Kim Dotcom fights US extradition in New Zealand’s top court

Legal Events

Internet entrepreneur Kim Dotcom and three of his former colleagues on Monday took their fight against being extradited to the U.S. to New Zealand’s top court.

The Supreme Court began hearing arguments in the seven-year-old case after Dotcom and the others lost several previous court rulings.

But even if the men lose their latest appeal, they have legal options which could keep their case alive in the New Zealand court system and delay any extradition for several more years.

U.S. authorities in 2012 shut down Dotcom’s file-sharing website Megaupload and filed charges of conspiracy, racketeering and money laundering. If found guilty, the men could face decades in prison.

Megaupload was once one of the internet’s most popular sites. U.S. prosecutors say it raked in at least $175 million, mainly from people using it to illegally download songs, television shows and movies.

Ira Rothken, one of Dotcom’s lawyers, said in an interview that if anyone did something illegal in relation to Megaupload, it was the users.

“This case is all about trying to hold Megaupload and Kim Dotcom and the others responsible for the acts of users,” Rothken said. “And we’re saying you can’t do that. You can’t do that in the United States and you can’t do that in New Zealand.”

The Supreme Court has scheduled five days to hear the appeal. After that, it could take them several months to issue their decision.

Should the Supreme Court uphold the earlier court rulings and find the men are eligible for extradition, then New Zealand’s Justice Minister Andrew Little would need to make the final decision on whether the extraditions should proceed. And Little’s decision could also be appealed in the courts.

Dotcom, who was arrested in 2012 during a dramatic police raid on his mansion and incarcerated for a month, was released on bail more than seven years ago.

In addition to Dotcom, who founded Megaupload and was its biggest shareholder, the U.S. is also seeking to extradite former Megaupload officers Mathias Ortmann, Bram van der Kolk and Finn Batato. The indictment was filed in the U.S. District Court in eastern Virginia.

Dotcom did not attend Monday’s hearing, although the other three men did. Rothken said Dotcom was at his home in Queenstown and was being kept informed of developments.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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