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Ross Ulbricht Found Guilty On All 7 Counts In Silk Road Trial

blottsie writes Ross Ulbricht was convicted on Wednesday of running Silk Road, a Dark Net black market that became over a $100 million Internet phenomenon before Ulbricht's 2013 arrest. Ulbricht was found guilty on all seven felony charges he faced, including drug trafficking, continuing a criminal enterprise, hacking, money laundering, and fraud with identification documents. He faces up to life in prison for these convictions.

44 of 257 comments (clear)

  1. Terrible lawyering by the defense by Ralph+Wiggam · · Score: 3, Interesting

    I was shocked at how bad Ulbricht's defense was. They threw out two theories, hoping to raise reasonable doubt, and both were trounced by the government's evidence. Even if Ulbricht had really sold the site shortly after creating it and then was invited back recently to be the fall guy- he's still guilty of the conspiracies he was charged with because he came back in an admin role.

    I assume he picked his own lawyer and didn't have a public defender, but they were terrible. If you know you're going to court with a dog shit defense, just plead guilty and hope for leniency. Maybe the lawyer advised that and Ulbricht refused.

    1. Re:Terrible lawyering by the defense by hackwrench · · Score: 4, Interesting

      I read it was hampered by the prosecutor objecting to everything, and then they couldn't call expert witnesses.
      http://www.forbes.com/sites/sa...

  2. Re:If he actually did all that... by RoknrolZombie · · Score: 2, Insightful

    Yup, and as mentioned most of us won't even bother reading the transcript to know the difference.

    That's why injustice exists. Not because evil exists, but because apathy does.

  3. Up to life? by mr.mctibbs · · Score: 2

    My understanding of the Continuing Criminal Enterprise conviction is that it means he will be spending life behind bars without the possibility of parole, with no discretion afforded in to the judge in sentencing.

    1. Re:Up to life? by CauseBy · · Score: 2

      Off topic: "Continuing Criminal Enterprise" would be a good name for a band.

  4. Re:If he actually did all that... by alen · · Score: 2

    the FBI guy did catch him in the library at a computer with the silk road admin page on the screen

  5. Re:If he actually did all that... by alen · · Score: 2

    is the public supposed to read the transcripts of every criminal trial?

  6. Re:no attempted murder charges? by circletimessquare · · Score: 3, Informative

    i finally read TFA, you are correct:

    There is also a murder-for-hire charge looming large for Ulbricht in Maryland courts relating to what prosecutors say was an attempted—but failed—hit placed on a former employee. The supposed hitman was actually an undercover agent, and the murder, which cost $80,000, was allegedly staged with fake blood and photographed for Ulbricht’s approval.

    they'll probably still try him

    but indeed, it's rather pointless, with the other charges he's not getting out of prison regardless

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  7. Re:If he actually did all that... by CauseBy · · Score: 3, Insightful

    Seriously. RoknrolZombie makes a ridiculous point. If justice meant every citizen had to read every court transcript then justice would be impossible.

    Instead, we hire professionals to do that work for us. We call them "judges". To be extra super careful, instead of just having one judge we have several layers of judges who can overrule findings. The system is open to critique on the details but I can't imagine a fundamentally different system that would be better.

  8. Re:If he actually did all that... by kogut · · Score: 3, Insightful

    No, but it's a reasonable prerequisite for those who are expressing strong opinions about the outcome.

  9. Re:no attempted murder charges? by Kobun · · Score: 4, Interesting

    If they really want to make sure he stays in forever, they'll try him on this too. Only finding him guilty of the DPR charges means that they're the only thing keeping him in - an appeal might fix that. If he is found guilty of the murder-for-hire charge as well, his chances of successfully appealing them both and getting out are likely poor.

  10. And which law would you have them nullify? by sirwired · · Score: 3, Informative

    The idea that it should be illegal to knowingly profit from transactions of highly illegal products is not exactly an obscure or particularly controversial area of jurisprudence, nor it it an example of overly-broad vaguely-worded laws, like, say, CFAA prosecutions.

    And jury nullification is supposed to be for juries to nullify illegal laws (i.e. unconstitutional ones), not laws they might have a personal disagreement with.

