Tuesday, May 29, 2018

Case of the Day: United States v. Marsteller, 2018 U.S. Dist. LEXIS 87117 (W.D. Va. May 23, 2018)


The defendant is a Hong Kong resident who allegedly failed certain reporting requirements for his foreign bank accounts. After filing suit, the United States requested the defendant to waive service. The defendant sent an email showing a photograph of the signed waiver, but did not send the physical copy of the waiver. The United States then attempted Hague service on the defendant, but the Hong Kong authorities were unable to serve the defendant. The United States then petitioned for an alternative service via email.

The court granted the petition, recognizing "the United States' prior diligent efforts to effect service."


A straightforward case, worth noting as a reminder of sorts that this is typically the type of effort required to obtain a leave for alternative service.

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