A fresh legal bid to throw out the case against Kim Dotcom in the United States is being made after claims of an FBI double-cross.
Evidence has emerged showing the Department of Homeland Security served a search warrant on Mr Dotcom's file-sharing company Megaupload in 2010 which he claims forced it to preserve pirated movies found in an unrelated piracy investigation.
The 39 files were identified during an investigation into the NinjaVideo website, which had used Megaupload's cloud storage to store pirated movies.
When the FBI applied to seize the Megaupload site in 2012, it said the company had failed to delete pirated content and cited the earlier search warrant against the continued existence of 36 of the same 39 files.
The details emerged after the US District Court in East Virginia allowed partial access to the FBI application which led to the shutdown of the Mega family of websites.
Other information from the case to emerge this week includes a collection of photographs from the day of the raid at Mr Dotcom's Coatesville property on January 20 this year. The High Court released the material after applications from the Herald.