[HN Gopher] A $3B Silk Road seizure will erase Ross Ulbricht's debt
       ___________________________________________________________________
        
       A $3B Silk Road seizure will erase Ross Ulbricht's debt
        
       Author : jmsflknr
       Score  : 111 points
       Date   : 2022-07-11 13:53 UTC (9 hours ago)
        
 (HTM) web link (www.wired.com)
 (TXT) w3m dump (www.wired.com)
        
       | yieldcrv wrote:
       | Very interesting, especially since SDNY had no idea about this
       | and wasn't involved in coordinating this agreement
       | 
       | The longer Ross is in there, the more friends in high places he
       | will have, as so many people become familiar with online
       | marketplaces, bitcoin lore, education about the technology, the
       | corruption of the investigators, trial judge, unsatisfactory
       | testimony by "expert witness", circular logic to undermine bill
       | of rights protections for defendant, withheld evidence (that is
       | not deemed exculpatory by the appeals court, but could have
       | swayed a jury regardless) and seeing that this problem with Ross
       | is still ongoing
       | 
       | So many cases have been dropped for waaaaay fewer procedural
       | problems
       | 
       | To see this level of unorthordox coordination ongoing with the
       | Federal Government and Ross, I am pretty confident other
       | individuals will be able to use their employment and status in
       | the public sector to alter Ross' conditions in his favor
        
         | anewpersonality wrote:
         | I have it on good authority that certain cypherpunks have
         | joined the public sector with the secret, explicit goal of
         | helping Ross.
        
           | yieldcrv wrote:
           | How do I get a message to them
           | 
           | I thought it was weird nobody considered donating to a Trump
           | campaign or PAC in exchange for a desired outcome, in 2020
           | convicts and senators did that to mitigate consequences
           | 
           | Free Ross raises enough money and have enough friends to get
           | the conversations going, as seen by this article, so not
           | doing that path seemed to have lacked inspiration
           | 
           | Its easy to have tunnel vision, that path was still obvious.
           | It is important that he also doesn't have to pay restitution,
           | but I feel like the state sanctioned Presidential pay for
           | play available in the US would have absolved that too
        
             | anewpersonality wrote:
             | Assange tried the same thing and destroyed his reputation.
        
               | yieldcrv wrote:
               | Risky, alright
        
               | toss1 wrote:
               | That is not what destroyed Assange's reputation. Working
               | for Putin after he ran out of money did that long before
               | the obscure stunt you mention
        
             | freedomben wrote:
             | From what I know of Trump he is _very_ anti-drug and is a
             | classic moralist (imposing his anti-drug morals by force on
             | others) (despite himself engaging in behavior such as
             | adultery that many people consider immoral). After all he
             | did put that Mississippi guy who thinks the War on Drugs
             | needs to be magnified significantly in as his attorney
             | general. And he (allegedly) is good friends with Eric
             | Ericson who (as a result of his son dying from overdose)
             | has a personal jihad against opioids and wants to throw
             | doctors in jail for prescribing them in good faith, and
             | doesn 't care one wit that innocent law abiding people in
             | pain are suffering from his advocacy. I would think Trump
             | is the last person on earth who would be sympathetic to
             | Ulbricht.
        
             | asdfastawa wrote:
             | >> I thought it was weird nobody considered donating to a
             | Trump campaign or PAC in exchange for a desired outcome, in
             | 2020 convicts and senators did that to mitigate
             | consequences
             | 
             | This pardon could not have been without some back-story:
             | 
             | https://www.cnbc.com/2021/01/20/anthony-levandowski-
             | pardoned...
        
               | jimmygrapes wrote:
               | Sure you could impute some nefarious/corrupt intent
               | (almost every pardon seems to have some "lobbyist" or
               | personal attached, regardless of the President or even
               | state governors), but the justification quoted in that
               | article seems reasonable enough on its own:
               | 
               | > "Mr. Levandowski pled guilty to a single criminal count
               | arising from civil litigation. Notably, his sentencing
               | judge called him a 'brilliant, groundbreaking engineer
               | that our country needs.' Mr. Levandowski has paid a
               | significant price for his actions and plans to devote his
               | talents to advance the public good."
        
       | Pakdef wrote:
       | Where's the rest of the money going? (i.e.: most of it)
        
         | wmf wrote:
         | The government keeps it.
        
           | Pakdef wrote:
           | Makes sense... to the government.
        
       | ArrayBoundCheck wrote:
       | Ross got a raw deal. I think 15yrs would have been reasonable
        
         | refurb wrote:
         | He was bragging "they'll never catch me" (Forbes interview). He
         | made the US govt and DEA look like fools.
         | 
         | So they made an example out of him.
         | 
         | If he was smart he should kept a lower profile and his first
         | interaction with police (the multiple fake IDs) he should have
         | shut it all down or pass the site to someone else.
         | 
         | But hey ego and hubris gets the best of us.
        
           | ArrayBoundCheck wrote:
           | So because you pissed off someone in the government you get
           | life in jail? That's not justice. That could be what happened
           | but idk I hate the idea he's not getting released and IIRC he
           | killed noone and robbed noone
        
       | deadbunny wrote:
       | If he's in prison for life without the chance of parole, why does
       | it matter to him if his debt is paid off?
        
         | that_guy_iain wrote:
         | It basically means the money he gets while he is in prison he
         | keeps. So if he works, he'll keep his salary. If someone puts
         | money on his books, he gets to keep that. If he didn't keep up
         | with his payments to his debt he would be on a more restricted
         | regime. While it seems like a small thing for us, it's a pretty
         | big deal for his quality of life since he was never going to
         | pay that back so for the rest of his life he would have had
         | less prison money than he earned.
        
         | nathanvanfleet wrote:
         | You can definitely read the article to learn more about how it
         | might affect him
        
         | [deleted]
        
         | jancsika wrote:
        
         | HyprMusic wrote:
         | It's mentioned in the article. Any money he would earn in
         | prison would go towards paying off his debt, so this allows him
         | to earn whilst in there and make his life marginally more
         | comfortable.
        
         | jumboshrimp wrote:
         | There's a full paragraph in the article that answers this
         | question.
        
         | giarc wrote:
         | RTA: "But the repayment of his restitution could mean that he's
         | able to earn money in prison to share with family or friends
         | without it being seized or garnished to pay his debts--or even
         | keep any previously unknown caches of bitcoins that he may
         | possess, so long as they aren't tied to the Silk Road or other
         | criminal sources."
        
         | chimeracoder wrote:
         | Nobody is spelling the key point out: in prison, you are
         | typically required to pay for basic essentials (everything from
         | soap and shampoo to menstrual products[0]). Phone calls are run
         | through a private company that has a monopoly and charges
         | exorbitant rates. Entertainment (books, etc.) are heavily
         | restricted and cost money - either directly or via secondhand
         | trade.
         | 
         | Prisoners work jobs that are exempt from minimum wage and can
         | pay as little as 25C//hour.
         | 
         | Having your wages garnished while in prison is a _huge_ deal
         | because it limits your ability to take care of yourself (both
         | literally, but also your ability to trade items with others for
         | protection).
         | 
         | If you don't have access to money in prison, you're screwed.
         | Unless you have some other valuable asset (such as connections
         | on the outside that you can leverage), you are likely to be a
         | target for other inmates, and you're going to be a filthy,
         | starving wreck.
         | 
         | The exact details vary depending on the type of prison, the
         | location, and other factors, but in general: having the debt
         | wiped out would almost certainly be a huge deal for his quality
         | of life in prison, and would literally extend his expected
         | lifespan.
         | 
         | [0] https://www.washingtonpost.com/opinions/2022/03/25/prison-
         | pe...
        
