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reply to FF4m3
Re: NZ Judge Orders US To Hand Over Megaupload Documents Megaupload Asks Court to Dismiss The Criminal Case
quote:Motion to dismiss is here: »www.scribd.com/doc/95346463/Mega-Dismiss
Megauploads lawyers just filed a motion to dismiss at the District Court for the Eastern District of Virginia. Their argument is simple. The U.S. authorities failed to serve Megaupload as is required in a criminal case. Because of this failure and the fact that the company was effectively put out of business, Megauploads due process rights have been violated.
To claim a due process violation Megaupload has to shows that a liberty or property interest which has been interfered with by the State and that the procedures attendant upon that deprivation were constitutionally sufficient.
According to Megauploads lawyers this is certainly the case here.
Both prongs of the procedural due process test are plainly met here. The Government has seized Megauploads property and domain name, ruined its reputation, and destroyed its business pursuant to an indictment which is fatally flawed as a jurisdictional matter. Megaupload now finds itself in a state of abeyance, with no end in sight, they write.