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Expert Analysis

Can US Serve Federal Criminal Summons On Foreign Cos.?

Law360, New York (April 13, 2015, 5:20 PM EDT) -- On April 1, 2015, the U.S. Court of Appeals for the Seventh Circuit heard oral argument in United States v. Sinovel Wind Group Co. Ltd., Nos. 14-3013 & 14-3105, the first-ever appellate case to raise the issue of whether the U.S. government can rely on an "alter ego" theory to serve a federal criminal summons on a foreign defendant by way of its U.S.-based subsidiary. Assuming that the court finds appellate jurisdiction or agrees to entertain a mandamus action — which is uncertain — it will become the first court of appeals to squarely decide whether the "alter ego" theory of service is viable under the current Federal Rules of Criminal Procedure....

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