           | CuriouslyC wrote:
           | You aren't required to pay for basic supplies, prison
           | commissaries periodically give out hardship packages which
           | include things like sample packages of soap and toothpaste,
           | since withholding basic hygiene products is cruel and unusual
           | punishment.
           | 
           | Garnishing prison wages is fucking brutal and stupid though.
           | Prison laborers typically make less than a quarter per hour,
           | so that isn't going to do shit in terms of repaying any
           | debts, it's just a spite play to make someone's life
           | miserable.
           | 
           | Honestly, if I was Ross I'd refuse to leave my cell and act
           | insane till I got placed in solitary. In most prisons you can
           | still have books in solitary, you just lose out on yard and
           | TV access, which is still a great trade if you're getting
           | regularly beaten and hate raped.
        
             | chimeracoder wrote:
             | > You aren't required to pay for basic supplies, prison
             | commissaries periodically give out hardship packages which
             | include things like sample packages of soap and toothpaste,
             | since withholding basic hygiene products is cruel and
             | unusual punishment
             | 
             | You're describing the idealized scenario, which isn't
             | exactly wrong, but it doesn't represent the reality that
             | many prisoners actually live in. Yes, it varies - not every
             | prisoner will have the same experience, even within the
             | same prison - but having access to basic necessities is by
             | no means a given in prison, and having wages garnished
             | makes that much harder.
             | 
             | https://www.prisonpolicy.org/blog/2021/11/18/indigence/
        
       | skilled wrote:
       | https://archive.ph/RlmJA
        
       | colinmhayes wrote:
       | Still in for life without parole.
        
         | 323 wrote:
         | That tends to happen when you create "The Amazon for drugs".
        
           | [deleted]
        
           | f0xJtpvHYTVQ88B wrote:
           | It's what tends to happen you express ideas that judges find
           | dangerous:
           | 
           | > All the evidence shows that you viewed Silk Road both as
           | above the law and the laws didn't apply, and in this context
           | also very dangerous.
           | 
           | > Your own words I have looked at very carefully and I have
           | reread certainly more than once in this whole process. They
           | reveal a kind of an arrogance and they display an intent that
           | is very important to the Court's determination, [...]
           | 
           | https://www.scribd.com/doc/283722300/Ross-Ulbricht-
           | Sentencin...
        
           | haliskerbas wrote:
           | Should also happen for creating "Amazon" after a certain
           | point.
        
           | misiti3780 wrote:
           | and pay hitman to kill people you dont like ...
        
             | neb_b wrote:
             | He was never charged for that
        
               | pxmpxm wrote:
               | That's the same as thing as "it didn't happen" right?
        
               | mzs wrote:
               | The person you replied to didn't say that. In US details
               | like that are used for sentencing though and in this case
               | it was.
        
           | cduzz wrote:
           | Ah, apparently so; his murder-for-hire behavior wasn't part
           | of the trial but only considered in the sentencing.
           | 
           | He should have teamed up with the Sacklers
        
             | citilife wrote:
             | > his murder-for-hire behavior wasn't part of the trial but
             | only considered in the sentencing.
             | 
             | Not only that (shouldn't consider outside claims that
             | haven't been evaluated by the jury). The DEA withheld
             | evidence that he could have used in his defense and later
             | DEA agents went to jail for corruption (attempting to steal
             | funds and it appeared setting him up).
             | 
             | Further, there wasn't a warrant for his records; they just
             | took them and monitored his traffic. SCOTUS refused to hear
             | the case (doesn't mean it was reasonable or not, they have
             | discretion to skip stuff).
             | 
             | Many people (myself included) believe the government
             | officials in this case were attempting to steal the funds
             | and set him up to take a fall so they can take the funds
             | for themselves.
             | 
             | A lot of this can be actually seen on the wikipedia --
             | https://en.wikipedia.org/wiki/Ross_Ulbricht
        
           | willcipriano wrote:
           | What you expect good people like the Sackler family to
           | compete with some upstart on the internet? The medical
           | industrial complex doesn't make a dime when you buy your
           | opioids out of band, we can't have that. Those medical
           | degrees aren't going to pay for themselves.
        
             | haliskerbas wrote:
             | This plus all the people we in the US fund to be in prison,
             | for minor drug crimes, some of which are legal now.
             | 
             | The crime isn't that you did something wrong. It's that you
             | didn't make the right person richer by doing so.
        
               | adra wrote:
               | Sorry, two wrongs don't make a right, and this guy
               | facilitated selling drugs in large quantities.
               | 
               | Your fatalism only shuts down the discourse of workable
               | solutions. You may as well be a shill for "the man" as
               | you're working for the status quo agenda holding this
               | attitude.
               | 
               | Your moral cry for the small time user is in alignment
               | with me though. I'd decriminalize low amount possession
               | and drug use since locking up drug users almost certainly
               | pushes people who are vulnerable to collapse into
               | definitely collapsed positions.
               | 
               | A civilized people would want the road to success to be
               | the incentivized over pushing people down who are then
               | unable to escape (statistically).
        
               | [deleted]
        
               | netr0ute wrote:
               | Does not compute
        
               | chimeracoder wrote:
               | > Sorry, two wrongs don't make a right, and this guy
               | facilitated selling drugs in large quantities.
               | 
               | Selling drugs in large quantities isn't inherently
               | unethical or immoral.
               | 
               | Trying to hire a hit man to have someone else murdered in
               | an incredibly specific and graphic way, on the other
               | hand, is inherently both unethical and immoral.
        
               | lupire wrote:
        
               | restes wrote:
               | This and the parent's argument are just whataboutism.
        
               | bcassedy wrote:
               | Whataboutism is a valid concern when discussing justice
               | imo
        
           | whatshisface wrote:
           | That tends to happen when you _try to hire a hitman._
        
             | f0xJtpvHYTVQ88B wrote:
             | Those charges were dropped[0]. Maybe because there was
             | nothing to them and they were just used to poison the well.
             | Maybe the FBI agents who had access to the DPR account who
             | stole bitcoin planted it in the first place[1].
             | 
             | [0] https://reason.com/2018/07/25/ross-ulbrichts-murder-
             | for-hire...
             | 
             | [1] https://news.bitcoin.com/rogue-silk-road-agent-admits-
             | to-ste...
        
             | ssnistfajen wrote:
             | That wasn't what he was convicted for.
        
               | pxmpxm wrote:
               | Killing someone and not getting caught is actually not
               | equivalent to not killing anyone. What a bizarre line of
               | argument that people make about this guy.
        
               | ssnistfajen wrote:
               | Are you aware of how rule of law works? There was no
               | conclusive proof that anyone were murdered in this whole
               | case. The justice system does not work on baseless
               | accusations and it's a good thing your bias isn't going
               | to affect it.
        
               | detaro wrote:
               | The justice system does not consider the murder-for-hire
               | attempts "baseless accusations". From the sentencing
               | document:
               | 
               | > _The Court must determine whether these allegations
               | have been demonstrated by a preponderance of the evidence
               | and I find that there is ample and unambiguous evidence
               | that Ulbricht commissioned five murders as part of his
               | efforts to protect his criminal enterprise and that he
               | paid for these murders. [...] The Court finds that the
               | evidence is clear and unambiguous and it far exceeds the
               | necessary preponderance findings_
        
         | hamiltonians wrote:
         | it's nuts. even murderers can get parole.no parole is a huge
         | injustice
        
           | duped wrote:
           | Congress banned parole for federal crimes back in 1987. If
           | you get convicted in federal court you have to do the entire
           | sentence.
        
           | jjoonathan wrote:
           | Didn't he try to order a bunch of hits though?
        
             | ssnistfajen wrote:
             | Those charges were all dropped. There was likely intent on
             | his side but no murder were conclusively proven to have
             | taken place. I do believe he will be paroled/commuted
             | eventually under another president, perhaps in another
             | decade or so.
        