    1. Re:And which law would you have them nullify? by Katmando911 · · Score: 2

      And jury nullification is supposed to be for juries to nullify illegal laws (i.e. unconstitutional ones), not laws they might have a personal disagreement with.

      The appeals process is how we overturn unconstitutional laws (Testing constitutionality is basically the Supreme Court's only job nowadays). Jury nullification is absolutely about overturning unjust laws whether the courts think they happen to be constitutional or not.

    2. Re:And which law would you have them nullify? by Kjella · · Score: 5, Insightful

      And jury nullification is supposed to be for juries to nullify illegal laws (i.e. unconstitutional ones), not laws they might have a personal disagreement with.

      And who's to stop them? This is why the legal system hates jury nullification, you can rule not just on the facts and the law but on who the accused and the victim are. Slutty drunk girl? Rape charges dismissed. White guy on trial killing a black guy? Murder charges dismissed. You can find several people in this thread who'd give him a free pass to break any law he wants because he's some sort of "hero" to them.

      If the legislative and/or judicial branch of the government is broken then trying to fix it with jury nullification is like putting a band aid on a man that has jumped on a grenade, the rules will keep changing until the rule of law is restored. It's random as one man is convicted today and another is let go tomorrow for the same crime depending on who's on jury duty. Take a look at your average jury, do you really think it would be used most for the right or wrong reasons? Even smart people here are more than willing to abuse it, now imagine the dumb ones.

      --
      Live today, because you never know what tomorrow brings
  11. Re: If he actually did all that... by CaptainDork · · Score: 4, Insightful

    Opinions about the outcome don't matter. Due process doesn't allow for crowd sourced judgments. The legal procedure is well established and time-tested.

    The guy is guilty as charged. That's not open to opinion and not reversible by public vote.

    There are appeal process, other until then, let be written, so let it be done.

    --
    It little behooves the best of us to comment on the rest of us.
  12. Particularly since these are federal charges by Sycraft-fu · · Score: 4, Interesting

    In the case where there's a state and a federal case, often the state will step aside and let the feds try theirs first and if they get the conviction, leave it with that. That is what happened with the loony who shot Gabby Giffords and others in Arizona. AZ had murder and attempted murder cases against him, but so did the federal government, since he killed a federal judge and tried to kill a congressman. AZ let the feds arrest and try him, so they incur the cost of imprisoning him in their facilities. He's away for life anyways, so it doesn't matter. In the event the federal case had failed, AZ could have then stepped in and moved forward on their charges.

    1. Re:Particularly since these are federal charges by linuxrocks123 · · Score: 3, Insightful

      You allude to one of the most disgusting loopholes in the US justice system, which is that double jeopardy does not apply across the federal/state boundary. So, yes, the feds can try you, you can be found innocent, and then the state gets another bite at the apple.

      This is VERY uncommon, though, because both federal and state prosecutors typically will, as agency policy, NOT exercise this right, because it's so unfair to do that and so out-of-keeping with the spirit of the constitution. But there have been instances where they have done this. And it's disgusting.

      --
      vi ~/.emacs # I'm probably going to Hell for this.
  13. Re:Buying drugs by BLToday · · Score: 4, Funny

    Or you know, you could just hop on a plane to Colorado.

  14. Travesty of Justice by Guy+From+V · · Score: 2, Insightful

    I've been following this trial for the last few weeks reading Ars, Wired, TechDirt and listening to Free Talk Live. The Judge basically hamstringed the defense ruling that they should only receive the prosecution's evidence against him...the weekend before the trial began. That right there is such a fundamental insult to the basic rights of any accused that should horrify and enrage anyone who believed in our justice system's impartiality. Add that to the fact that the judge allowed the the prosecution to use the accusations that Ulbricht hired assassins to be considered by the jury even though none of that has been proven or even competently investigated, that is a massive miscarriage of justice on stupendous levels that should frighten anyone living in the US. Evidence such as screenshots implicating his guilt that could have easily been forged were accepted without question....the list goes on. They also disallowed Andreas Antonopoulos, an expert witness on understanding how BitCoin and it's blockchain works to help the jury understand what they were hearing so to form a basis on how to poke holes in the Fed's story....this is almost a blatant showing of the corruption of our justice system and it's subservience to US intelligence services as the Snowden revelations. I'm not saying Ulbricht was innocent...I don't know that...but what happened in this trial was in no way anything but a kangaroo court on display in full form. Ulbricht's guilt is still up in the air, but our government was guilty of far worse crimes merely in that Manhattan courtroom the last 4 weeks.

