Pre-trial seizure isn't un-precedented nor inherently evil.
The Feds freeze the assets of a fraudster, e.g. Bernie Madoff, when accused of a crime. They are not yet proven guilty, no, but there is a pragmaticism that underlies the decision to trade defendant rights for the public good.
In the Madoff case his company was put under receivership, not seized: http://www.sec.gov/news/press/2008/2008-293-order.pdf
And ownership wasn't transfered of anything: he was enjoyed from transferring or disposing of value.
Per the document linked to Madoff's estate was put under an "order freezing assets" [1]. Dotcom's property is described as being "seized and restrained" [2], not confiscated or forfeited.
Seems like that's an awful fine line. How is that different from the MPAA claiming that Megaupload is a fraud that has stolen money that belongs to them? How do you come up with a set of objective rules that can treat one accused fraudster different from another?
The Feds freeze the assets of a fraudster, e.g. Bernie Madoff, when accused of a crime. They are not yet proven guilty, no, but there is a pragmaticism that underlies the decision to trade defendant rights for the public good.