               | misiti3780 wrote:
               | ya but he still tried to have people killed, and at one
               | point, he thought the murder had taken place because the
               | FBI sent a fake pic.
        
               | mikeyouse wrote:
               | The charges were dropped due to the seriousness of the
               | charges that remained (and the corrupt Fed that would
               | complicate the matter) but the judge found sufficient
               | evidence of intent to order the hits (e.g. messages
               | specifically ordering the hits, sending payment for the
               | hits in the amount of $650k in bitcoin from wallets found
               | on his laptop, writing in his journal "I ordered some
               | people killed" and "they were killed") that those
               | attempted hits were used as a sentencing enhancement for
               | the other charges he was found guilty of - namely the
               | criminal conspiracy and maintaining a criminal
               | enterprise.
               | 
               | And "without parole" is a meaningless thing in Federal
               | prison since there is no parole. If you commit Federal
               | crimes, you get to do Federal sentences.
               | 
               | See page 20 onwards for the evidence that the judge
               | weighed about the ordered hits: https://www.supremecourt.
               | gov/DocketPDF/17/17A559/20426/20171...
        
               | tptacek wrote:
               | Those charges were _not_ dropped. They were predicates of
               | his conspiracy charge. The murders-for-hire were charged
               | conduct, brought into the trial and rebuttable by the
               | defense, and considered during sentencing.
        
               | ssnistfajen wrote:
               | Of the six murder indictments trumpeted by the U.S.
               | government in the days following Ulbricht's Oct. 2013
               | arrest, five have fallen off the table and the sixth sits
               | untouched in a separate indictment (legalese for an
               | unproven allegation) that was purposefully left out of
               | the upcoming trial. https://www.dailydot.com/crime/silk-
               | road-murder-charges-ross...
               | 
               | Ross Ulbricht's Murder-for-Hire Charges Dropped by U.S.
               | Attorney https://reason.com/2018/07/25/ross-ulbrichts-
               | murder-for-hire...
               | 
               | The conspiracy charges were related to computer hacking
               | and trafficking narcotics, not murder-for-hire which from
               | all the evidences presented was a scheme set up to
               | collect payments from him.
        
               | tptacek wrote:
               | It's right there in the (final, superseding) indictment,
               | and in the PSR (I think? one of the sentencing filings).
               | This isn't a big controversy for us to hash out; you can
               | just go read it.
        
               | ssnistfajen wrote:
               | Dropped charges are dropped charges. It's right there in
               | the title and rather baffling how you are glossing over
               | them as if they are alien scriptures.
        
               | tptacek wrote:
               | I'm literally staring at the superseding indictment right
               | now. Page 7. Go look. He was charged, and those charges
               | were not dropped. I don't know what title you're
               | referring to.
        
               | ssnistfajen wrote:
               | That's a narcotics conspiracy charge, due to "intent to
               | prevent the communication by the Employee to a law
               | enforcement officer ofthe United States of information
               | relating to the commission and possible commission of a
               | Federal offense".
               | 
               | Dude didn't end up in jail for murder, because the murder
               | charges were dropped. D.R.O.P.P.E.D. Words have meanings
               | and you are twisting them.
        
               | tptacek wrote:
               | See upthread, where I took the time to pull up a bunch of
               | other drug kingpin indictments to find similar charging
               | structures, and trivially found one (I'm staring at it,
               | too). I'm sorry they didn't charge the murder-for-hire
               | scheme the way you'd have preferred them to, but they
               | certainly did charge it, and the Reason article you're
               | citing is plainly, obviously, factually, irrefutably
               | wrong. The article says "Those charges were no part of
               | what Ulbricht was actually tried and sentenced for."
               | Obviously, they were.
               | 
               | You are going to have a hard time getting me to take an
               | opinion piece that commits a factual error that refutes
               | its premise more seriously than the actual source
               | documents that contradict it.
        
               | ssnistfajen wrote:
               | >they certainly did charge it
               | 
               | Yes they did charge them, and then dropped them. That's
               | what happened. Charges and convictions are not the same
               | concept, and it's quite amusing you have the galls to say
               | anyone else is "wrong".
        
               | tptacek wrote:
               | Yeah, you're wrong. I think what's happening here is what
               | Kasey said: you're working exclusively from stuff like
               | this Reason article, which is plainly wrong, and I'm
               | working from the PACER docket of the case, which, uh,
               | isn't. He was convicted of the charge that included the
               | murder-for-hire scheme as its predicate.
               | 
               | I don't know if there was some other more overt "murder"
               | charge that he had that was later dropped (I only see the
               | original and the superseding indictment). But if that
               | happened, the only material implication of it is that
               | they changed the structure of how they charged the
               | murder-for-hire scheme. They did not give up on that
               | charge; in a significant sense, they bet (and won) their
               | case on it --- as the sentencing memoranda point out as
               | well.
               | 
               | This thread is an interesting example of how powerful the
               | Internet folklore about Ulbricht is. Like, it stands up
               | against the primary source documents of a conviction and
               | sentencing! The sentencing documents must be what's
               | wrong, not the Reason article! It's pretty fascinating,
               | just sociologically.
        
               | ssnistfajen wrote:
               | >Yeah, you're wrong.
               | 
               | About what I needed to know the type and to stop reading
               | the drivel that ensued. Anyone who opens like that is of
               | such a specific type that I no longer wish to waste my
               | time with. At the time of his sentencing I would've
               | believed such things, but the world has evolved and will
               | continue to evolve. Feel free to believe what you want
               | but time will show that fairness lies anywhere but on
               | your side.
        
               | pxmpxm wrote:
               | >This thread is an interesting example of how powerful
               | the Internet folklore about Ulbricht is.
               | 
               | I imagine this is just self defense mechanism at work -
               | if you concede to the reality that a libertarian drug
               | utopia took around 3 years to devolve into cliche South
               | American narco violence, you'll end up with that oh-so-
               | uncomfortable step of having to revisit your worldviews.
        
               | notch656a wrote:
               | Wasn't it the FBI/DEA that offered the narco-violence?
               | Kind of throws a wrench into your libertarian utopia
               | claims, when the murder-for-hire is a result of state
               | intervention.
        
               | tptacek wrote:
               | The "intervention" here is setting up a murder-for-hire
               | sting?
        
               | notch656a wrote:
               | I'm referring to both the offering of murder for-hire by
               | federal undercover/informants, as well as the government
               | creating the concocted problem of the release of names
               | for which they offer a violent solution. I don't think
               | even in the indictment is there any murder-for-hire not
               | offered by federal agents or informants.
        
               | pxmpxm wrote:
               | That's the irony of it all - when faced with a real world
               | issue of extortion and theft, given the opportunity the
               | libertarian drug utopia solution matches the one of a
               | Central American cartel.
               | 
               | All those libertarian manifestos that Ulbricht dabbled in
               | are just a marketing veneer of the stereotypical criminal
               | organization.
        
               | notch656a wrote:
               | So far you've proven that FBI and DEA offers of murder
               | for hire do not fit in line with 'Libertarian' utopia. I
               | don't think anyone is contesting that.
               | 
               | Ulbricht wasn't living in a utopia, nor are many people
               | going to argue his acts perfectly reflect some vague
               | notion of any utopia.
        
               | [deleted]
        
               | kasey_junk wrote:
               | The OP is referring to the reason article they linked to.
               | They are not noting that said article is an opinion piece
               | that is in a long running series advocating on behalf of
               | Ulbricht via libertarian ideals not via the actual law.
               | 
               | Nowhere in that opinion piece does it backup its titles
               | assertion nor link to any of the legal documents.
               | Basically op is arguing based on storytelling not law.
        
