Read US v Miller or Emmerson and you will get a better idea of what the law really is.
I'm familar with Miller vs USA, about 1939 or so, Mr. Miller was unable to appear in court, since he had died before the court date, but I am not familar with Emmerson, can you give me a bit of info?
http://www.stephenhalbrook.com/lawsuits/ami-bri.html