Megaupload, Kim Dotcom, and others filed their reply brief today in the Fourth Circuit Court of Appeals urging the Court to reverse the trial court’s finding of “Fugitive Disentitlement.”
Here is an excerpt from the reply brief:
“The government asks this Court to affirm a forfeiture order that is purely ad- visory, was justified only by Claimants’ exercise of their right to oppose extradi- tion, and was obtained without any opportunity to contest the government’s case on the merits. Our justice system requires more. Claimants have not been con- victed of any crime, have not fled the jurisdiction, and have not been extradited. They stand ready to defend their property—located entirely in countries that have refused to enforce the U.S. forfeiture orders. But without considering the merits, the district court declared that property forfeited. That order contravenes funda- mental jurisdictional requirements, statutory commands, and due process…”
Read the full reply brief.