word nor is anybody else high up just shows you how rotten the whole place is, buying power is a billion dollar business and nobody is gonna risk losing THEIR checks. The worst part? Not a damned thing you can do about it, both parties are bought and paid for, the system is designed to make sure a third party has no chance in hell, so all you can do is wait for the massive corruption to turn us into another Greece or Zimbabwe.

        Because when we've gotten to the point the DoJ doesn't even have to pretend to give a shit about the law and nobody cares, the MSM sleeps on, and nobody in power says boo? There is no point in even pretending its a democracy anymore, its strictly justice for those with the most cash and apparently Dotcom don't have enough blank checks to hand out to buy himself any.

    • Re:Yeah Okay (Score:5, Informative)

      by UPZ (947916) on Saturday July 28, 2012 @12:54AM (#40799155)
      Guilty until proven....who needs to prove anything anymore? The govt decides who is guilty and who is not. We have a tyrannical govt at home and doesn't matter if it's headed by bush or obama.
      • Re:Yeah Okay (Score:5, Insightful)

        by pla (258480) on Saturday July 28, 2012 @01:10AM (#40799207) Journal
        Guilty until proven....who needs to prove anything anymore?

        Welcome to the world of "civil forfeiture". Property has no rights, so charge the property with the crime. The DEA's done it for about two decades now.

        That said, the present case does seem to go a bit further than even that - At least in normal civil forfeiture, If by some miracle you can prove that the property had nothing to do with a crime, you can theoretically get it back; With Megaupload, the government hasn't even allowed for that nigh-impossible standard of winning.
        • by laron (102608) on Saturday July 28, 2012 @02:26AM (#40799465)

          Umpteen years ago, I read that during the middle ages animals and even the weather were sometimes brought to court to answer for their crimes. I think, I understand now the motivation behind charging a pig with, say, heresy. In a word: Bacon.

          Some things don't change.

        • I just would love to see Kim dot Com sue the US government for damages. In HIS country of choice, since the US government operate in all countries via Embassies, military bases or the like.

          One thing that gets me (slightly off topic, put pertinent to the whole copyright and patent thing) is that apparently Texas has the most litigious friendly courts in the US. Why don't companies simply say that their product is not to be bought in Texas? Can't be much of a burden for major brands (I am thinking Minecraft h

      • Re:Yeah Okay (Score:5, Interesting)

        by Aighearach (97333) on Saturday July 28, 2012 @03:37AM (#40799721) Homepage

        It is actually just a tyrannical prosecutor, not the whole government.

        It is a difficult issue, telling prosecutors what to do from on high, or giving them free reign to exercise their professional judgment.

        Luckily, the courts aren't usually impressed by self-important prosecutors.

        • Re: (Score:3, Informative)

          by Anonymous Coward

          Do you know what scares me? It's that I can't tell if this prosecutor ever heard of Roland Freisler [wikipedia.org] or not, and if he realizes how uncannily close his argumentation is to Freislers famous outburst " Wir brauchen kein Gesetzbuch, Recht ist, was dem deutschen Volke nutzt", which translates as "We don't need any book of law, what's right is what gains the German people".

          Obviously Freisler meant that he, and the Nazi regime in general, were the ones who were to decide what gained the German people, pretty much

        • by dcollins (135727)

          I don't believe that. This kind of stuff is far, far too common on the part of U.S. prosecutors to wave it off as an anomaly. That's wishful thinking.

          More generally, the fact that U.S. prosecutors are entirely immune from charges for malfeasance (not from any law, but by fiat from courts run by ex-prosecutors), means that prosecutors have nothing but incentive to accelerate their career by running roughshod over anyone's rights with impunity. Immunity for prosecutors is definitely a structural flaw of our g

        • by BeanThere (28381)

          Could you explain why simply expecting prosecutors to obey the law and not violate the Bill of Rights, like you and I are expected to, is such a "difficult issue"?

        • by Compaqt (1758360)

          No, I'm sorry, it's not just a uncontrollable prosecutor.

          "Oh, if Barrack knew, he would certainly fix this"

          Yeah, right.

          Obama is the one who appointed RIAA lawyers to head up the Justice Department copyright police ("Protection is Our Trademark")

    • Re:Yeah Okay (Score:5, Insightful)

      by DViper01 (898486) on Saturday July 28, 2012 @01:14AM (#40799219)
      To me as a European it is baffling how much sh*t you Americans take from your government and never take action. Since G.W. one law or incident after another is passed against the interest of the population and the only thing people do is complain a bit on the internet. Have you guys ever heard of the possibility of demonstration, strike and not voting for the dumbest b*tch around? Sorry, that was emotional but that's how I feel when I read stuff like that. Now mod me to hell.
      • Re:Yeah Okay (Score:5, Insightful)

        by superdave80 (1226592) on Saturday July 28, 2012 @01:27AM (#40799263)

        Since G.W. one law or incident after another is passed against the interest of the population...

        Oh, this has been going on WAAAAAAY before ol' Dubya stepped foot into the White House...

      • Re: (Score:2, Insightful)

        by JohnVanVliet (945577)

        no kidding

        it IS time for a new revolution
        this time the "well armed militia " will do what it was intended to do
        remove a govt that is TOO corrupt and can NOT be fixed

        some corruption one can NEVER get ride of fully
        BUT
        what we have now is not even in the shadows

        • Re:Yeah Okay (Score:5, Insightful)

          by jamesh (87723) on Saturday July 28, 2012 @01:42AM (#40799313)

          remove a govt that is TOO corrupt and can NOT be fixed

          How do you see this removal of government taking place? Sure, you could maybe round up enough of your militia to kill them all, but what then? Decades of education neglect has left you with a nation of morons and I guarantee that whatever you try and replace your government with, it will be worse. There are some drug lords in Mexico who might like to take a stab at leadership, if that helps.

          I'm not disagreeing that there is a problem, and it needs to be fixed, and I don't know how you would fix it, but the moment you get out your guns and start shooting you'll have much bigger problems than you have now.

          btw, kudo's on not posting anonymously when you are publicly inviting violent revolution. If you don't hear hammers batter down the door (you'd better run!) in the next few hours then you don't have it as bad as some countries.

          • Who needs hammers if all that's required is your name on the wrong list? He won't be able to fly, get a government or bank job and will probably be unable to get a job flipping burgers starting Monday if they'd take him seriously.
          • Get rid of the party system. Get rid of popularity contests and get rid of single sentence referendums.

            The entire problem is that the running of a country, a society, a culture is FAR to complex to leave to religious lunatics and sound bite issue describers.

            Religious lunatics? You don't have to believe in a talking bush to believe. Socialist, Capitalist, Communists and Libertarians and god knows what other feeble dregs exist, they ALL believe in the doctrine of their chosen fate.

            An excellent example of this

        • According to this [infoplease.com], voter turnout only barely gets over 50% during presidential elections. During off-years, it's down below 40%. I'm guessing voter turnout is even lower for primaries, which is, of course, where most of the decision-making for most elected positions are made.

          Violent revolution is the only way to get rid of the corruption? I don't see how you can say that. We haven't really given voting a fair shot. Furthermore, if we're too lazy to bother voting, I don't really see us doing a revolu
        • Re:Yeah Okay (Score:5, Insightful)

          by lexsird (1208192) on Saturday July 28, 2012 @06:08AM (#40800173)

          At the risk of being waterboarded along with you in Gitmo, I will chime in on this one.

          An overt revolution will fail badly. They have changed vital laws that protected us from the military crushing insurrection, so that they can now use it. It used to be a civil matter that the military had no business in. But we seen violation of that law back in the Clinton administration when they rolled tanks on Waco Texas. Since they seen we are too stupid or lazy to call them on it or hold their feet to the fire, they have grown great big balls and down right changed everything. Read about "Posse Comitatus Act" to get the gist of it and it's changes.

          Not to mention, I think we signed the UN Small Arms Treaty Friday, and your arms will be registered, which the next step is to take them. It's how Hitler did it, I'm sure they are apt students. So any thoughts of an armed revolt are seriously fucked, even if you did succeed, the UN would step in as well, then you would have to kill all of them as well. As soon as you start that, we will be invaded big time and have to go to some kind of scorched Earth policy to get rid of them all.

          Now where are you going to recruit for that kind of madness? Surely not from the fat, retarded, undereducated, lazy sons of bitches here. Do you think this waste of god damned space xbox generation is going to get off the couch to fight for something they have no clue about? Perhaps if football or pizza was threatened they might roll over and fart, but give it up concerning anything else.

          Now I have studied this subject for a while and pondered it hard. There are ways to bring about vast changes but it's still fucked. Why? We already have an army here fucking with us from the Mexican Drug lords. Their god damn gangs would run amuck, they already have their hand deep in the asses of cities like LA. We've seen how they have threatened the medical weed shops with impunity, and some speculate that they influenced LA's city counsel to shut down those shops.

          We've seen evidence of South of the border intent on retaking parts of America. Sure we all like to ignore this, and we can because we have a military that would kill every last fucking one of them and dance on their graves. But if we are fighting, they will stick a knife in our collective backs. Don't shit yourself for a second that they wouldn't. They already fuck up our border patrol and the people of that region and our pussy politicians are too afraid of the Mexican vote to do a damn thing about it.

          Yes, we have a corrupt, fucked in the head government, but at least it's OUR corrupt, fucked in the head government. That means that we can fix the damn thing without genocide. This requires YOU and all of your little buddies to get off your asses and get politically active. This means that you need to be active during what they call "the grass roots" and you have to drag everyone you know and some you don't, kicking and screaming to the polls. You need to apply vast amounts of social pressure on "non-voters" to do their damn civic duty. We have amazing, unprecedented communications tools to get out the word, to organize and to act politically.

          It takes brains, patience and hard work. There is no "fast food fix" for this. It didn't fall apart over night, nor will it be fixed overnight either. Until we have exhausted these tools and these means of peaceful and productive means of political change, don't be an asshole. Don't worry, if it's truly fucked, it can be dropped like a house of cards. But that is one hellish nightmare that we need to avoid at all costs. Humpty Dumpty doesn't go back together again, remember that.

          So do us all a favor, and park the "armed revolt" thought in the garage. Save that "pissed off-ness" to drive your fat ass off the couch to get out and vote.

      • by Lando (9348)

        Demonstrations don't work when you have to hold them in free speech areas located far away from anyone that actually might pay attention. Got rid of those pesky protesters long ago, except of course in the case where the powerless are attacking other powerless people, e.g. funerals of peons and stuff like that. Strikes don't work because your job was sent overseas long ago, gotta be employed to strike. Voting doesn't seem to work since the government rigs elections by setting voting districts, only allo

      • Re: (Score:3, Informative)

        by darkfeline (1890882)
        No, we who complain on the Internet are the minority who realize the sh*t going down. Let me as an American explain to you as a European how power is distributed in the US. Government has primary power, but everyone in government is paid off my corporations, who hold "secondary" power, in reality primary power. While technically US citizens vote for their representatives, most of America is not like us complaining on Slashdot, but the stereotypical white conservatives sitting in front of the TV with thei
      • by Rufty (37223)

        Now mod me to hell.

        OK, it seems hell is "+5 insightful".

      • The US political system is tied up in a duopoly by now that renders votes essentially useless at the national level. The two parties bicker publicly over a few token issues - abortion, gay marriage, healthcare reform - but beneath their surface disagreements, they are really much the same in nature. All politicians are corrupt manipulators, because any who aren't willing to sink so low wouldn't make it that far: Anyone who doesn't have an R or D after their name is just a joke above the local level, and has
    • It's one thing to uplift the platform and get the president elected. It's a whole other thing to be a fucktard at re-election time.
    • by symbolset (646467) *
      This is why you pay good lawyers. We're probably about three judges from who's going to really try ths case.
  • The goverment (Score:5, Informative)

    by santax (1541065) on Saturday July 28, 2012 @12:30AM (#40799025)
    should be brought to justice... This is insane and a clear message from the government to everyone: You have NO rights at all! Time to fight terrorism people and it starts at home.
    • by BlueStrat (756137)

      [The government] should be brought to justice... This is insane and a clear message from the government to everyone: You have NO rights at all! Time to fight terrorism people and it starts at home.

      Agreed.

      But, don't be in any hurry to violence. Use the four boxes in defense of liberty in the order established. At this point, Ghandi achieves more than Patrick Henry. Don't provide a convenient excuse for the government to declare martial law and roll out the Nat. Guard.

      But if we are finally forced to the last box, don't forget ol' Pat.

      As for myself, I'd rather die on my feet than live on my knees, but at the same time I'll not sacrifice myself prematurely in a stupid act of individual violence that achi

      • by santax (1541065)
        I happen to own a surf-green strat, so I paid a lot of attention to your post and you are right. Don't bring out the guns. Yet. But something has to be done and the only force (and this is not the USA alone) are the people... It's revolution time as far as I'm concerned.
        • Re:The goverment (Score:4, Insightful)

          by BlueStrat (756137) on Saturday July 28, 2012 @01:41AM (#40799303)

          I happen to own a surf-green strat, so I paid a lot of attention to your post and you are right. Don't bring out the guns. Yet. But something has to be done and the only force (and this is not the USA alone) are the people... It's revolution time as far as I'm concerned.

          o/t - Nice. Actually, any strat I pick up becomes a "blue" strat ;) My strat is actually finished in a cherry/gold-burst. But it's a blue strat all the same. Same with the vacuum tube amp I built.

          Back on-topic, you're point about it being all people, not just Americans, is spot-on. There is an international freedom movement growing. Did you know there are Italian "TEA Parties", as well as Serbian, Georgian, British, and about 15 other national TEA Party movements? There are reported to be 20 of them meeting this weekend in Dallas, TX.

          People across the globe are hungry for freedom, and their governments have been starving them for too long. And once again, they look to Americans as examples of how to become free.

          Failure is not an option. Fortunately, all we really have to do for victory is to remember, and never again forget, who we are as a people, why our Constitution was written the way it was, and what we stand for. Our failure to remember is what has brought us to this point. It is what must first change before anything else will.

          An idea, a dream of freedom and liberty, is far more powerful than any weapons in any government armories or airbases ever could be.

          Strat

      • Re:The goverment (Score:5, Interesting)

        by geminidomino (614729) on Saturday July 28, 2012 @01:49AM (#40799341) Journal

        But, don't be in any hurry to violence. Use the four boxes in defense of liberty in the order established. At this point, Ghandi achieves more than Patrick Henry. Don't provide a convenient excuse for the government to declare martial law and roll out the Nat. Guard.

        But if we are finally forced to the last box, don't forget ol' Pat.

        "Ballot" was rendered inert as soon as we adopted the two-party, first-past-the-post system.

        "Soap" stop being useful with the incestuous relationship between Corporates and Government.

        So tell me how this story isn't pretty compelling evidence that "Jury" is FUBAR, too?

        • The bit people seem to be overlooking, though, is that the ammo box is already useless now as well. Do you really think even a large *maybe* semi-organised militia of current-generation mind-mush fatties who have mostly never fired a gun, let alone at a moving target, let alone at a moving human target, are going to be any match for even a small detachment of the US military? I've spoken to a couple marine types after they've seen real action.. scary shit. They have little-to-no qualms attacking civilian
          • Re:The goverment (Score:5, Insightful)

            by BlueStrat (756137) on Saturday July 28, 2012 @07:16AM (#40800345)

            I've spoken to a couple marine types after they've seen real action.. scary shit. They have little-to-no qualms attacking civilians if they are ordered to; for some the distinction between our civilians /or/ others' civilians doesn't even exist.

            I grew up on military bases. I know a lot of military personnel, even up to a couple of full-bird colonels and two generals. We've actually had this discussion. I've yet to find any that would fire on US citizens, unless they were like radical Islamic types or similar.

            If it came down to the government ordering the US military to "occupy" US cities and towns, round people up into camps, and basically carry out a "government takeover" and provide armed pacification and suppression against civilians, they would refuse, arrest the ones issuing the orders, and even launch an assault on government-loyalist positions if need be if things were that bad.

            Google "Oath Keepers". There are many more that feel the same way but are reluctant to expose their beliefs, positions in the power structure, and/or telegraph any possible actions they might need to take in a desperate situation. Be assured a sizable chunk of the US NG and military will throw their lot (and their lives and military assets) in with the civilians in the event of such a takeover attempt.

            What the real worry is for me are the treaties and agreements (both open and secret) with other countries that could provide for bringing in foreign troops for civilian pacification and rebellion suppression.

            Still, the US government and any forces they employ will face the same threat that prevented both Germany and Japan from seriously considering invasion/occupation. A rifle behind every blade of grass, and knowing the kind of hardware hackers, etc, we have here in the US these days, new and ingenious IEDs lining every freeway, side-road, sidewalk, and footpath, and death waiting behind every window and door, plus our own home-brew drones. That's not even counting the military weapons and other assets that will surely be "liberated".

            Unless they are willing to simply kill off ~70%-80% of the US population right from the start with WMDs, an occupation of the US would make Vietnam, Afghanistan, or any of the bloodiest campaigns of WW1 or WW2 look like a stroll in the park. Can you imagine? Former cops, gang-bangers, and mixed military all forming into ad-hoc combat units and working together against a common threat. Not the way I'd choose to unite the country, but revolution and upheaval does make for strange bedfellows when the feces strikes the rotary air circulation device.

            I most fervently hope and pray that violence can be avoided. It would be such a waste of life and potential, and an unspeakable tragedy for so many. Sadly, sometimes those who lust for power and control make avoiding it impossible.

            Strat

            • by russotto (537200)

              If it came down to the government ordering the US military to "occupy" US cities and towns, round people up into camps, and basically carry out a "government takeover" and provide armed pacification and suppression against civilians, they would refuse, arrest the ones issuing the orders, and even launch an assault on government-loyalist positions if need be if things were that bad.

              Sure. If the higher-ups were to tell them that's what they were doing. They wouldn't. They'd claim there were terrorist, drug

  • Wait what? (Score:5, Interesting)

    by Anonymous Coward on Saturday July 28, 2012 @12:30AM (#40799029)

    Guilty until proven innocent?

  • Who needs the law? (Score:5, Insightful)

    by margeman2k3 (1933034) on Saturday July 28, 2012 @12:32AM (#40799037)
    Who needs things like laws and due process when the government can just shut down your business without them?
    • by rahvin112 (446269) on Saturday July 28, 2012 @01:44AM (#40799321)

      We have hope yet.

      If NZ unfreezes DotCom's NZ assets he will have the resources to fight this case all the way to the supreme court. This is exactly the type of case we need to undo the illegal forfeiture laws in this country with a clear cut case of government abuse. Don't get me wrong, Dotcom's hands aren't clean, but I've never liked how the government proceeds with asset forfeitures to take away the defendants ability to defend themselves.

  • 'Murica... (Score:2, Funny)

    by Anonymous Coward

    Fuck yeah.

  • Face it (Score:5, Insightful)

    by virb67 (1771270) on Saturday July 28, 2012 @12:37AM (#40799075)
    Face it. This is no longer a country of laws. The powers that be do what they want, how they want, whenever they want. Get used to it.
    • Get used to it.

       
      If you wanna bend over and get it, that's your choice
       
      But do not bet on it that many will follow you
       

  • by geoffrobinson (109879) on Saturday July 28, 2012 @12:46AM (#40799111) Homepage

    This happens with citizens all the time.

    http://reason.com/archives/2010/01/26/the-forfeiture-racket/singlepage [reason.com] (Behind a paywall, bu the first paragraph will give you the gist.)

    You get arrested for a crime. Your assets are seized. Charges are dropped or you are found not guilty. They don't give you your assets back.

  • by RPI Geek (640282) on Saturday July 28, 2012 @12:46AM (#40799117) Journal
    Doesn't this violate the Speedy Trial Clause?
    • by Anonymous Coward on Saturday July 28, 2012 @01:00AM (#40799173)

      Bart: The Constitution? I'm pretty sure the PATRIOT Act killed it to ensure our freedoms.

    • No, the 6th amendment is only for US citizens. Foreigners and companies do not enjoy such rights. One of the reasons why things like Gitmo get to exist is exactly this. You may want to amend the 6th amendment to include any person or company, if freedom and equal rights mean anything to you as People of the USA.
      • by Aighearach (97333)

        You're close, but it has more to do with being present in the US. Immigrants generally have the same legal rights as citizens. Very few rights, such as voting, are spelled out for citizens, almost all other rights are for people. So in the case of gitmo the SCOTUS ruled not they mostly don't have standing in US court because they're actually in Cuba, and theoretically have access to Cuban courts instead.

        I understand that that is ridiculous, but in a different way than what you claim.

        Presumably if Kim Dotcom

  • Declare the assets breaking the law and seize them. Since assets have no rights they can keep them indefinitely. Highly unConsitutional but it hasn't stopped them yet.
  • This story is tagged "piracy". One can only assume it's referring to the opinions of the US Attorney...

  • by Bob9113 (14996) on Saturday July 28, 2012 @12:49AM (#40799131) Homepage

    Not only that, but the government believes it can continue to freeze Megaupload's assets and paralyze its operations even if the judge grants the motion to dismiss.

    The message they are sending seems to be: If you do something that might piss off a powerful enough lobby in the United States, even if the legal system sides with you, get your money out of the country.

    That doesn't seem like a very smart message to send.

  • Sometimes, i have the feeling that the government is one big, stupid, nasty, bulling, KID.
    Then i wake up, and realize that it is not just a feeling...
  • by jcr (53032) <[jcr] [at] [mac.com]> on Saturday July 28, 2012 @01:12AM (#40799215) Journal

    US Constitution, Amendment V:

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    An executive branch agency just deciding to keep your property because they don't like the outcome of their attempt to indict you is not the "due process of law". In fact, it's quite the opposite: it's grand larceny.

    While I hold no illusions about the US government's willingness to break the law and violate the constitution whenever they find it convenient to do so, the constitution remains the entirety of the legal basis for its existence. When the government violates the constitution, it does not act as the agent of the people, but as usurpers of the people's sovereign power.

    -jcr

    • by shentino (1139071)

      Then in theory, if the government sues your property, you can intervene in the lawsuit.

    • Re: (Score:2, Funny)

      by Anonymous Coward

      Civil forfeiture is a key part of the war on drugs. If not for it, you could practically buy illegal drugs at will. I'm more than willing to give up some rights considering how much safer this makes us all.
       
        - Lots of stupid Americans

      • The "war" on drugs makes you feel safer? In the 30 years or so that I remember of it I've felt less and less safe as drug dealers get more militant and violent The police have gotten far more violet to match but they inflict that on everyone while they retreat behind more layers of protection.

  • by Anonymous Coward

    If they don't follow the law then they're not the government they're just a gang.

    Like the thugs in any 3rd world hole - they're already making threats of what they'll do regardless of what the court rules.

    Pack them up and send them off to North Korea where they belong.

  • Expired (Score:5, Insightful)

    by symbolset (646467) * on Saturday July 28, 2012 @01:28AM (#40799267) Journal

    Biden brought the Hollywood money back in the day, and that got him the VP slot and his **AA bosses some seats in the Justice Department, including Mr. MacBride who's working Kim Dotcom today. Despite the whole "supporting your vice president" thing, that's a liability moving into new elections. I don't want to think the O-man needs to or wants to make these sacrifices as an incumbent. He's a constitutional scholar and I think, a geek like us. At least I hope so.

    BTW: I really hate the politicization of /. during crazy season. And yet here I am contributing to it.

    • I don't want to think the O-man needs to or wants to make these sacrifices as an incumbent. He's a constitutional scholar and I think, a geek like us. At least I hope so.

      Obama is no geek. He's no academic, or intellectual. He's a 'community activist' (read agitator) who has adopted the mannerisms of the intellectual.
      If you doubt me, just try to find the scholarly work you would expect of someone with his academic credentials. I'll wait.

    • by dcollins (135727)

      Wow, someone has not been paying attention. I mean: I donated and phone-banked for Obama in 2008. But his record on Constitutional issues is uniformly abysmal. I am now convinced that he has no moral principles at all.

  • by Jerry (6400) on Saturday July 28, 2012 @01:37AM (#40799297)

    ALL the branches of the US government have become corrupt outlaws who have no clue as to what the Bill of Rights means. It's behavior for the last 8 years is a dictionary example of "power corrupts", made worse by the insufferable arrogance they display.

  • by Anonymous Coward

    The US government accused Kim Dotcom of racketeering. And now they say they themselves are the real racketeers. Oh the irony.

  • ... I am the law...

  • And the school bully can still kick anybodies ass after he has been to the principles offices and been told not to.

    Until the American People stop it, it will go further. People now bitch and moan a bit. At one point they will want to do something about it and it will be too late to do this in a civil matter.

    At some point you would want your rights back. This can happen peacefully, or this can happen by a lot of bloodshed.

    No idea what will trigger it or when it will happen. There will be an enormous outcry a

  • by Tanuki64 (989726) on Saturday July 28, 2012 @05:58AM (#40800135)

    ...why I should care for American copyright laws? Ahh, forget it. I would ignore them anyways.

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