Megaupload lawyers argue for dismissal

SHUTTERED DATA LOCKER SERVICE Megaupload's lawyers have asked for dismissal of the US criminal case against the firm because its headquarters office is outside US jurisdiction.

In a brief they contended that the case does not stand up because the charges, which are said to be based on "scant evidence", were served on the company in a location that is outside US jurisdiction, that being Hong Kong.

"Megaupload filed a reply brief today asking the US Court to permit a limited appearance and to dismiss the criminal case arguing, amongst other things, that the United States failed to follow the rules which require a foreign corporation to have an office in the United States as a condition of service of an indictment and maintenance of the action violates due process," said a short post on the Rothken Law web site.

Ira Rothken, lead lawyer, was succinct in his tweeted opinion, saying that the US did not play fair.

#Megaupload filed a reply re dismissal today - the US is not playing by the rules - they indicted a foreign corp who cannot be served in US

— Ira Rothken (@rothken) June 21, 2012

The brief asks that an upcoming hearing on the case, tabled for 29 June, be used to hear the defendants' arguments for dismissal, and no other business.

"The Government should not need additional time to substantiate the basic premises of its prosecution, which has already laid waste to Defendants' business, deprived them of tens of millions of dollars in assets along with their ability to earn a living, and branded them as criminals whose liberty is confined," it read.

"In the spirit of compromise, however, Defendants suggest that the June 29th date be used to hear oral arguments on Megaupload's motion to dismiss for the Government's failure to serve the company." µ