Former MegaUpload.Com Execs Barred From Being Directors Until June 2028

• Mathias Ortmann and Bram van der Kolk prohibited from managing or being a director of any company.
• The prohibition remains effective until 15 June 2028.
• Prohibited under section 382 of the Companies Act 1993.

Two former executives of the disgraced MegaUpload.com platform, Mathias Ortmann and Bram van der Kolk, have been prohibited from managing or being a director of any company for five years.

In June 2023, the High Court at Auckland sentenced Mr Ortmann and Mr Kolk to two years, seven months and two years, six months imprisonment respectively, after both men were convicted of being part of a criminal group and causing loss by deception for their involvement in illegal reproduction and distribution of copyrighted works.

The convictions for causing loss by deception triggered a provision within the Companies Act 1993, which prohibits a person who has been convicted of any crime involving dishonesty from being a director or being involved, either directly or indirectly, in the management of a company for a period of 5 years from the date of conviction. 

Mr Ortmann and Mr van der Kolk were formerly executives of MegaUpload.com, which operated from 2005 to 2012. It was one of the largest and most sophisticated cyber locker platforms.

Both were found to have been involved in the reproduction and distribution of millions of copyrighted works through MegaUpload.com. 

“This prohibition protects the New Zealand public by ensuring that individuals with dishonesty convictions cannot be company directors.  It’s important to note that anyone that is convicted of a dishonesty offence, such as theft or fraud, is automatically disqualified from being company director for 5 years from the date of their conviction”, Vanessa Cook, Acting National Manager of the Ministry of Business Innovation and Employment’s Criminal Proceeds Integrity and Enforcement Team, said.

“As the former executives were part of global criminal enterprise that cost copyright holders billions of dollars, it was imperative for us to ensure they are prohibited from managing or being director of any company,” Ms Cook said.

Complaints about breaches of the Companies Act can be raised online via: Make a complaint | Companies Office

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