    1. Re:Travesty of Justice by Guy+From+V · · Score: 3, Insightful

      Since the prosecution accused him of these "murders for hire" were paid for by his personal Bitcoins, citing his laptop contents as proof, I think understanding how a blockchain operates and how they did not enter into evidence matching transactions from the drive that corresponded to persistent and openly public blocks which Bitcoin, by it's very nature is available to every single person who has a Bitcoin wallet, would have been easy to establish extremely reasonable doubt of the veracity of the Fed's claims in that accusation. That doesn't mean he didn't do all that, but it would have at least shown that how they knew what they did submit as "evidence" could have been shown definitively and damningly yet was not. Add that to the refusal of a person who is very reputable in the banking and security fields and advises governments to testify on his behalf on how stuff works, which he does to laypeople as his job very effectively (many times as an expert witness like he would have here) it seems massively shady that such a person would be denied as a witness to state facts that would have possibly been beneficial to the defense.

    2. Re:Travesty of Justice by Anonymous Coward · · Score: 2, Informative

      calling Andreas would have been a defense tactic intended to confuse not inform the jury. It is a common tactic that by trying to explain concepts well beyond the understanding of the jury it can create confusion and hence doubt in there minds. There would have been no intention to help the understanding of the jury with such a move, nor would understanding bitcoin more deeply offer any benefit to the trial, the judge was very right to disallow it as it has no meaningful impact on the evidence for this trial. I have been on the receiving end of such tactics as a jury member, in our case by sheer coincidence we actually had technical experts in our jury to clear up the doubt and confusion that the defense were trying to engender.

  15. Re:If he actually did all that... by neminem · · Score: 3, Insightful

    Prohibition of (most) drugs: yes. Prohibition of crazy machine guns, child slavery (or any kind of slavery, really), murder-for-hire, etc... not so much. I'm all for a better, safer drug market, but the way to go is working to lift prohibitions on drugs that shouldn't be illegal, not this.

  16. "mandatory minimum" 20 years, minus 13% by raymorris · · Score: 4, Interesting

    The statute specifies a mandatory minimum of 20 years:
    http://www.law.cornell.edu/usc...

    Good time takes 13% off of that.

    However, mandatory minimums aren't always so mandatory. Due to waiting until the last minute to handle some paperwork, I once went to jail for driving without a license. That had a mandatory minimum sentence of three days in jail. I was picked up Monday night and got out first thing Tuesday morning - so about 10 hours. Later, the prosecutor said to me "time served will work, right? Monday to Tuesday, that's three days isn't it?"

  17. Spaghetti on a slick wall fails to stick by goombah99 · · Score: 5, Interesting

    indeed, assuming he was guilty, and the jury thought so. Press accounts pretty damning and red handed in the arrest. then it seems like those charges omitted what Id consider the most heinous crime: soliciting the murder of 5 people.

    I loved his lawyers theory that the Mt Gox mogul was really the mastermind. That would have been such a wickedly cool story. Since the FBI seized the assets of Silk Road about the same time Mt Gox had some liquidity problems it even seemed failntly plausible. I'd love to hear what the jury made of that piece of spaghetti on the wall.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Spaghetti on a slick wall fails to stick by dnavid · · Score: 4, Interesting

      The biggest question not answered in the trial is how the servers were found. The defense didn't challenge on that point (no one knows why).

      The answer to many questions about the defense strategy during the trial seem to be that either Ulbricht or his attorney or both thought they were engaged in an internet debate and not a criminal trial. His lawyer repeatedly failed to follow proper procedure during the trial that every trial lawyer knows, and used legal strategies that weirdly precluded them from offering certain lines of defense. For example, a critical defense assertion seems to have been that many of the pieces of evidence the prosecution used against Ulbricht were not owned by him or not his property. By making that assertion, he couldn't simultaneously assert that his rights were violated when they were acquired because he claimed they were not his in the first place. When his lawyer tried to do so, he was explicitly told he couldn't do that, as if he didn't even know.

