Even if the motion to dismiss the Megaupload case is passed and they win their case against the U.S. government – which seems like a likely outcome, the government claims it will still keep Megaupload’s assets frozen. This is because it claims that Megaupload’s assets are as a result of criminal activity (even though the court ruling surely proves that it isn’t…) and hence they cannot be given back.
The government can retain control of the frozen assets whilst it awaits the outcome of the extradition case. Clearly keeping the assets frozen, thus preventing access to sufficient legal fees for Kim Dotcom, is the main tactic being deployed by the U.S. government in order to drag out this unjust case until they can find a way of manipulating justice in their favour.
U.S. attorney Neil MacBridge, argued that by giving Megaupload’s assets back they would essentially be returning stolen money to bank robbers.
“The Government’s interest in forfeiture is virtually indistinguishable from its interest in returning to a bank the proceeds of a bank robbery; and a forfeiture-defendant’s claim of right to use such assets to hire an attorney, instead of having them returned to their rightful owners, is no more persuasive than a bank robber’s similar claim.”