For Sale: 50,000 Bitcoins
usmarshals.gov
usmarshals.gov
ON JANUARY 27, 2014, THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ENTERED A STIPULATION AND ORDER FOR INTERLOCUTORY SALE OF BITCOINS WHEREIN THE UNITED STATES AND ROSS WILLIAM ULBRICHT AGREED THAT THE UNITED STATES MAY SELL ANY PORTION OR ALL OF THE COMPUTER HARDWARE BITCOINS ON A DATE OR DATES IN A MANNER TO BE DETERMINED BY THE GOVERNMENT.
So, it sounds like he clearly agreed to something, as he is mentioned by name here.
I speculate that Ulbrict needs funds to pay attorneys fees. It may be he stipulated to a portion (or all) of the BTC as his in-exchange for unfreezing the asset and permitting its sale.
(“COMPUTER HARDWARE BITCOINS”)
EDIT-
They're referred to that way in the stipulation agreement he made to allow them to be sold
(pdf) http://www.usmarshals.gov/assets/2014/dpr-bitcoins/order.pdf
It doesn't refer to a statute. It is a short form to refer to what is described in long form in the first paragraph of the notice as "THE BITCOINS CONTAINED IN WALLET FILES THAT RESIDED ON CERTAIN COMPUTER HARDWARE BELONGING TO ROSS WILLIAM ULBRICHT". (The same long description, and the explicit linkage of the same short form to that long description, is in the linked Stipulation and Order from the court allowing the sale.)
The stipulation also refers to the reason -- Ulbricht and the Government agreed to the sale to convert the bitcoins into dollars to protect both parties from risk due to volatility; the bitcoins are not being forfeited at this time, the forfeiture action will continue with the proceeds of the sale as the subject property rather than the bitcoins themselves.
Here's another explanation of it that's probably better than mine: https://www.contributoria.com/issue/2014-08/539b517ba588a791...
So he basically loses them before he even can prove that they are his or not?
That doesn't seem right, it would make sense that the coins are held in an escrow status until he was proven guilty.. It seems to be a big loophole for the government to just go and steal whatever they want from you, before you've been proven guilty.
http://www.huffingtonpost.com/2014/10/06/john-oliver-civil-f...
Also this, an article mentioned in the show:
http://www.washingtonpost.com/sf/investigative/2014/09/06/st...
It's not, and there has actually been a low-level national (US) dialog on the subject over the last month.
http://www.npr.org/blogs/thetwo-way/2014/11/10/363102433/pol...
>So he basically loses them before he even can prove that they are his or not?
Yes goods are guilty until proven innocent in court.
>It seems to be a big loophole for the government to just go and steal whatever they want from you, before you've been proven guilty.
It kinda is. Watch the link.
Happens all the time. You can be driving along, get pulled over, and the cop claims the money in your wallet is the result of illegal activities (usually drug dealing), and takes it. You can get it back by winning the civil lawsuit that will get filed: "Hazzard County Sheriff's Office vs. $150"
Is this constitutional? Lots of people don't think so, but the cops believe it is.
While that may be beside the point, a rousing speech about how asset forfeiture should be changed would resonate more strongly if the subject was someone other than a person who hired people to murder others.
Also, it seems like supreme court justices aren't going to turn against asset forfeiture any time soon, so there's really no way to stop the practice.
EDIT: It's interesting how far people are twisting my words. I made two assertions: One, that there is no way Ulbrict obtained those coins legally, so if you want to reform asset forfeiture, choosing Ulbrict as your mascot would be a tactical mistake. Two, that unless you can convince the supreme court justices to turn against asset forfeiture, the practice will not change.
If you're reading into my words more than those two assertions, you're reading too far.
http://www.popehat.com/wp-content/uploads/2013/10/UlbrichtMa...
http://www.popehat.com/wp-content/uploads/2013/10/UlbrichtCr...
Also, he is getting a fair trial.
Your rationalization appears to boil down to "the status quo is the status quo, so we shouldn't bother trying to change it."
Ulbrict is being given due process. He is also being given a fair trial. My observation is simply that there's no logical way he could have earned 50,000 BTC except by being an early miner or by running Silkroad, and apparently he wasn't an early miner.