             | everforward wrote:
             | Those charges had some issues. He tried to arrange a hit on
             | someone who he thought had stolen $800k in Bitcoin from
             | him, but it turns out one of the FBI agents stole the money
             | and framed someone else. There's also some accusations that
             | the agents pushed him to order the hit.
             | 
             | The two taken together could be construed as entrapment,
             | but the charges were dropped so there isn't a conclusive
             | answer.
        
           | knodi123 wrote:
           | Yeah, but Ulbricht had multiple fake passports, and was
           | assumed to have an unknown but enormous amount of hidden
           | cash, and loyal contacts in lots of countries. Not to mention
           | lots of experience living and traveling under a cover
           | identity. He's a much bigger flight risk than a run-of-the-
           | mill murderer.
        
         | upupandup wrote:
         | he's never getting out because they want to set a precedent for
         | anyone attempting to run a marketplace like this.
         | 
         | yet he's step brother is still free. its a mystery.
        
           | chefkoch wrote:
           | Never heard about his step brother?
        
       | AndyNemmity wrote:
       | Whispers from Inmates say Ross Ulbricht is having a horrible time
       | in prison, unable to adjust to the culture and politics of it.
       | Prison is a dangerous place, and it's said he's very much not
       | doing well.
       | 
       | If this helps provide himself with some prison currency being
       | able to buy from the store, that could go a long way towards
       | helping him have something to trade to help the living hell he is
       | going through.
        
         | canjobear wrote:
         | > If this helps provide himself with some prison currency being
         | able to buy from the store, that could go a long way towards
         | helping him have something to trade to help the living hell he
         | is going through.
         | 
         | Or it will make him even more a target because he has access to
         | resources.
        
         | mysore wrote:
         | i really wish we could get this guy out of prison. he does not
         | deserve to be there for longer than 10 years.
        
           | mullen wrote:
           | He really did try to have someone killed. Ulbricht is exactly
           | the kind of person who should be in prison.
        
             | homonculus1 wrote:
             | I have a bridge to sell you, best view in the Bay Area.
        
               | mullen wrote:
               | https://news.ycombinator.com/item?id=32057717
               | 
               | You might want to give me a really good price.
        
             | splintercell wrote:
             | How many years do you think someone should get for a
             | murder-for-hire scheme?
        
             | ALittleLight wrote:
             | If my memory serves the government never brought that as a
             | charge at trial. In part, I think, because they wanted to
             | not discuss that the agent Ross tried to buy the hit(s)
             | from wound up stealing money from the Silk Road.
        
               | tptacek wrote:
               | Your memory does not serve you right, and the murder-for-
               | hire scheme was in fact part of the charges he was tried
               | for.
        
               | ALittleLight wrote:
               | Per Wikipedia - "Ulbricht was not charged in his trial in
               | New York federal court with any murder for hire".
               | Wikipedia does say that there was evidence that was shown
               | at trial about the murder for hire thing and that it did
               | weigh against him in sentencing - which seems odd to me
               | that crimes you haven't been charged with or convicted of
               | could impact your sentence.
               | 
               | Wikipedia also says "Ulbricht was separately indicted in
               | federal court in Maryland on a single murder-for-hire
               | charge, alleging that he contracted to kill one of his
               | employees (a former Silk Road moderator). Prosecutors
               | moved to drop this indictment after his New York
               | conviction and sentence became final"
               | 
               | https://en.wikipedia.org/wiki/Ross_Ulbricht#Arrest
        
               | tptacek wrote:
               | That's right, he was charged with a "Narcotics
               | Trafficking Conspiracy", with 4 overt acts, a, b, c, and
               | d, and b and c were the murder-for-hire schemes. The
               | overt acts of a conspiracy charge are the guts of the
               | charge itself, and the prosecution has to prove them at
               | trial.
               | 
               | Try this: Google [federal narcotics conspiracy "murder
               | for hire"] (it's not a rare combination of factors!),
               | pull up some DOJ press releases (I found several on the
               | first search results page), and then look them up in
               | PACER. I'm looking at Roger Key (a.k.a. "Luchie")'s 2015
               | indictment right now, and it's similar. This isn't some
               | weird finagling the prosecutors did with Ulbricht; it's
               | just how you get charged for this kind of conduct.
               | 
               | This notion that prosecutors somehow gave up on the
               | murder-for-hire charge is Internet folklore. It's just
               | not real. What complicated the charge isn't some bungling
               | spy story about the agents involved, but the fact that
               | the murder was a set-up and he didn't actually have
               | anyone killed. But the prosecution established that
               | Ulbricht tried to, and that's also the simplest and most
               | reasonable conclusion to reach given the facts. I've
               | never read an exculpatory explanation of Ulbricht's
               | payment to arrange murders that made any sense at all.
        
               | ALittleLight wrote:
               | I'm having a hard time squaring your comment with the
               | wikipedia article that you seem to agree with. Ulbricht
               | wasn't convicted on murder for hire charges and the time
               | he was charged on a murder for hire thing that charge was
               | dropped.
               | 
               | You seem to be saying that the reason he wasn't
               | charged/convicted is because nobody was actually
               | murdered. That seems hard for me to believe because the
               | state would have known nobody was actually murdered when
               | they were writing the indictment (which alleges the
               | murder for hire plot) or when they were bringing the
               | original charges.
               | 
               | It's also true that agents involved in the plot, the
               | agent Ulbricht thought he was buying the hit from
               | specifically, were arrested and convicted for stealing
               | from the silk road. I think it's way more plausible that
               | the government decided not to go in to the extent of the
               | corruption of their officers at trial, because it would
               | provide a good reason to think about what other
               | government dishonesty their might be, rather than the
               | government deciding that they can't charge attempted
               | murder for hire because nobody died.
               | 
               | https://www.wired.com/2015/03/dea-agent-charged-acting-
               | paid-...
        
               | tptacek wrote:
               | 51% of Wikipedians can believe whatever they'd like to,
               | but the primary source documents are right there for you
               | to read. Nobody was actually murdered because the murder-
               | for-hire scheme was an FBI sting.
        
               | ALittleLight wrote:
               | But the primary source documents all agree that Ulbricht
               | wasn't charged or convicted with murder-for-hire and that
               | the agent Ulbricht contracted with was arrested and
               | convicted for corruption-related crimes. It's also
               | obviously not true that somebody has to be dead for the
               | state to charge murder-for-hire related crimes. If that
               | were the case, the state wouldn't have agents pretending
               | to be hitmen to catch people trying to hire hitmen.
        
               | tptacek wrote:
               | I really don't know how to state this any more plainly:
               | he was charged, in the same manner as other drug kingpins
               | have been charged, with a narcotics conspiracy whose
               | overt acts --- in the indictment, as charged behavior,
               | which the jury had to find true beyond a reasonable doubt
               | --- were comprised of two different murder-for-hire
               | schemes. He was convicted of that charge. He appealed,
               | and his appeal didn't contest that charge or any of the
               | findings of fact (or, for that matter, testimony leading
               | up to that finding of fact) for that charge.
               | 
               | The second bit, about nobody needing to be dead for him
               | to be charged, we agree on.
               | 
               | One reason I think people are confused about this is that
               | there was a second prosecution, by a different team of
               | prosecutors in a different case (out of Baltimore?) that
               | charged the murder-for-hire scheme more directly. That
               | may be, but he was still charged for it in the SDNY case,
               | which earned him a life sentence.
               | 
               | SDNY was not evasive about this! They not only indicted
               | for the murder-for-hire scheme, won a conviction on it,
               | and had him sentenced based in large part on it, but also
               | crowed about it in their press release. I'm sort of
               | baffled by the extremely common belief that the DOJ
               | "dropped the charges" about the murder-for-hire scheme.
               | They did more or less the opposite thing.
        
