Megaupload Case May Be Dead in the Water for Service Issues - WJunction

citykitteh · 20th Apr 2012, 10:02 PM

http://www.nzherald.co.nz/business/n...ectid=10800409

Quote:

United States district court judge Liam O'Grady said he didn't know if "we are ever going to have a trial in this matter" after being told Dotcom's file-sharing company had never been formally served with criminal papers by the US.

Basically, the United States has very strict rules about notifying people of lawsuits and how long you have to do so an it appears that they screwed up service on the actual business entity Megaupload.

The NZ News article has the bare bones and Ernesto at Torrent freak has more info here:

http://torrentfreak.com/megaupload-t...e-says-120420/

Quote:

If this issue indeed prevents Megaupload from being tried in the US, it would be a blunder of epic proportions. And it is not the first “procedural” mistake either.

Last month the New Zealand High Court declared the order used to seize Dotcom’s property “null and void” after it was discovered that the police had acted under a court order that should have never been granted.

The error dates back to January when the police applied for the order granting them permission to seize Dotcom’s property. Rather than applying for an interim restraining order, the Police Commissioner applied for a foreign restraining order instead.

The exact ramifications of the failure to serve will become apparent in the near future.

cvrle77 · 20th Apr 2012, 10:07 PM

LOL, if they fail that will really be the biggest fail I ever saw

Oh, I would LOVE to see that....

ShareShiz · 20th Apr 2012, 10:11 PM

By the looks of it. MAJOR FAIL.

.. but I wonder if MU will ever come back

citykitteh · 20th Apr 2012, 10:11 PM

Just by reading the indictment, it's clear the US Attorney's Office has expended a vast amount of resources investigating this case. That doesn't even count the hours of court time and attorney time that has been spent on extradition, seizure motions and the like. What's more, how badly they messed up the service could lead to sanctions against them in Megaupload's favor -- if it was done incorrectly enough -- to cover attorney's fees to defend them.

LEVAC109 · 20th Apr 2012, 10:33 PM

Quote:

Originally Posted by citykitteh

Just by reading the indictment, it's clear the US Attorney's Office has expended a vast amount of resources investigating this case. That doesn't even count the hours of court time and attorney time that has been spent on extradition, seizure motions and the like. What's more, how badly they messed up the service could lead to sanctions against them in Megaupload's favor -- if it was done incorrectly enough -- to cover attorney's fees to defend them.

So you're saying the US government will be shutdown?

citykitteh · 20th Apr 2012, 10:34 PM

Haha! No! They could just be sanctioned by the court and required to pay the Megaupload guy's attorneys fees. Otherwise, big troubles with the court. But if that happened, the court would look at the bills for the attorney fees and decide how much of it is reasonable to pay. Lots of times those bills get cut in half.

LEVAC109 · 20th Apr 2012, 10:36 PM

Quote:

Originally Posted by citykitteh

Haha! No! They could just be sanctioned by the court and required to pay the Megaupload guy's attorneys fees. Otherwise, big troubles with the court. But if that happened, the court would look at the bills for the attorney fees and decide how much of it is reasonable to pay. Lots of times those bills get cut in half.

Yes! I like that US to do that. I mean, they destroyed MU's business and where they gonna get money if they just leave and say go back and do whatever you want to do, you're free

Lol. It makes sense now. US should pay!

citykitteh · 20th Apr 2012, 10:39 PM

We'll see what happens, but lots of times when attorneys make big screw-ups like this, judges try to help cover unfair costs the other party had to pay.

aussiegeorge · 20th Apr 2012, 11:03 PM

lol he will win as it's NZ and the Laws are more enforced not covered over.

JGM · 21st Apr 2012, 01:12 AM

Sorry but wait a damn minute here... this has only just come to light and yet in various threads I have specifically said how can this case even be on going still due to this "error" (whatever it may be).

Not to blow my own horn here but it says a lot when somebody with no real knowledge of the legal system can make a decision on something which is accurate compared to these guys that takes weeks/months/years to come to same decisions!

JGM.

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20th Apr 2012, 10:07 PM	#2
cvrle77 My Statistics Join Date: Aug 2009 Posts: 5,752 Liked: 3,644 Times Rep Power: 10	LOL, if they fail that will really be the biggest fail I ever saw Oh, I would LOVE to see that....
	Quote

20th Apr 2012, 10:11 PM	#3
ShareShiz Banned Website(s): ihide.info My Statistics Join Date: Feb 2010 Posts: 2,901 Liked: 1,210 Times Rep Power: 0	By the looks of it. MAJOR FAIL. .. but I wonder if MU will ever come back
	Quote

20th Apr 2012, 10:11 PM	#4
citykitteh My Statistics Join Date: Mar 2012 Posts: 59 Liked: 67 Times Rep Power: 2	Just by reading the indictment, it's clear the US Attorney's Office has expended a vast amount of resources investigating this case. That doesn't even count the hours of court time and attorney time that has been spent on extradition, seizure motions and the like. What's more, how badly they messed up the service could lead to sanctions against them in Megaupload's favor -- if it was done incorrectly enough -- to cover attorney's fees to defend them.
	Quote

20th Apr 2012, 10:34 PM	#6
citykitteh My Statistics Join Date: Mar 2012 Posts: 59 Liked: 67 Times Rep Power: 2	Haha! No! They could just be sanctioned by the court and required to pay the Megaupload guy's attorneys fees. Otherwise, big troubles with the court. But if that happened, the court would look at the bills for the attorney fees and decide how much of it is reasonable to pay. Lots of times those bills get cut in half.
	Quote

20th Apr 2012, 10:39 PM	#8
citykitteh My Statistics Join Date: Mar 2012 Posts: 59 Liked: 67 Times Rep Power: 2	We'll see what happens, but lots of times when attorneys make big screw-ups like this, judges try to help cover unfair costs the other party had to pay.
	Quote

20th Apr 2012, 11:03 PM	#9
aussiegeorge My Statistics Join Date: Jan 2011 Posts: 64 Liked: 10 Times Rep Power: 3	lol he will win as it's NZ and the Laws are more enforced not covered over.
	Quote

21st Apr 2012, 01:12 AM	#10
JGM My Statistics Join Date: Jan 2008 Posts: 1,114 Liked: 346 Times Rep Power: 10	Sorry but wait a damn minute here... this has only just come to light and yet in various threads I have specifically said how can this case even be on going still due to this "error" (whatever it may be). Not to blow my own horn here but it says a lot when somebody with no real knowledge of the legal system can make a decision on something which is accurate compared to these guys that takes weeks/months/years to come to same decisions! JGM.
	Quote