      Its almost as if the defense believed that since the prosecution bears the burden of proof, anything that had *any* alternative explanation, no matter how unlikely or illogical, automatically prevented proof beyond reasonable doubt. Which is ridiculous. I have a sneaking suspicion that most of this strategy was forced upon defense counsel by Ulbricht himself. It looks from the outside less like something an (even incompetent) attorney would do, and more like someone used to internet board sparring would think should work.

    2. Re:Spaghetti on a slick wall fails to stick by Ramze · · Score: 3, Informative

      I think the assertion is (and I'm not a lawyer, etc) that a defendant cannot suppress the evidence which was possibly obtained illegally if the defendant doesn't have standing to contest the search. If he says they're his servers, then he can contest how the servers were searched. If he says they are not his servers, then he has no standing and cannot prevent the evidence found on the servers from being used against him at trial.

      Seems odd to me, though. I would think any improperly obtained evidence should be contestable. For instance, if his buddy's statement that he was behind Silk Road was coerced, that should be contestable. I'd like to hear a lawyer's opinion on the subject.

      I'm sure there's plenty of loopholes for the prosecution with multiple 3 letter agencies involved as well as multiple nationalities. There's probably a clause that lets them do whatever they want if they suspect terrorist activity on/through Silk Road, too.

  18. Re:If he actually did all that... by goombah99 · · Score: 4, Insightful

    If he did it, he's a hero. He should be celebrated as the next Jeff Bezos for innovating a new way to do commerce online. Making the black market a safter place is a good thing, prohibition is what's wrong.

    \
    Now you will just have to hire hit men on amazon prime. Dude, he tried to get 5 people killed. He's not a hero just because you think he stuck it to the man and sold you your drugs on line.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  19. Re: If he actually did all that... by Crispy+Critters · · Score: 2
    >Opinions about the outcome don't matter.

    Yes they do. For a stable society, the public at large must believe that trials are decided justly.

  20. Re:If he actually did all that... by Anonymous Coward · · Score: 2, Funny

    Probably. All he was doing was running bit torrent. He had an open port on his laptop! The feds used that to hack the computer and plant the private keys to the silk road's bitcoin wallet, as well as the mastermind's criminal diary and accounting records. And then made the silk road page come up and log in.

    Then they pounced.

    Open ports. Not even once.

  21. Re:no attempted murder charges? by HornWumpus · · Score: 2

    Sense you apologized, we'll let it slide. But if we find out you read another article you will be asked to leave.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  22. No, it still does by Sycraft-fu · · Score: 2

    These are separate charges. In the case I'm talking about the whacko killed a number of people, and injured more. Some of them were just ordinary civilians, and so it would be Arizona law that would cover it. However some of them were federal employees and federal law would cover it. So he could be tried for some of the crimes under state law, some of them under federal. No jeopardy problems with that.

  23. The real Dread Pirate Roberts by goodmanj · · Score: 2

    Maybe I'm late to the party here, but I only just now realized that Dread Pirate Roberts' actual legal defense was that he'd left the ship to his cabin boy, and has been retired for the past 15 years and living like a king in Patagonia.

  24. Re: If he actually did all that... by Anonymous Coward · · Score: 2, Insightful

    The legal system is fucked up. While we probably shouldn't throw people in jail based on public opinion based on one-sided news reports we need to ensure the legal system actually provides for a fair trial. That's not happening in ANY case right now.

    "The federal guilty plea rate has risen from 83% in 1983 to 96% in 2009,[24] a rise attributed largely to the Sentencing Guidelines." - Federal guilty pleas and trial rates, U.S. Sentencing Commission

    Where there may have been some resemblance of fairness judges hands today are tied and prosecutors use this to force pleas out of those whoa re accused. There is no such thing as a fair trial as such would require a defence teams with millions of dollars at there disposal. The government on the other hand has that kind of money to selectively (for those who don't plead guilty) target those who object and demand a trial. The prosecutors suppose to be impartial to some degree and provide evidence to the defence. The reality is they aren't and routinely forget about evidence that might help the defence.

