Attorney Authored
Indicting a Foreign Company: Satisfying the Technical Requirements of Criminal Rule 4 by Resorting to the Civil Alter Ego Doctrine?
February 11, 2013
BY THOMAS P. O'BRIEN, DANIEL PRINCE, & KATHRYN C. WANNER
Although the prosecution of foreign corporations has increased in recent years,i United States Department of Justice (DOJ) policies offer little guidance to prosecutors regarding the service of process on foreign corporations pursuant to Rule 4 of the Federal Rules of Criminal Procedure (Rule 4). That rule requires the Government to effect service on a corporation by (1) delivering a copy of the summons to an officer, to a managing or general agent, or to another agent appointed or legally authorized to receive service of process (the Delivery Requirement), and (2) mailing the summons to the companys last known address within the district or to its principal place of business elsewhere in the United States (the Mailing Requirement).
