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Megaupload asks US court to dismiss indictment, cites jurisdiction

John Ribeiro | May 31, 2012
Megaupload cannot be brought within the jurisdiction of a federal court in Virginia for criminal proceedings without its consent, as federal rules do not contemplate service of a criminal summons on a wholly foreign corporation without an agent or offices in the U.S., its lawyers said in a filing on Wednesday.

To date, the government has not served a summons on any officer or agent of Megaupload, according to the proposed motion, as Megaupload does not have any officers or authorized agents for service of process in the U.S., according to the motion.

As Megaupload does not have an office in the U.S., nor has it had one previously, the service of a criminal summons on Megaupload is therefore impossible, which forecloses the government from prosecuting Megaupload, the counsels have argued in the filing.

Even if Dotcom is extradited to the U.S., the government cannot properly serve Megaupload, because the second part of rule 4 will still not be satisfied.

The court should dismiss the indictment against Megaupload to prevent any further injustice, according to the filing. U.S. officials were not immediately available for comment.

 

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