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This opinion [1] from the judge in his case indicates that the murder-for-hire evidence was admitted during his trial. The document outlines the evidence for all 6 murder for hire allegations and explains why, although not charged, the evidence is relevant to his case.

[1] https://s3.amazonaws.com/s3.documentcloud.org/documents/1391...

It's surprising to me that the prosecutor is allowed to essentially insinuate crimes to influence the jury, without the need to prove them. That seems to undermine the process because it creates a "there's smoke so there must be fire" mentality for the jury.
There was plenty of evidence that he ordered the hits, and the defense had the opportunity to address the evidence in court. The chat logs go far beyond "insinuation"

It's ridiculous that people are pretending there is any doubt about his guilt because they like crypto and/or drugs.

So why not properly charge him then?

Do you not think the optics are a bit weird when you sentence someone to life for something relatively small, but the reason is another crime you’re very sure he did but you didn’t bother to charge him with?

Prosecutors often choose not to pursue additional charges against someone already serving a life sentence. This approach helps avoid wasting court time and resources on cases that are unlikely to change the individual’s circumstances or contribute meaningfully to justice (none of the murders for hire resulted in victims).

I actually wonder if those charges may still be on the table now that a pardon has been granted.

https://en.wikipedia.org/wiki/Prosecutorial_discretion

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Being a drug kingpin is not considered "something relatively small" under US law, as you can see from the sentencing. Being the leader of a large drug operation and ordering hits to protect your business would be considered worse than trying to take out a hit for whatever "personal reasons".

Obviously the hits are a lot messier to prosecute as well with the misconduct of the FBI agents, maybe you could hammer that enough to confuse a jury. But people are commenting like the evidence outright didn't exist - I can only think they have either heard it told second-hand, or are employing motivated reasoning.

Of course it is. Throwing in potential evidence of unrelated crimes to sway other people's (specifically jury's) opinion about the defendant without formally charging him is exactly what the word "insinuation" means[0]:

the action of suggesting, without being direct, that something unpleasant is true

[0]: https://dictionary.cambridge.org/dictionary/english/insinuat...

> There was plenty of evidence that he ordered the hits, and the defense had the opportunity to address the evidence in court

Clearly not that much evidence if the state didn't bother to prosecute those charges. And why would they? The judge sentenced him as though he had been found guilty of them.

Coincidentally, on the same day, SCOTUS confirmed in Andrew v. White ruling [1] that admitting prejudicial evidence violates due process rights under the 14th Amendment.

1. https://www.supremecourt.gov/opinions/24pdf/23-6573_m647.pdf

It's a gross miscarriage of justice.

The gov should have to prove you committed a crime before that information is admissible at sentencing.

This opinion (after appeal) also details how they taken into consideration with sentencing. See pages 130-131

https://pbwt2.gjassets.com/content/uploads/2017/05/15-1815_o...

That's a nice end-run around “innocent until proven guilty”: they didn't have to prove anything about those allegations beyond making them, because he wasn't charged with them.
The first person in the murder-for-hire allegations 'FriendlyChemist' was an undercover DEA agent or informant, and it's strongly possible none of the other people existed. It's also conjectured the hitman account 'Redandwhite' was being operated by the same DEA agent [*]. Moreover the bitcoin DPR sent the supposed hitman 'Redandwhite' sat in the wallet from 3/2013 till 8/2013, "which alone should have tipped out DPR about a possible scam" ie. that the killing never happened [0]. DPR never requested any confirmation pictures of at least 5 of the (fictitious) killings, nor was there any Canadian media coverage to suggest anyone got assassinated on the supposed dates.

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...

To my mind, it doesn't matter whether a murder actually occurred for Ulbricht's culpability. He thought he was ordering a murder, he solicited proof, he got proof, and he asked for more hits. In his frame, someone was murdered on his orders. It's a burden to prove for sure, but the fact that he paid substantial cash equivalents in bitcoin to me mean he didn't think he was playing some fantasy game with scammers.
The chat logs show that he was quite stoic about the whole thing and treated it as a mundane business action to protect himself ("is a liability and I wouldn't mind if…"; "I've received the picture and deleted it. Thank you again for your swift action.").

Given that he is now free, and may have access to substantial cryptocurrency wealth, I think it would probably be best under the circumstances if everyone forgot about these allegations and just left him alone to live a quiet life.

FWIW, the two agents in the Ulbricht case, Shaun Bridges and Carl Mark Force IV, both subsequently went to prison for corruption, money-laundering etc. which they were perpetrating at the same time as the Ulbricht investigation, and tainted a lot of other prosecutions.

[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

99% of paid hitmen were and are just cops. They catch plenty of people with real plans all the same.
You missed that the "victims" did not exist and were invented (and Ulbricht's defense could have claimed that he was aware of that, and it would only need one juror to find that credible). I'm pointedly asking what a "real" plan is if it involves fictitious people invented by the two govt agents - both of whom (Bridges and Force) subsequently went to prison for corruption. If the conspiracy-to-commit-murder charges hadn't been dropped, cross-examining Bridges and Force likely would have destroyed the prosecution case (for conspiracy to commit murder).

UPDATE: apparently I'm wrong that "factual impossibility" is not a defense [0]. But Bridges and Force's criminal behavior tainted the prosecution case on this charge. Presumably why the prosecution made sure those two agents were not mentioned in the trial.

[0]: https://law.stackexchange.com/questions/62360/can-you-charge...

> You missed that the "victims" did not exist and were invented (and Ulbricht's defense could have claimed that he was aware of that, and it would only need one juror to find that credible).

But now we're playing legal tricks here. The real question would be if Ulbricht was willing to have people killed or not, regardless of what the defense can claim.

EDIT: just to be clear. Legally, I think it makes a big difference if someone decides to have someone else killed, tries to hire an hitman and that hitman turns out to be a policeman in disguise vs a policeman in disguise telling you "there are people doing something that is bad for you, should I kill them?". And it is perfectly right that the second case is crossing a line. But form a moral perspective, if someone answers "yes" in the second case, that still tells us a lot about that person, regardless of whether those people existed or not. The important thing is that those people were real in this person's mind.

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This spin is so good that you should be a defense attorney.