Why is that important? Because if you're trying to change asset forfeiture, choosing which case to fight and who to defend is extraordinarily important. Let's say that the supreme court decides to reevaluate asset forfeiture, and let's say you've chosen Ulbrict as the case for them to reevaluate. Why give them more reasons to say "Our finding is that asset forfeiture is a legal and valid practice, and should not change"? By choosing Ulbrict, you aren't helping your cause.
A verdict like that will settle the debate of asset forfeiture for decades to come, so why risk such a crucial outcome so whimsically?
I don't know how to make it any clearer, either you understand that having a lawful society requires following the law to the letter even if something is painfully obvious, or you don't.
You could make your case without statements like that.
Not true at all. In fact the solution is infuriatingly obvious. Require a warrant for all civil forfeitures. The proponents say it's for taking down assets of cartels (and probably alleged purveyors of black markets like in this case) so warrant is easy to get. This would prevent cops rolling average citizens on routine traffic stops so they can finance margarita machines with "pennies from heaven".
A reform like this should be an easy bi-partisan sell to congress. If they can't do it at the Federal level any pol that campaigned as a libertarian or champion of small government should be pushing for this in state legislatures.
Every single article that comes up about DPR or Silk Road, you post multiple comments prejudging literally every facet of the case. The quote above from you is a perfect example. Suppose for a minute that in addition to running the Silk Road, DPR also had a massive mining operation with multiple ASIC processors. Makes sense, right? His whole business was based on BTC - why in the world wouldn't he participate as a miner?
That is just one way that some or possibly all of the 50,000 coins at issue could have been obtained by DPR legally. Ya know, I hope you never get to find out what it's like to be accused of something because then you'll get to see what it feels like when people like you prejudge your guilt.
It's interesting how unapologetically ravenous people will be.
Also, if DPR was an early miner, then surely he would have said that by now.
http://www.usmarshals.gov/assets/2014/dpr-bitcoins/order.pdf
Nevertheless, that's how it works in the land of the free.
http://www.npr.org/blogs/thetwo-way/2014/11/10/363102433/pol...
Civil forfeiture is often (though not always) used to clear up the legal status of assets found abandoned during a criminal investigation, eg if the DEA interrupts a drug bust and the buyers flee, leaving a few hundred thousand in cash behind. You could turn up to such a hearing and assert a legal claim to such assets along with an explanation of why they should not be forfeit, but if the assets are the proceeds of criminal activity then it's not worth it unless you have a truly outstanding cover story because you'd risk arrest or having the testimony at the hearing turn up in your criminal case.
IIRC in this case the feds got the bitcoin wallet information by seizing the Silk Road server, so they have a wholly reasonable presumption that the bitcoins are the assets of the (obviously illegal) drug brokerage business and probably a transaction log to back up this presumption.
Right has nothing to do with the law. Law is about what those with power can push through, it doesn't have anything to do with right and wrong.
That's exactly what it is. It's truly terrible.
I don't know anything about how long law enforcement has to wait before selling your assets.
http://www.washingtonpost.com/sf/investigative/collection/st...
WHEREAS, on or about December 12, 2013, Ulbricht filed a timely verified claim in this proceeding, asserting an ownership interest in the Computer Hardware Bitcoins
WHEREAS, the Government and Ulbricht agree that, due to the volatile market for bitcoins, the Computer Hardware Bitcoins risk losing value during the pendency of the forfeiture proceedings;
WHEREAS, the Government and Ulbricht agree that the Computer Hardware Bitcoins are to be liquidated or sold by the Government before the conclusion of the forfeiture proceedings, with the net proceeds of the sale to be held as substitute res pending further order of this Court;
WHEREAS, the Government and Ulbricht agree that, due to the volatile market for bitcoins, the Computer Hardware Bitcoins risk losing value during the pendency of the forfeiture proceedings;
WHEREAS, the Government and Ulbricht agree that the Computer Hardware Bitcoins are to be liquidated or sold by the Government before the conclusion of the forfeiture proceedings, with the net proceeds of the sale to be held as substitute res pending further order of this Court;
Edit: I'd be curious to hear the side of you down voters. Do you have a legitimate gripe with the accuracy of what i said, or do you just blindly believe that everything the government does is evil?
Your argument is just shallow and not very constructive and having it reversed should make that somewhat apparent.
