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When writing about the American judge Megaupload, if the party of the U.S. government that, although not technically able to serve society (as it has no presence in the United States ), the criminal case could continue, Megaupload supposed to call. But even before the call, the company asked the judge to reconsider, on the basis of an earlier application and the comments of the judge himself. The fact is that the judge's decision focuses only if the charges against Megaupload (but not people charged in connection with the company) permanently abandoned for lack of service (in terms of legal fees, would be dismissed "with prejudice"). However, the judge noted that perhaps it would be logical that the charges are dropped topic

- meaning that fell temporarily - until the moment when Kim Dotcom was extradited to the United States, and could serve as an "alter ego" of the company. judge has not ruled on the issue, however, since (according to him) Megaupload had not requested a temporary halt.

In response, however, promptly filed a motion Megaupload remind the judge that he had, in fact, suggested provisional dismissal in July, citing the transcript in argument, which also indicates why due process suggests that it is the only correct result for a company that has been killed and has no recourse because it has not really been charged:

COURT: Well, that's what I claim to be a society at a given date? No settlement date there appears no legal limitation, and to understand its due process argument. So what if I, you know, it starts with an idea that I can not control when the government decides to serve society. Where do we go from here?

MR. Burck:. Well, Your Honor, it seems that if the Court were to decide in progress in this direction, as an argument, the result appropriate to dismiss the indictment without prejudice



Because society, once again, has already suffered the consequences of a criminal, so that-

even if there is a trial and the company is absolved and acquitted individuals are, of course, the company is yet to come.




Therefore, we believe that the proper application ensures victory all other issues, and we believe that if the Court is inclined so that the government should take measures to render the service, or if the extradition proceedings that would be appropriate timing, again, society should have the opportunity during this time to try and rehabilitated because there is currently insufficient for the purposes of criminal service and suffered considerable damage. So, of course, it would not be our preference, and I think the Supreme Court says that you can not change function rules etc, but it is in our memory, but I think the alternative is dismissal without prejudice, the government will in due time, then pass the load again, adding the company in the act charges.
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