               | ALittleLight wrote:
               | "Ulbricht, 31, of San Francisco, California, was
               | convicted of the following seven offenses after a four-
               | week jury trial: distributing narcotics, distributing
               | narcotics by means of the Internet, conspiring to
               | distribute narcotics, engaging in a continuing criminal
               | enterprise, conspiring to commit computer hacking,
               | conspiring to traffic in false identity documents, and
               | conspiring to commit money laundering."
               | 
               | https://www.ice.gov/news/releases/ross-ulbricht-aka-
               | dread-pi...
               | 
               | Noticeably not on that list is anything related to
               | murder, attempted murder, solicitation of murder, or
               | murder-for-hire.
               | 
               | If I understand you correctly you are saying that the
               | attempted murder is an element of his continuing criminal
               | enterprise - or something like that. I don't believe this
               | though and I haven't seen any evidence of this from you.
               | Googling for people who are convicted for hiring fake
               | hitmen I see that they are charged with things like
               | "Solicitation of murder" and not "Continuing criminal
               | enterprise."
               | 
               | Ulbricht was not charged with murder for hire in New York
               | and he wasn't convicted of it ever. Ulbricht was charged
               | with murder for hire in Maryland and those charges were
               | dropped.
        
               | tptacek wrote:
               | https://www.justice.gov/usao-sdny/pr/ross-ulbricht-
               | creator-a...
        
               | ALittleLight wrote:
               | This press release does not claim that Ross Ulbricht was
               | convicted of murder or anything related to it. It says
               | "found guilty yesterday on all seven counts in
               | connection" and, later                   "ULBRICHT, 30,
               | of San Francisco, California, was found guilty of: one
               | count of distributing narcotics, one count of
               | distributing narcotics by means of the Internet, and one
               | count of conspiring to distribute narcotics, each of
               | which carries a maximum sentence of life in prison and a
               | mandatory minimum sentence of 10 years; one count of
               | engaging in a continuing criminal enterprise, which
               | carries a maximum sentence of life in prison and a
               | mandatory minimum sentence of 20 years in prison; one of
               | count of conspiring to commit computer hacking, which
               | carries a maximum sentence of five years in prison; one
               | count of conspiring to traffic in false identity
               | documents, which carries a maximum sentence of 15 years;
               | and one count of conspiring to commit money laundering,
               | which carries a maximum sentence of 20 years in prison.
               | The maximum sentences are prescribed by Congress and are
               | provided for informational purposes only, as the sentence
               | will be determined by the judge. ULBRICHT is scheduled to
               | be sentenced on May 15, 2015."
               | 
               | So, we have...                   1. distributing
               | narcotics         2. distributing narcotics via the
               | internet         3. count of conspiring to distribute
               | narcotics         4. engaging in a continuing criminal
               | enterprise         5. conspiring to commit computer
               | hacking         6. conspiring to traffic in false
               | identity documents         7. conspiring to traffic in
               | false identity documents
               | 
               | That's all seven and none of them are murder, conspiracy
               | to commit murder, attempted murder, or solicitation of
               | murder.
        
               | jokabrink wrote:
               | I think I can clear it up: The accusation of murder-for-
               | hire would not hold up. The FBI would not be able to
               | prove the required elements for the deed, because in
               | order to prove it, the FBI would need to actually drive
               | or mail something with the intent of murder [1].
               | 
               | In the released indictment [2] (Apparently there seems to
               | be a superseding indictment), DPR was charged on four
               | counts. Count one is "Narcotics Trafficking Conspiracy",
               | none of the counts are "Murder-For-Hire". _But_ , there
               | are three overt (motivating) acts for the "Narcotics
               | Trafficking Conspiracy": a) Provide a platform for
               | selling drugs b) Solicit a murder-for-hire c) Logging in
               | as admin on Silk Road
               | 
               | So, while the charge "Murder-For-Hire" probably seems
               | hard to prove (as stated above), using the intent of it
               | to justify the count "Narcotics Trafficking Conspiracy"
               | worked here. In a sense, I believe, DPR can not be
               | labeled officially with "murder-for-hire", but in order
               | to protect his "Continuing Criminal Enterprise" and as
               | such commit "Narcotics Trafficking Conspiracy" it appears
               | that he would have committed a "murder-for-hire" crime.
               | 
               | Sources:
               | 
               | [1] https://www.springsteadbartish.com/federal-criminal-
               | defense-...
               | 
               | [2] https://www.justice.gov/sites/default/files/usao-
               | sdny/legacy...
        
               | tptacek wrote:
               | Not so much: the distinction you're talking about, of how
               | much the FBI would actually have had to do to charge
               | their sting, is I believe what attempt liability (and,
               | really, inchoate liability in general) is all about (this
               | comes up a lot in child sex stings).
               | 
               | What seems more likely is that the murder-for-hire thing
               | is messier than the broader, abstract things he was
               | charged with, and they had him dead to rights on that
               | stuff anyways. Without meaningfully contesting and
               | refuting the murder-for-hire stuff, it's relevant conduct
               | for the sentencing; it did the work the DOJ needed it to
               | do.
               | 
               | The big issue in these discussions is the idea that the
               | murder-for-hire stuff was prejudicial --- that it wasn't
               | a part of the case, but was allowed to hang over the case
               | to taint the jury. But that's clearly not true; he was
               | indicted for it, twice, in the SDNY case.
        
               | jokabrink wrote:
               | > it did the work the DOJ needed it to do.
               | 
               | Certainly. And no wonder that the other charges from the
               | Maryland District were dismissed.
               | 
               | > he was indicted for it, twice, in the SDNY case.
               | 
               | You mean, he was charged and found guilty of "Murder-For-
               | Hire"? This I don't follow. I thought overt acts serve
               | the purpose of evidence for the charges/counts rather
               | than being charges itself.
               | 
               | In any case, DPR clearly concluded, that paying someone
               | to kill someone else in order to preserve his
               | anonymity/enterprise was OK. He even committed it.
        
               | tptacek wrote:
               | You're right: they're explicitly not charges themselves.
               | They're evidence of a broader inchoate crime.
        
               | notahacker wrote:
               | > I've never read an exculpatory explanation of
               | Ulbricht's payment to arrange murders that made any sense
               | at all.
               | 
               | This. The mental gymnastics involved in people pivoting
               | from "the justice system is awful, especially the way
               | they've treated poor little Ulbricht" to "the only
               | possible standard for judging Ulbricht's character and
               | intentions is the decisions the justice system made or
               | didn't make" is Olympian.
        
               | tptacek wrote:
               | I'm just saying, they got black-and-white evidence that
               | Ulbricht arranged to pay for a murder, and the Internet
               | has weird stories about how the payment and later murder
               | "confirmation" were some kind of communicative act
               | between Ulbricht and other associates that didn't have
               | anything to do with arranging an actual murder, and it
               | all makes just literally no sense at all. I'm not making
               | a normative claim about the fairness of the US justice
               | system, I'm just saying that if you're trying to pay off
               | a witness, the absolute last way you'd ever structure
               | that payment is as a _phony murder for hire scheme_.
        
               | notahacker wrote:
               | I agree. My beef's entirely with the people
               | simultaneously claiming we can't agree with the justice
               | system's verdict, but also that we absolutely can't form
               | our own negative judgements of Ulbricht's actions because
               | apparently the only relevant standard for whether orders
               | like "can you change the order to execute rather than
               | torture" made Ulbricht a terribly unsympathetic character
               | is a claim it wasn't the basis of the judicial verdict...
        
