Megaupload, the defunct file-sharing behemoth founded by German millionaire Kim Dotcom, has taken another stab at getting a criminal copyright indictment against it dismissed. Last week, the company’s lawyers at Quinn Emanuel Urquhart & Sullivan and the Rothken Law Firm filed a motion claiming that the Department of Justice has deprived the company of due process and put it in “criminal limbo.”

In this 16-page court filing, the lawyers point out that even though the government hasn’t served Megaupload with a summons, it has shut down its website and frozen its assets, leaving it no money to defend itself and subjecting it to “daily, irreparable harm.”