Earlier this month, we pointed out that the Justice Department had asked the federal courts to amend the federal rules concerning issuing a summons on a corporation. As the filing made clear, they were concerned about being able to serve criminal complaints on foreign companies with no US presence, since the law clearly says that you need to send a summons to "the organization's last known address within the district or to its principal place of business elsewhere in the United States." If they can't do that, they don't meet the qualifications of the summons.
We thought it was noteworthy that the DOJ was looking to change that rule and wrote about it. It appears that the lawyers for Megaupload have noticed this same point... and quickly realized that this filing pretty clearly contradicted the DOJ's own statements in the Megaupload case, where they insisted that the existing rules did not get in the way of serving Megaupload. Megaupload is using that to renew its request to have the indictment dismissed.
Back in January, it seems, the DOJ told the court that there was no issue at all with the fact that Megaupload had no US address. As Megaupload summarizes in its filing:
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