             | sillysaurusx wrote:
             | Did he?
             | 
             | I would appreciate being reminded as to the facts of that.
             | I've always felt skeptical of that claim, but I haven't
             | spent the time to research it.
             | 
             | It just felt like that would be the exact thing an
             | organization would pin on him if they wanted to destroy his
             | life.
             | 
             | It's entirely possible he did, but I remind you that in an
             | era where Epstein probably didn't kill himself, it's really
             | hard to just take things at face value.
             | 
             | EDIT: https://news.ycombinator.com/item?id=32057717 is a
             | pretty good overview.
        
           | AndyNemmity wrote:
           | The thing is, prison has a lot of variances. A life sentence
           | in prison has him in the darkest prison world.
           | 
           | Martin Shkreli was in the easiest parts of prison for
           | example. Ross is in the lifer prison with the hardest
           | criminals.
           | 
           | It's said he's struggling a lot because you have to join the
           | racist white groups in lifer prison, and his morals don't
           | allow that. But you have to, or you have no protection, and
           | may get killed.
           | 
           | The US prison system is a far scarier place than anyone
           | thinks about. You essentially have to stay blind to what
           | happens inside, or you couldn't with good conscious send
           | anyone there.
        
             | Hamuko wrote:
             | I can understand why he was sentenced to prison but I've
             | never really understood why Ulbrict was put in a high
             | security prison. He's basically harmless without a
             | keyboard.
        
               | guerrilla wrote:
               | To make an example... deterrence.
        
           | nathanvanfleet wrote:
           | We all remember he was trying to get a handful of people
           | assassinated right?
        
           | lbotos wrote:
           | On one hand, that makes sense if we think of him as just the
           | person who built the computer platform, but on the other this
           | is the logic the courts used to justify his sentence:
           | 
           | "Using the online moniker "Dread Pirate Roberts," or "DPR,"
           | ULBRICHT controlled and oversaw every aspect of Silk Road,
           | and managed a staff of paid, online administrators and
           | computer programmers who assisted with the day-to-day
           | operation of the site. Through his ownership and operation of
           | Silk Road, ULBRICHT reaped commissions worth more than $13
           | million generated from the illicit sales conducted through
           | the site. ULBRICHT also demonstrated a willingness to use
           | violence to protect his criminal enterprise and the anonymity
           | of its users, soliciting six murders-for-hire in connection
           | with operating the site, although there is no evidence that
           | these murders were actually carried out."
           | 
           | Should a drug kingpin who built a global network that
           | facilitated the transfer of illegal substances who was
           | willing to kill people to protect that enterprise only get 10
           | years?
           | 
           | Don't get me wrong, I'm all for drugs to be decriminalized in
           | the US, but where the line is crossed for me is that this
           | person was willing to KILL others in service of making money.
        
             | notch656a wrote:
             | The US criminal justice system is supposed to presume
             | someone is innocent until proven guilty. He was never
             | convicted of the murder-for-hire but yet it was taken into
             | account for his sentencing. That is not right and short-
             | circuits due process.
        
               | ceejayoz wrote:
               | Sentencing has always had unprovable stuff considered.
               | Your friends and family will come in to tell what a
               | wonderful person you are, none of it verifiable and often
               | entirely bullshit.
        
               | thaumasiotes wrote:
               | > Sentencing has always had unprovable stuff considered.
               | Your friends and family will come in to tell what a
               | wonderful person you are, none of it verifiable and often
               | entirely bullshit.
               | 
               | True, but I see a bigger problem with sentencing being
               | based on conduct _that the defendant was acquitted of_.
               | The concept is supposed to be that if you were acquitted,
               | you didn 't commit the crime.
        
               | ceejayoz wrote:
               | He wasn't acquitted of the murder-for-hire stuff.
               | 
               | https://en.wikipedia.org/wiki/Ross_Ulbricht#Murder-for-
               | hire_...
        
               | thaumasiotes wrote:
               | That's just as much a refutation of your comment as it is
               | of mine. Remember saying this?
               | 
               | >>> Sentencing has always had unprovable stuff
               | considered.
               | 
               | But still, looking outside this trial, sentences being
               | handed out based on acquitted conduct is very much a
               | thing that happens, and it shouldn't be allowed.
        
               | ceejayoz wrote:
               | The issue at play there is the different standards for
               | conviction vs sentencing.
               | 
               | The standard for conviction is "beyond a reasonable
               | doubt". The standard for something to be considered in
               | sentencing is "perponderance of the evidence".
               | 
               | As such, it's possible for a judge to take a look at a
               | case where a conviction couldn't be obtained, but
               | consider the evidence to be compelling enough to use in
               | sentencing for something else.
        
               | thaumasiotes wrote:
               | Sorry, but "we don't have enough evidence to claim that
               | you did this, but we _do_ have enough evidence to put you
               | in jail for five years " is not a coherent perspective.
               | 
               | And it's not relevant anyway. Once you're acquitted, you
               | didn't commit the crime. Hazy evidence that you did
               | commit the crime might be something the sentencing judge
               | can legitimately consider, but it's necessarily overruled
               | by the fact that you didn't commit the crime, which is
               | something the sentencing judge _must_ consider.
        
               | ceejayoz wrote:
               | > Once you're acquitted, you didn't commit the crime.
               | 
               | No. "Not guilty" is not the same as "innocent".
               | 
               | Not guilty means they could not _prove_ you committed the
               | crime _beyond a reasonable doubt_ ; that it's _possible_
               | that you 're innocent.
        
               | dragonwriter wrote:
               | > Sorry, but "we don't have enough evidence to claim that
               | you did this, but we do have enough evidence to put you
               | in jail for five years" is not a coherent perspective.
               | 
               | That's true, but that's not relevant, because that's not
               | the scenario. The standard for criminal conviction is not
               | the standard for "to claim that you did this", it is the
               | standard to determine the maximum legal criminal
               | punishment.
               | 
               | The standard for a judge to assign punishment within the
               | range specified by the statute under which a person was
               | convicted is lower, because _by definition_ the facts
               | which allow _the maximum sentence in that range_ have
               | been established beyond a reasonable doubt.
               | 
               | > Once you're acquitted, you didn't commit the crime
               | 
               | Legally "didn't commit the crime" (and thus not allowing
               | separate punishment for the crime) is not the same as
               | "did not do something substantially similar to the crime"
               | (which therefore might be eligible for sanctions other
               | than separate criminal punishment, such as enhancements
               | _within_ the statutorily authorized range of punishments
               | for another crime, civil liability, or all kinds of
               | different things.)
               | 
               | Heck, it doesn't even mean "did not commit a crime with
               | substantially identical elements within the jurisdiction
               | of a separate sovereign with concurrent jurisdiction",
               | though that's not directly relevant to this case.
        
               | thaumasiotes wrote:
               | > Heck, it doesn't even mean "did not commit a crime with
               | substantially identical elements within the jurisdiction
               | of a separate sovereign with concurrent jurisdiction",
               | though that's not directly relevant to this case.
               | 
               | I don't think you'll find many people arguing that this
               | is a state of affairs that makes any sense. My position
               | in this thread takes the form "the justice system is
               | doing something that is self-evidently insane". And
               | that's also what I would say here. Being insane in one
               | way doesn't stop you from being insane in another way.
               | 
               | > The standard for criminal conviction is not the
               | standard for "to claim that you did this"
               | 
               | And this just isn't true. The standard for making the
               | claim is the standard for conviction. As far as the law
               | is concerned, the conviction _is how you make the claim_.
               | As a person, if you make the claim in the absence of a
               | conviction you 'll run into serious legal problems.
               | Unless, apparently, you're handing down a sentence for
               | some other crime, in which case anything goes.
        