  25. Re:If he actually did all that... by phantomfive · · Score: 2

    That's why injustice exists. Not because evil exists, but because apathy does.

    Build on that thought......go out and help a homeless person today. You don't have to be apathetic just because everyone else is.

    --
    "First they came for the slanderers and i said nothing."
  26. Re:If he actually did all that... by viperidaenz · · Score: 2

    It's a good thing he used Bitcoin then, with the public audit record in the block chain.
    Traditional money laundering with cash would make it almost impossible to trace.

  27. Re: If he actually did all that... by xevioso · · Score: 4, Insightful

    We don't have a "justice system."

    We have a "legal system." Just because the law was followed does not mean justice was done.

  28. Re:Is murder-for-hire ever justified? by sphealey · · Score: 2

    - - - - - and the only way to prevent that is for Dave to kill Fred, - - - - -

    As with most glibertarian arguments, there is a hidden clause that does a lot of heavy lifting.

    sPh

  29. Re: If he actually did all that... by Yakasha · · Score: 2

    You're wrong. But I don't care enough to explain why.

  30. Re: If he actually did all that... by CaptainDork · · Score: 2

    Justice was done because the law was followed.

    If you are aware of evidence to the contrary, you need to step forward and be heard.

    --
    It little behooves the best of us to comment on the rest of us.
  31. Re:If he actually did all that... by DrXym · · Score: 2

    Funny. I read the indictment and I knew straight away that the guy was fucked. It's almost as though the feds had a bit of a problem with somebody running a market for drugs, weapons, money laundering, stolen goods & credit cards, and hitmen and poured all their time and effort into taking it down.

  32. Re:Totally wrong and very concerning. by coofercat · · Score: 2

    As much as I agree that this case seems to have lots of holes in it, running a marketplace is not 'common carrier'. The important distinction is that a common carrier is paid to provide a 'connection' service, after which you can do anything you like with it. A marketplace connects a buyer to a seller, handles the money, and takes a fee for that introduction. Thus, the marketplace has to know what is being sold and whom the buyer and seller are, and further more collects the money from the buyer and gives it to the seller.

    Had the Silk Road been more like a chat room, then there'd be many more parallels with the 'common carrier'. If Silk Road had provided the place to advertise goods and to connect buyers to the sellers, but otherwise kept out of any transactions, it's possible the 'common carrier' thing might work. However, as soon as SR started handling the money, it became part of the transaction, and so became implicated. As I understand it, the goods and services didn't have 'code names', so there's no way DPR could claim he thought he'd just brokered a 'cleaning' service for someone's apartment - so no 'reasonable doubt' there either.

  33. Re:Totally wrong and very concerning. by Megol · · Score: 2

    No he was an active facilitator for _every_ transaction. Claiming that to be the equivalent to an ISP is just showing ignorance in both the silk road and ISP responsibilities.

  34. Re:If he actually did all that... by GrumpySteen · · Score: 2

    By your fucked-up logic, anyone who does something illegal in front of witnesses is simply defending himself if he hires someone to kill the witnesses.

  35. Re:Good by ihtoit · · Score: 2

    except soldiers, with the rare exception of scout snipers, are trained to aim for the centre of mass (the trunk). Head shots are rare in the extreme, especially over ranges above 7 yards.

    EHP is designed to expand or explode in a mushroom fashion on impact, turning into many smaller tumbling fragments that shred whatever they're passing through. This is what's called projectile spalling. Boattail hardpoint rounds are designed to drill through the point of impact causing hard tissue such as bone, to shatter and spall through while the projectile remains largely intact and expend its energy drilling through. If a BT doesn't hit bone, it causes little damage compared with a hollowpoint with the same muzzle energy.

    BTW, the US claiming jurisdiction in a war zone doesn't wash with the ICC. Under Bush who said no US citizen, soldier or contractor will be held to account for the death of any foreigner (2002ish), anyone who picks up a rifle under the banner of the Star and Stripes is potentially a war criminal.

    --
    Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel