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Kim Dotcom Bail Granted: Megaupload Founder Not Flight Risk, New Zealand Judge Rules (UPDATE)

Kim Dotcom Bail

The Huffington Post   First Posted: 02/21/2012 6:03 pm Updated: 02/22/2012 9:08 am

After a month behind bars, Kim Dotcom, founder of recently shuttered cloud-based content locker service Megaupload, has been granted bail by a New Zealand judge.

The New Zealand Herald reported the news around 10:30 a.m. Wednesday morning, local time.

The Megaupload website was seized on January 19 by the U.S. Justice Department. On January 20, New Zealand authorities arrested Dotcom (née Kim Schmitz and Kim Tim Jim Vestor), 38, at his luxurious New Zealand countryside home. During the raid, police had to break into a heavily barricaded safe room inside Dotcom's estate, where he had barricaded himself. Authorities also arrested Megaupload employees Mathias Ortmann, Bran van der Kolk and Finn Batato and "seized guns, millions of dollars, and nearly $5 million in luxury cars" from Dotcom's rented estate, according to Reuters,

U.S. authorities allege that Megaupload, which allowed users to upload and share content relatively cheaply, deliberately violated copyright law and may have cost rights-holders $500 million. Prosecutors also said Dotcom and his associates netted over $175 million since Megaupload launched in 2005 and accused the four men of conspiracy to commit money laundering and racketeering, per Reuters.

Days after his arrest, a judge in Auckland, New Zealand deemed Dotcom a flight risk and denied him bail. Although his $30 million estate was seized by police in the January 20 raid, his pregnant wife and their three children were allowed to remain in a $4.3 house attached to the property, writes Television New Zealand.

The United States may still try to extradite Dotcom. From CNET:

A spokesman for the U.S. Attorney's Office for the Easteran District of Virginia, told CNET that its lawyers have yet to file extradition paperwork with the New Zealand court and have until March 2 to do so. It's unclear how long after the paperwork is filed that extradition proceedings would take place.

Two of Dotcom's associates, Finn Batato and Bram van der Kolk were granted bail on February 9.

According to the New Zealand Herald, Dotcom "was granted bail on the condition that he does not use the internet." At least one of his associates was granted bail earlier this month on similar conditions, says Fox News.

UPDATE: Following his release, Kim Dotcom offered a brief statement to members of the press gathered outside the Wellington courthouse. "I am relieved to go home to see my family, my three little kids and my pregnant wife," he said, according to the AP. "And I hope you understand that that is all I want to say right now."

The AP went on to write the following: "North Shore District Court Judge Nevin Dawson found that the German-born Dotcom no longer posed a significant flight risk because, as far as the court was aware, he wasn't hiding any money or assets that could help him flee the country."

TechCrunch reports that other conditions of Dotcom's bail prevent him from travelling more than 80 km from his home (except for emergencies) and won't permit helicopters on his estate.

Take a look at the slideshow (below) to see videos depicting Kim Dotcom's lavish lifestyle prior to his arrest in January.

MegaUpload Founder Kim Dotcom Released On Bail
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AUCKLAND, NEW ZEALAND - FEBRUARY 22: Kim Dotcom is guided through media after being released on bail at North Shore District Court on February 22, 2012 in Auckland, New Zealand. The megaupload.com founder, and four associates were arrested last month accused of internet piracy by US authorities. (Photo by Sandra Mu/Getty Images)
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After a month behind bars, Kim Dotcom, founder of recently shuttered cloud-based content locker service Megaupload, has been granted bail by a New Zealand judge. The New Zealand Herald reported th...
After a month behind bars, Kim Dotcom, founder of recently shuttered cloud-based content locker service Megaupload, has been granted bail by a New Zealand judge. The New Zealand Herald reported th...
 
 
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02:57 PM on 02/23/2012
The only place this dude will run to is the nearest KFC.
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02:49 PM on 02/23/2012
this guy supplies data infrastructure. its like locking up the CEO of AT&T because the mafia makes phone calls.