               | dragonwriter wrote:
               | > As a person, if you make the claim in the absence of a
               | conviction you'll run into serious legal problems.
               | 
               | No, you won't. Heck, as a person, you can make the same
               | claim _in court_ and _win a sizable payout based on it_
               | with evidence insufficient for a criminal conviction,
               | even if the elements required for civil liability are
               | identical to those for the crime, because the standard of
               | evidence in a civil case is preponderance of the
               | evidence, not beyond a reasonable doubt like a criminal
               | conviction.
               | 
               | The high burden of proof required for criminal conviction
               | specifically exists as a narrow purpose failsafe that
               | doesn't apply in other contexts even within the criminal
               | justice system.
        
               | ceejayoz wrote:
               | > The standard for making the claim is the standard for
               | conviction.
               | 
               | Again, this isn't true. The standard for evaluating a
               | claim is different for conviction versus sentencing.
               | 
               | > As a person, if you make the claim in the absence of a
               | conviction you'll run into serious legal problems.
               | 
               | No, you won't, at least not necessarily. Libel would be a
               | civil action, and as with sentencing, the standard is
               | lower in a civil trial. This is, for example, why OJ
               | Simpson got acquitted in criminal court but was deemed
               | culpable for the murders in civil court.
        
               | notch656a wrote:
               | Being wonderful or not wonderful isn't a crime though.
               | His sentencing included presumption of an unproven crime.
               | The US justice system is explicitly based on not
               | considering someone guilty of a crime until proven
               | guilty. You have no right to not be considered a
               | wonderful or horrible person, but you do have a right to
               | not be considered guilty of the crime until convicted.
        
               | ceejayoz wrote:
               | > The US justice system is explicitly based on not
               | considering someone guilty of a crime until proven
               | guilty.
               | 
               | For a criminal conviction, the standard is "proof beyond
               | a reasonable doubt".
               | 
               | For sentencing, judges can consider evidence under a
               | different standard, "preponderance of the evidence". As
               | prosecutors introduced evidence of the murder-for-hire
               | allegations in trial, the judge was permitted to consider
               | it.
        
               | saurik wrote:
               | FWIW, that probably shouldn't be taken into consideration
               | either? I'd argue they should "clean room" the sentence
               | by having a second judge read an assessment of the
               | evidence by the first judge and have them conduct the
               | sentencing, lest sentences be more about how people look
               | than what they did (and allowing laws to continue to be
               | overly harsh but with enough last minute exceptions that
               | no one "important" has reason to complain).
        
               | akira2501 wrote:
               | Your behavior before, during, and after the crime are
               | incredibly relevant to your sentencing. The court is
               | trying to determine the best course of action to prevent
               | repeating the behavior and minimize future potential
               | harms, these things must be considered. This is not a
               | "one size fits all" or "strictly by the numbers"
               | question, and we are not benefited as a society by
               | treating it that way.
        
               | sdfhdhjdw3 wrote:
               | From what I understand it was proven that he solicited,
               | which is a crime in itself, regardless of whether or not
               | it was carried out.
        
               | notch656a wrote:
               | He was not convicted of any murder/homicide related
               | solicitation.
        
               | tptacek wrote:
               | Again, this is false. The murder-for-hire scheme was a
               | predicate to a conviction charge, and the prosecution was
               | obligated to prove it. He was found guilty of the
               | associated charge.
        
               | notch656a wrote:
               | Again, this is false. None of the things Ross was
               | convicted of are "predicated" of a murder related act for
               | a conviction. Murder, conspiracy for murder, solicitation
               | for murder would be. General drug-related conspiracies in
               | no way are predicated of something homicide or murder
               | related for a conviction.
        
               | tptacek wrote:
               | The murder-for-hire scheme was in fact charged conduct,
               | was introduced at trial, was rebuttable by the defense,
               | and he was found guilty of the associated charge.
        
               | notch656a wrote:
        
               | tptacek wrote:
               | It's going to take you more than one snarky sentence to
               | explain what's deceitful about Ulbricht being charged
               | with a conspiracy for which half of the predicate overt
               | acts were murder-for-hire schemes. They're spelled out in
               | detail in the indictment.
        
               | cinntaile wrote:
               | I don't know the details of this case, but I read above
               | that at least some of these were made up by agents?
        
               | tptacek wrote:
               | The Internet believes a bunch of stuff about this case
               | that is trivially refuted by reading the actual case
               | documents.
        
               | Phlarp wrote:
               | Did anyone die as a direct result of Ross giving an order
               | / paying for a murder?
               | 
               | Did the police investigating Ross misrepresent these
               | murders to him while they were occurring?
               | 
               | Did the police investigating Ross attempt to enrich
               | themselves by stealing illicit funds from his drug
               | enterprise or by selling him details of the pending
               | investigation?
               | 
               | I'll give you that the courts have repeatedly held the
               | police can legally do most of these things, and that even
               | having lying/stealing cops running the investigation
               | doesn't invalidate the fruits of that investigation.
               | Perhaps you could also concede that a lot of observers
               | are going to have difficulty seeing the difference in
               | these two shades of grey?
        
               | tptacek wrote:
               | (1) No, because they were an FBI sting.
               | 
               | (2) Presumably not, because they held up in court.
               | 
               | (3) I have no idea, and don't see the relevance to
               | Ulbricht. By all means, prosecute any corrupt FBI agents
               | that were involved.
               | 
               | I'm not making a grand normative claim about the justice
               | of the Ulbricht sentence (I think he's a monster, but
               | also that sentences in general are too high). I'm simply
               | establishing that the _extraordinarily common_ Internet
               | narrative of  "Ulbricht was never charged with a murder-
               | for-hire scheme, and rumors about it were prejudicial to
               | the case" is irrefutably false. That's as far as I go
               | with this stuff.
        
               | tablespoon wrote:
               | > Did anyone die as a direct result of Ross giving an
               | order / paying for a murder?
               | 
               | I'm pretty sure it's highly illegal to take actions that
               | you _think_ will lead to a murder, even if the plot if
               | unsuccessful.
        
               | NovemberWhiskey wrote:
               | Yes; please people let's actually look at what happened
               | at trial, at sentencing, and at appeal.
               | 
               | Here's the indictment:
               | https://www.justice.gov/sites/default/files/usao-
               | sdny/legacy...
               | 
               | Page 5 of the indictment includes the murder-for-hire
               | activity as part of the first count ("Narcotics
               | trafficking conspiracy"). Ulbricht was convicted on this
               | count of the indictment.
               | 
               | Here is Ulbricht's appeal against sentence to the Second
               | Circuit Court of Appeals:
               | https://caselaw.findlaw.com/us-2nd-circuit/1862572.html
               | 
               | Ulbricht doesn't even bother arguing that the court was
               | wrong in considering the murder-for-hire during
               | sentencing, only that they shouldn't merit a life
               | sentence because they probably didn't actually take
               | place.
               | 
               | https://caselaw.findlaw.com/us-2nd-
               | circuit/1862572.html#foot...
        
               | tptacek wrote:
               | JFWIW: that's the first indictment; there's a superseding
               | indictment introduced later that makes the murder-for-
               | hire component even clearer.
               | 
               |  _Later_
               | 
               | I removed ", and bets more of the case on it.", to dial
               | it back a little.
        
               | notch656a wrote:
               | The indictment can shot-gun whatever sort of overt acts
               | the grand jury buys into that they like. A conviction
               | usually only needs one qualifying overt act, so a
               | conviction is not at all evidence the accepted overt act
               | was any of the murder-for-hire accusations.
               | 
               | What you're doing here is presenting the indictment with
               | the murder-for-hire as overt acts and relying on the
               | sleight of hand that the reader will assume the
               | conviction asserts the overt acts, when in fact the
               | conviction only generally relies on at least one overt
               | act (and need not be any murder-for-hire related one).
        
               | tptacek wrote:
               | That's definitely not what the sentencing memoranda and
               | final sentencing order say. I'm going to tend to believe
               | that the judge knows more about which facts were and
               | weren't found at trial over the opinions of message
               | boards, which, as you can see, are repeatedly and
               | blatantly wrong about core details of the case.
        
               | notch656a wrote:
               | Jumping directly from indictment to sentencing is exactly
               | the sort of judicial misconduct I'm impugning here.
               | 
               | >I'm going to tend to believe that the judge knows more
               | 
               | This is a fallacy known as "appeal to authority." Note
               | while we're deferring to the person with more familiarity
               | with the case, note the defense attorney for Ulbricht has
               | far more intimacy with the case than you yet probably
               | disagrees with you. However I wouldn't use your
               | fallacious argument to suggest your opinion is
               | invalidated just because the defense attorney who
               | actually sat through the trial disagrees with you.
        
               | pvg wrote:
               | A judge presiding over a case is a pretty good authority
               | on what a defendant in that case was charged with and
               | convicted of.
        
               | Phlarp wrote:
               | He also never actually had anyone killed, the feds
               | created the personas attempting to 'extort' or 'steal'
               | from DPR. The feds detailed their transgressions to DPR
               | and introduced the idea of murder + offered to commit the
               | murders for a fee. Afterwards they fabricated evidence of
               | the hit(s) to steal money from him. --These were the
               | "above board" official and sanctioned things that the
               | feds did during this investigation.
               | 
               | Shaun Bridges of the US secret service and Carl Force of
               | the US DEA were siphoning bitcoin off to their personal
               | accounts throughout the investigation. Bridges even tried
               | to flee the country while on bail.
               | 
               | Think what you want about Ulbrict, but the cops that took
               | him down were every bit as dirty as he was, if not more.
        
               | closewith wrote:
               | > Think what you want about Ulbrict, but the cops that
               | took him down were every bit as dirty as he was, if not
               | more.
               | 
               | Obviously the agents who stole the funds were dirty, but
               | the contents of your first paragraph is called a criminal
               | investigation. Nothing untoward there (as described, at
               | least).
        
               | Phlarp wrote:
               | That's certainly how the courts have interpreted things.
               | As always the distinction between "Legal" and "Justice"
               | is left as an exercise to the reader.
               | 
               | For my 2 cents it seems entirely reasonable that an armed
               | gang backed by the state would consider themselves to be
               | individually above the law, since they are constantly
               | told that the ends always justify the means, no matter
               | how odious those means may be.
        
             | hendersoon wrote:
             | Indeed, he deserves to be in jail not for building the Silk
             | Road, or running it, or potentially even for engaging in
             | drug trafficking-- he deserves to be there for attempted
             | murder. There's no ambiguity there, he tried to have people
             | killed to protect his business.
        
             | parkingrift wrote:
             | >Should a drug kingpin who built a global network that
             | facilitated the transfer of illegal substances who was
             | willing to kill people to protect that enterprise only get
             | 10 years?
             | 
             | The murder for hire claims lack necessary evidence to
             | convict. Outside that it becomes a question of whether
             | platform owners are responsible for the content on their
             | platform.
             | 
             | I am personally in favor of content owners being
             | responsible. I think Mark Zuckerberg should be in prison.
             | However, Mark Zuckerberg is not in prison, and continues to
             | wreak havoc on humanity. Why is Ulbricht responsible for
             | what happened on his platform, but Zuckerberg is not?
             | 
             | In my view, Ulbricht should be free so long as Zuckerberg
             | is free.
        
               | trhway wrote:
               | >The murder for hire claims lack necessary evidence to
               | convict.
               | 
               | The evidence comes from those corrupt federal agents who
               | robbed MtGox, and who fabricated evidence which prevented
               | Ulbricht's bail. The murder for hire wasn't proven, yet
               | it was used to significantly enhance the sentence,
               | basically a loophole allowing to punish for alleged acts
               | without "proven beyond reasonable doubt" for those acts.
               | 
               | So, in short the trial has been tainted beyond any
               | salvage.
        
               | duped wrote:
               | Facebook has and continues to police its platform for
               | illegal activity and cooperates with law enforcement.
               | That's not to say they don't facilitate horrible crimes,
               | but they make some effort not to. Facebook also wasn't
               | created for the express purpose of operating drug
               | trafficking.
               | 
               | Ulbricht created a website to sell drugs and made efforts
               | not to police the platform.
               | 
               | It's pretty clear what the difference is between someone
               | who makes a platform that can be used by bad actors but
               | makes efforts to stop them, versus someone who makes a
               | platform for bad actors and tries to protect them.
        
           | arcticbull wrote:
           | He literally tried to murder a few separate people.
        
           | Syonyk wrote:
           | If he'd "just" run a marketplace for illegal everythings, you
           | _might_ be able to make an argument.
           | 
           | When it crosses into "casually ordering multiple murders he
           | believed happened," then, no, I'm sorry, you're not just
           | running a marketplace. You deserve to be behind bars for a
           | long, long time. The only reason that nobody _actually_ died
           | from that was because he was surrounded by scammers and
           | informants, and didn 't realize this. But incompetence is no
           | defense against ordering multiple murders.
           | 
           | https://bitcoinmagazine.com/culture/inside-silk-road-
           | staged-... has a lot of details on the absurdities
           | surrounding it, but DPR genuinely did believe he'd ordered
           | people killed.
        
       | [deleted]
        
       | _fat_santa wrote:
       | Ross's story is heartbreaking honestly. Yes the guy basically
       | built the Amazon of drugs, yes he should have done prison time
       | for it. But FFS 2X life without possibility of parole.
       | 
       | This guys has maybe one chance left and that's if a sympathetic
       | President gets elected and pardons him.
        
         | h3daz wrote:
         | Probably not the best idea to run this kind of business from
         | the US
        
           | duped wrote:
           | The US has a long history of extraditing people through legal
           | or extra legal means wherever they might be.
        
             | ceejayoz wrote:
             | Sure, but that's not a great reason to make it easier for
             | them.
             | 
             | If I were running the Amazon of drugs, I'd brush up on
             | which countries don't extradite to the USA.
        
         | Hamuko wrote:
         | Pardoning someone that was found guilty of running a massive
         | drug operation doesn't seem like an optic that is popular for a
         | lot of presidential candidates.
         | 
         | Maybe if the Libertarian Party manages to win the presidency?
        
         | voidfunc wrote:
         | Eh....
        
         | [deleted]
        
       | Overtonwindow wrote:
        
       | simmerup wrote:
       | Does this mean the US government is about to convert $3 billion
       | worth of Bitcoin into USD?
       | 
       | If so I wonder how the crypto market will react to that
        
         | j0hnyl wrote:
         | Less than one percent of circulating BTC. I don't think it will
         | even register.
        
           | sweezyjeezy wrote:
           | That is not how it works, the price will move via market
           | liquidity - the people buying / selling bitcoin at a given
           | time, the coins sitting in wallets (over 90%) have no effect.
           | This source says it took $91M to move the price of bitcoin by
           | 1% (about a year ago), bigger shifts could have a cascading
           | effect. https://cointelegraph.com/news/bank-of-america-
           | claims-it-cos...
        
           | HaZeust wrote:
           | It responded to Tesla's short for less.
        
         | colinmhayes wrote:
         | This happened over a year ago if I remember correctly so I
         | suspect the government has already sold a lot of it.
        
         | throwaway742 wrote:
         | They auction it off so it's not like they are going to dump it
         | all on an exchange or something. In the past it hasn't really
         | effected much.
        
           | asah wrote:
           | liquid market: think of it as $3B worth of demand-for-BTC
           | that's *not* buying bitcoin on the spot market and propping
           | up the buy-side of the exchanges...
        
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