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FBI Details Evidence In MegaUpload Case

FBI Details Evidence In MegaUpload Case

The FBI has released an 191-page summary of its evidence against Kim Dotcom and his associates in the MegaUpload case. MegaUpload.com and related website were shut down in a worldwide operation in January 2012 which included a NZ raid and four arrests.

Dotcom remains in New Zealand pending extradition hearings. He has a new website.

More on the evidence summary: FBI releases evidence against Dotcom - NZ Herald News

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Full document: Mega_Evidence.pdf

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IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA
v.

KIM DOTCOM,
MEGAUPLOAD LIMITED,
VESTOR LIMITED,
FINN BATATO,
JULIUS BENCKO,
SVEN ECHTERNACH,
MATHIAS ORTMANN,
ANDRUS NOMM, and
BRAM VAN DER KOLK,
Defendants

Criminal No. 1:12CR3

Introduction and Summary of Evidence

As per Judge O’Grady’s Order of November 22, 2013, the United States of America has been authorized to provide notice to potential victims in the criminal case. As part of that notice, the government has been permitted to release a summary of the evidence that has already been provided to the defendants in the extradition process pending in New Zealand and that would have otherwise become public at the defendants’ extradition hearing (which has recently been rescheduled by the New Zealand District Court to start on July 7, 2014).

The government today has further served Judge O’Grady’s chambers with the notice package (including a copy of this summary) and has informed the clerk that Judge O’Grady’s Order may now be unsealed. Due to the length of the documents in the notice, the government will publish the notice through a release on a U.S. government website and will not file a copy electronically with the court clerk.

The summary reflects evidence reviewed by Assistant United States Attorneys Jay V.

Prabhu and Ryan K. Dickey of the U.S. Attorney’s Office for the Eastern District of Virginia for purposes of the extradition process and is not exhaustive of the evidence gathered by the government. The paragraphs are ordered based primarily on when they were submitted to the defendants. Additional information is expected to be provided in future submissions to the defendants. Personal identifying information such as bank account and passport numbers has been redacted.

1. Since March 2010, the Federal Bureau of Investigation (“FBI”) has been investigating the “Mega Conspiracy,” a worldwide criminal enterprise, which operates and administers several Internet websites that reproduce and distribute infringing copies of copyrighted works, including motion pictures, television programs, musical recordings, electronic books, images, video games, and other computer software. KIM DOTCOM (“DOTCOM”), MATHIAS ORTMANN (“ORTMANN”), BRAM VAN DER KOLK (“VAN DER KOLK”), FINN BATATO (“BATATO”), JULIUS BENCKO (“BENCKO”), SVEN ECHTERNACH (“ECHTERNACH”), ANDRUS NOMM (“NOMM”), and the companies MEGAUPLOAD LIMITED and VESTOR LIMITED (collectively, the “defendants”), as well as other individuals and companies, were members of the “Mega Conspiracy."

2. The Internet websites operated by the Mega Conspiracy (collectively, the “Mega Sites”) include but are not limited to at least the following: Megaupload.com; Megavideo.com; and Megaclick.com.

3. Throughout the investigation, the FBI has obtained millions of pieces of electronic mail (“e-mail”) from accounts associated with the subject matter of this investigation, which span a time period from as early as approximately March 2006 through December 2011.

The FBI has searched for and reviewed particular items and themes in these e-mails.

4. The FBI has conducted online undercover activities involving the Mega Sites.

These undercover activities include identifying, viewing, and downloading copyright-infringing materials on these websites; opening “premium” accounts on these websites to analyze how these websites operate from a customer viewpoint; and performing network analysis to further analyze how these websites operate. In addition, the FBI has reviewed financial transactions to, from, and between the defendants and others; has examined computer servers belonging to the Mega Conspiracy; and has confirmed that certain files found on the servers are copyrighted works.

[…]

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Full document: Mega_Evidence.pdf

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