this is a harassment court case. abuse of the legal system.
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Erica McClellan
Don't Be A D...!
04:26 AM on 02/23/2012
Quite frankly I will not go to the theater to see a movie, it's a waste of money (stupidly overpriced), most that I've been in are sticky from spilled pop and candy, have an odd smell (not least of which is peoples' nasty perfumes and colognes) and having to deal with people talking and goofing around during destroys any possible enjoyment. Sure, I'll watch online and if I like a movie, I'll go buy the DVD. If I don't, I won't. If I can't watch movies online to see if it's worth it I'll buy more books (although I'm running out of room), because I am not going to waste what little money I have on something that turns out to be crap. Hollywood really needs to get over itself. There hasn't been an original idea in years and I haven't seen many actors that I think deserve that big of a paycheck. Besides, with a book it's like a movie in my head, where I decide what the characters and scenes look like. I can revisit them over and over, curl up in bed with one- they become like old friends that you actually take time with. I find that most movies bore me after watching a few times.
05:03 AM on 02/23/2012
Yeah - Hollywood actually expects us to pay for all these sub-par movies. Ha. Yeah right!? Although I will gladly pay for Netflix... even though they made their monthly fees higher lately, I still love Netflix haha.
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01:51 PM on 02/22/2012
It would be kind of hard for him to jump bail and try to leave the country,as big as he is physically and well known. And, where would he go, leaving a pregnant wife and his children?
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FreedomHaawk
10:46 PM on 02/22/2012
Brazil.
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08:05 AM on 02/23/2012
What's he going to do, swim there? He's in New Zealand.
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DeathSquad
Founding member of A.R.L.A.
01:38 PM on 02/23/2012
Like the article said, they just wanted to make sure he didn't have any hidden funds. All he would have to do is get together enough money to charter a private jet to a country that doesn't extradite to the U.S. and he's good.
01:35 PM on 02/22/2012
Go home to your wife and kids while your site stole money from other people's wife and kids.
06:09 PM on 02/22/2012
Do you work for Viacom?
09:58 AM on 02/23/2012
I don't need to work for the business being looted to know that looting is wrong.
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planetjeffy
On the other hand, you have different fingers.
07:28 PM on 02/22/2012
wrong
illegal downloads are a great way of marketing your art
http://www.artistshousemusic.org/videos/illegal+downloading+just+another+marketing+cost
09:57 AM on 02/23/2012
Sure, if the owner chooses to offer content for free for marketing. But it should be the owner's decision, not the mob looting.
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FullFrontal
11:24 AM on 02/22/2012
wow, wish i had enough money to make a judge look the other way from credit card fraud and insider trading.......
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VictoryBlue
Motorcycle rider, Legalization supporter, Texan
01:42 PM on 02/23/2012
Then you'd be in Congress.
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Channa
Everyone is entitled to my opinion.
11:15 AM on 02/22/2012
Is it just me or does he look like a Bond villain?
09:30 AM on 02/22/2012
moral of the story...don't host your site or use servers in the US.
11:52 AM on 02/22/2012
Absolutely. The best sites are in China, Russia or Sweden anyways.
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DeathSquad
Founding member of A.R.L.A.
01:39 PM on 02/23/2012
And don't operate from a country that extradites to the U.S.!
09:22 AM on 02/22/2012
I think this was just a exercise in public relations for the US. I believe this case will slowly disappear into the ether, The film and music industries got their message out, The president will get his financial backing from these industries in the coming election, innocent people will get their files back at some point, and everything seized from Mr Dotcom will eventually be returned.. It would be a crime if all those properties would be auctioned off and the proceeds went to the music and film industry when in actuality they can not definitively say how much money was lost in royalties.
01:00 PM on 02/23/2012
they can't really say anything was lost at all technically.
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authorized-user
No right way to do a wrong thing
08:27 AM on 02/22/2012
"Authorities also arrested Megaupload employees Mathias Ortmann, Bran van der Kolk and Finn Batato and "seized guns, millions of dollars, and nearly $5 million in luxury cars" from Dotcom's rented estate"

More importantly, they have copied all the files and passwords that he stored. More to come for his "customers".
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TallMagnolia
03:51 AM on 02/22/2012
Oh noes, better cut of his Internetz so he doesn't upload more pirated content! Plug up his tubes!
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Pete Marriott
Record Producer/Air Personality/All American
03:19 AM on 02/22/2012
So in other words...
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valmach
12:52 AM on 02/22/2012
Bravo ! ..
12:40 AM on 02/22/2012
All of these companies say he stole 500 million from them. But the CEO's still get payed over 50 million a year. They try and make it seem like piracy is putting them out of business, but that is not the case.
11:45 AM on 02/22/2012
Movies and music...dubious work at best. Entirely overpaid.
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12:33 AM on 02/22/2012
First thing he should do once he's rested is...sue the US DOJ
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frank day
Republican = FAIL
07:00 AM on 02/22/2012
It's coming.

This botched attempt to please the recording industry is going

to come back and bite us in the behind.
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drumz
Those little red panties they pass the test
01:37 PM on 02/22/2012
Agreed.