Personally, the general consensus around these parts is that DPR was brought down with illegal methods by the FBI and then having the actual disclosure being horse shit (aka parallel construction). So yes, blindly trusting that the government is doing anything in good faith around this case is going to be pretty rare.
To further recap: EpicEng did not suggest that "everything the government does is for the greater good," nor did EpicEng even say that the sale was not forced — only that we don't have a compelling reason to believe it was.
Since EpicEng is merely asking for rational thought, I don't see how this can possibly be evidence of EpicEng's biases and preconceived notions.
As a side note, your phrasing here suggests that the only alternatives in your mind are "blindly trust the government" and "blindly accuse everyone involved with the government of any wrongdoing possible," which are both irrational positions. We can consider whether the government is doing something wrong without jumping to conclusions as the people EpicEng was replying to seemed to do.
It says they agree. Doesn't sound forced.
every agreement you signed with government should be implicitly treated as coerced
does the government do the same with securities/stock owned too?
The agency uses practices from private industry to ensure that assets are managed and sold in an efficient and cost-effective manner.
https://en.wikipedia.org/wiki/United_States_v._Approximately...
Massive tax fraud case involving Secret Garlic; it happens :)
It's not that easy to convert a large amount of bitcoins into money that you can use effectively.
[1] http://www.washingtonpost.com/opinions/tim-walberg-an-end-to...
WRT DPR, I would guess that in order to have any chance to successfully challenge the forfeiture he d likely find it necessary to incriminate himself.
This was not "half the point of bitcoins" - the intent of the bitcoin release is only hinted at by Satoshi. Any point you are asserting here is pure speculation.
However, if you think this is a valuable property, a so-called "brainwallet" provides exactly this safety. They've been around for ages. No moving of coins required.
About it being half the point: Perhaps not stated explicitly, but he knew what he was doing by not baking in a government back door. From the whitepaper: "any two willing parties to transact directly with each other"
I'm probably not getting the joke, but are there people who memorize their secret keys? I've never looked to see how long they are but I assume that's quite a feat.
the other half was the flip side of that bitcoin.
Does this come with risk? Shouldn't all transactions be on the chain?
The problem is the sheer quantity of transactions that occur on the various exchanges. Adding that volume to the public chain would make the public chain significantly larger than it is. The bitcoin.cc wiki Scalability page [1] does a better job of documenting the constraints than I could in this space.
The flip side of this is that there's a required level of trust when doing business with an exchange. Thus far no exchanges that I know of are actually publishing their ledgers - so we really have no way to know that all trades are made in good faith and all funds are properly managed by the exchanges.
Unlike regulated government currencies, there are no audit requirements. This means there is nothing that actually requires an exchange to be operating in good faith. I'm actually surprised that there are not yet any private exchanges[2] with public/open ledgers, in response to Mt Gox and various other scams (both for bitcoin and other currencies). Seems the market has to be there for it, after people have been burned so many times.
[1] https://en.bitcoin.it/wiki/Scalability [2] that I know of. I know there are protocols under development intended to handle this, but no actual exchanges that simply publish all transactions for the world to see.
[edit] can't believe I used 'shear' instead of 'sheer'.
http://www.coindesk.com/us-marshals-one-auction-bidder-claim...
This is Ross Ulbricht's personal bitcoins on his laptop and backup drives.
[0] http://www.bloomberg.com/news/2014-07-01/bitcoin-auction-end...
Additionally, if you were a rational investor who believed the coins were worth above market price, why would you not additionally buy up any coins on the market that were selling below that price? Ultimately, bidding up the market price to whatever the "above-market" bid was.
Bitstamp, which says "world's leading bitcoin exchange" about itself can't sell you 30k coins right now. Oh, and bitcoin exchanges have a history of.. let's call it.. problems.
A rational investor who wants to buy a large volume of coins would certainly bid above "market" price for coins handled by a reputable seller.
edit: Of course, any time after the bids were completed would be a good time. After the auction ends would be just as good for you.
That's what people asked last time when, if I remember correctly, the FBI was selling off some of the Silk Road coins. Nothing really happened, maybe a few percent drop, but that happens every day so I'm not even sure that was due to the sell.
http://trilema.com/2014/the-united-states-scammers-service-f...