Those allegations were used to deny him bail and influenced public perception, they were not part of his formal conviction or sentencing.
He was convicted on non-violent charges related to operating the Silk Road website, including drug distribution, computer hacking, and money laundering.
Does this change your opinion of sentencing being well-deserved?
[1] https://s3.amazonaws.com/s3.documentcloud.org/documents/1391...
It's ridiculous that people are pretending there is any doubt about his guilt because they like crypto and/or drugs.
1. https://www.supremecourt.gov/opinions/24pdf/23-6573_m647.pdf
The gov should have to prove you committed a crime before that information is admissible at sentencing.
https://pbwt2.gjassets.com/content/uploads/2017/05/15-1815_o...
The US Attorneys made a lot of publicity out of the murder-for-hire conspiracy allegations against Ulbricht in their indictments and in pre-trial media ("although there is no evidence that these murders were actually carried out." as the indictment itself obliquely says).
Ulbricht's defense could have come up with a plausible alternative explanations that he knew redandwhite was a scammer trying to extort him with a story involving nonexistent people, and was just playing along with him for whatever reasons.
[*] If the prosecution had not actually dropped those charges at trial, it would have been confirmed at trial which of the six identities were fictitious/nonexistent and whether all the accounts were managed by the same DEA agents. Hard to imagine that at least one juror wouldn't have formed a skeptical opinion about government agents extorting a person to conspire to kill fictitious people (why didn't the indictment just focus on nailing him on the lesser charges?). If this wasn't a Turing Test on when is an alleged conspiracy not a real conspiracy, then someday soon we'll see one.
ArsTechnica covered these facts in 2015:
[0]: "The hitman scam: Dread Pirate Roberts’ bizarre murder-for-hire attempts. On the darkweb, no one is who they seem." 2/2015 https://arstechnica.com/tech-policy/2015/02/the-hitman-scam-...
[1]: Silk Road’s alleged hitman, “redandwhite,” arrested in Vancouver https://arstechnica.com/tech-policy/2018/11/silk-roads-alleg...
[0] gives a timeline and fills in lots of details.
Article [1] describes Bridges:
> Bridges was a cryptocurrency expert [... with offshore entities, including one that he had created after pleading guilty in this case]. According to AUSA Haun, his involvement with digital currency cases across the country caused a “staggering” number of investigations to become tainted, and subsequently shut down. She told the judge at Bridges’s sentencing that the corrupt agent had been looking out for opportunities to serve seizure warrants and somehow profit from it.
> The prosecutor also said that bitcoins were still missing, and they weren’t sure if he had worked with other corrupt agents. The US Attorney’s Office seemed to imply that there had been a lot of weird (but not necessarily chargeable) stuff that was still unaccounted for.
Article [2] describes Force:
> [Force's mental health issues]... his previous undercover assignments had ended disastrously. An assignment in Denver in 2004 had ended with a DUI. A second undercover assignment in Puerto Rico had ended in 2008 with a complete mental breakdown. Force was institutionalized, and did not return to his job until 2010. He was on desk duty until 2012, when he was assigned to investigate the Silk Road.
[0]: "Investigating The Staged Assassinations Of Silk Road" 11/2021 https://bitcoinmagazine.com/culture/inside-silk-road-staged-...
[1]: "Great Moments in Shaun Bridges, a Corrupt Silk Road Investigator" 2/2016 https://www.vice.com/en/article/great-moments-in-shaun-bridg...
[2]: "DEA Agent Who Faked a Murder and Took Bitcoins from Silk Road Explains Himself" 10//2015 https://www.vice.com/en/article/dea-agent-who-faked-a-murder...
[1] was previously posted on HN 2/2016: https://news.ycombinator.com/item?id=11037889
The U.S. is rather unique in providing a right to jury trials for most--in practice almost all, including misdemeanor--criminal cases. And this is a major factor for why sentencing is so harsh and prosecutions so slow in the U.S. In myriad ways the cost of criminal trials has induced the system to arrive at its current state favoring plea deals, with overlapping crimes and severe maximum penalties as cudgels. Be careful about what kind of "protections" you want to impose.
This standard is an enormous document, https://www.ussc.gov/guidelines which lays out the rules for adjustments. Evidence is admissible (by both sides!) for sentencing, with a lower standard of evidence and burden of proof, to either raise or lower the sentence within the very wide numbers of what the conviction was for. So the Judge in this case found that the lower burden of proof was met for additional violent crimes being committed (with Ulbricht's legal team having an opportunity to rebut), and that impacts the sentencing calculations.
Not a lawyer, but I have listened to US lawyers on podcasts.
Is it? Preponderance of the evidence is basically “more likely than not”
A preponderance of the evidence is the greater weight of the evidence after all evidence is considered. Heuristics along the lines of "yeah that fits my priors"—which is what is actually meant by "more likely than not"—are explicitly disallowed.
If Joe Smith in Smalltown, Ohio was hit by a blue bus, and hammock owns 51 of the 100 blue buses in Smalltown whereas torstenvl owns 49 of the 100 blue buses, that is insufficient evidence by itself to prevail by a preponderance standard against hammock in a civil suit.
(The rule of law is important, and we may let off people who deserve harsh sentences for the sake of preserving it, but it doesn't mean they deserve those sentences any less)
> even though the charge of hiring a contract killer to assassinate his business competition may have been dropped
Just because the charge was dropped doesn't mean he's innocent of it. In fact, reading the chat logs makes his guilt pretty clear. Of course, because the whole operation was a scam, there's little he could have been convicted of. Yet just because the murder was never carried out doesn't mean he didn't intend to have someone assassinated. In my book, paying someone money to kill another person is definitely grounds for imprisonment.
Ross heard that one of his Silk Roads moderators was arrested, and so he hired someone to kill the mod? The assassin sent a confirmation photo of his mod, asphyxiated and covered in Campbell's Chicken and Stars Soup?? The supposed assassin was actually a corrupt DEA agent who later served federal prison time for crimes so embarrassing that they were never fully disclosed?!?!
There is some kind of thorny moral question I cannot quite wrap my brain around.
Ross did not successfully have anyone killed, but it seems that he must have thought he was successful?
Ross (it is alleged, and chat logs seem to show) ordered someone's death and paid for it and got explicit confirmation that they were dead. [actually several someones.] Did he feel like a murderer at this point? What a fascinating, real life Raskolnikov style figure.
Later, perhaps much later, he gets strong evidence that the murder was fake. Nothing has changed in the outside world after he learns this -- the victim is no more alive before or after he learns this. Does this change his identity? Is he more or less of a murderer than before?
Do the people who kill with modified Xbox controllers from a warehouse in Las Vegas do the same kind of killing that Ross thought he did?
And then there is some kind of moral thought experiment happening at a Silicon Valley Rationalist, Effective Altruism kind of scale that I can't quite wrap my head around. Do people matter as much in person as if they're just blips on a screen you'll never meet? If Ross could have sent 1 BTC to prevent fatal malaria in a dozen young kids, thousands of miles away, but he didn't, should he feel responsible in some way for their death? Is he about equally responsible for them as for the online people he is pretty sure he ordered killed from afar, but never met?
It's just a lot. The whole story is supernaturally intense; it's hard to believe it was real. It will make for great TV.
See, e.g.
- https://www.vice.com/en/article/murdered-silk-road-employee-... for the faux forum moderator killing
- https://www.justice.gov/usao-sdny/pr/silk-road-drug-vendor-w... for the other faux five killings (another scam on Ross - he thought he was having extortionists killed? he kept getting confirmations?)