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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.

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  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: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
  3. 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.

  4. 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.

  5. 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.

  6. 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 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
  7. 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.
  8. 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.
  9. Re:Buying drugs by BLToday · · Score: 4, Funny

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

  10. 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.

  11. "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?"

  12. 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.

  13. 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.
  14. 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.

  15. 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.