A few weeks ago Dotcom and his former colleagues petitioned<\/a> the Supreme Court to take on the case.<\/p>\n They don\u2019t see themselves as \u201cfugitives\u201d and want the assets returned. The US Government opposed the request<\/a>, but according to a new reply filed by Megaupload\u2019s legal team, the US Government ignores critical questions.<\/p>\n The Government has a \u201cvested financial stake\u201d in maintaining the current situation, they write, which allows the authorities to use their \u201cfugitive\u201d claims as an offensive weapon.<\/p>\n \u201cFar from being directed towards persons who have fled or avoided our country while claiming assets in it, fugitive disentitlement is being used offensively to strip foreigners of their assets abroad,\u201d the reply brief (pdf<\/a>) reads.<\/p>\n According to Dotcom\u2019s lawyers<\/a> there are several conflicting opinions from lower courts, which should be clarified by the Supreme Court. That Dotcom and his colleagues have decided to fight their extradition in New Zealand, doesn\u2019t warrant the seizure of their assets.<\/p>\n \u201cAbsent review, forfeiture of tens of millions of dollars will be a fait accompli without the merits being reached,\u201d they write, adding that this is all the more concerning because the US Government\u2019s criminal case may not be as strong as claimed.<\/p>\n \u201cThis is especially disconcerting because the Government\u2019s criminal case is so dubious. When the Government characterizes Petitioners as \u2018designing and profiting from a system that facilitated wide-scale copyright infringement,\u2019 it continues to paint a portrait of secondary copyright infringement, which is not a crime.\u201d<\/p>\n The defense team cites several issues that warrant review and urges the Supreme Court to hear the case. If not, the Government will effectively be able to use assets seizures as a pressure tool to urge foreign defendants to come to the US.<\/p>\n \u201cIf this stands, the Government can weaponize fugitive disentitlement in order to claim assets abroad,\u201d the reply brief reads.<\/p>\n \u201cIt is time for the Court to speak to the Questions Presented. Over the past two decades it has never had a better vehicle to do so, nor is any such vehicle elsewhere in sight,\u201d Dotcom\u2019s lawyers add.<\/p>\n Whether the Supreme Court accepts or denies the case will likely be decided in the weeks to come.<\/p>\n Source: \u00a0![\"TorrentFreak\"](\"http:\/\/worldjusticenews.com\/news\/wp-content\/uploads\/2016\/11\/torrentfreak.png\")
<\/a> TorrentFreak.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"