https://s3.amazonaws.com/s3.documentcloud.org/documents/1391...
Please remember: the argument isn't "did the government conclusively prove that Ulbricht attempted to commission a murder".
It is: "There was no such thing [here: <<evidence of a murder for hire scheme>>] introduced for the trial" (exact words taken from the comment rooting this subthread and the parent comment that provoked it).
That's not only false, it's pretty much the opposite of what happened: not only was evidence of the murder-for-hire scheme formally introduced at trial, but it was ventured at trial, in a manner that put a part of the prosecution's case on the line for it. Not only did Ulbricht's team have the opportunity to rebut it, but they were obligated to do so in the course of competently representing him.
Edited a bit for clarity.
No, the indictment is simply the initial document filed years ago which started the case and the specific charges can be, and were (right up to before Ulbricht's sentencing, even, where I believe some charges were combined or something) amended and strategies changed. You seem to think that indictments are immutable and all you have to do is quote a line from it, but you are not a lawyer.
> That's not only false, it's pretty much the opposite of what happened: not only was evidence of the murder-for-hire scheme formally introduced at trial, but it was ventured at trial, in a manner that put a part of the prosecution's case on the line for it.
The prosecution did not introduce the murder for hire and during the trial, as I already quoted, explicitly disclaimed that it was trying to do so and that they were only talking about other things like control of Bitcoins.
Is there a newer indictment you can point us to? One in which the murder-for-hire scheme is not ventured as part of the case?
No. It very much mattered. The indictment formally documents the charges Ulbricht faced. His lawyer, a relatively well-known defense attorney, was fully aware of his obligation to rebut the allegations in the indictment. Ulbricht is, of course, innocent of charges until proven guilty. The prosecution produced what appears to be very compelling evidence. The defense produced something much less compelling.
A variety of things that aren't findings of fact at criminal trials can, unfortunately, be material to the sentencing phase of a trial. The murder-for-hire scheme isn't one of those things: it was an explicit component of a criminal charge that Ulbricht was convicted of, supported by evidence, provided to the Ulbricht defense during the earliest phases of the trial.
[0] see p. 5 of the indictment: http://www.justice.gov/sites/default/files/usao-sdny/legacy/...
No. Soliciting a killing for pay ("murder for hire" in informal terms) as an act to advance a conspiracy is included (hardly "hidden") as one of the alleged overt acts in furtherance of the conspiracy, at least one of which must have been found by a juror to have been proven beyond a reasonable doubt to vote to convict on the conspiracy charge.
Actually the document uses the phrase "murder-for-hire".
Your word search probably failed because its an image scan and has no searchable text.
You actually need to read it. Which should be helped by the fact that where I linked it, I told you where in the document the murder-for-hire scheme was addressed.
There was no such thing introduced for the trial. It was in the original press release, then it was withdrawn. Maybe it was because of Mark Force's transgressions, or maybe it was just for effect. Regardless, he never got the chance to defend himself against those particular allegations.
By "no such thing", you were referring to the words <<the "murder for hire" evidence>> in the preceding comment.
Let's pick it apart:
1. There was no such thing introduced for the trial. Not only was it introduced for the trial, it was an explicit part of what Ulbricht was indicted for.
2. It was in the original press release, then it was withdrawn. It was never withdrawn; he was indicted based on (among other things) the explicitly asserted "overt act" of commissioning a murder. The murder-for-hire scheme wasn't innuendo, but a rebuttable fact introduced not just as evidence but as one of the legs of the case.
3. Maybe it was because of Mark Force's transgressions, or maybe it was just for effect. It may have been either of those things, but if so, it was also actually one of the predicates of the conspiracy charge he was convicted of.
4. Regardless, he never got the chance to defend himself against those particular allegations. Yes, he did; his legal team mounted multiple arguments against the allegation, and did not prevail at trial. Ulbricht's team had not only the opportunity to defend him against the allegation, but the obligation to. Conclusively refuting that allegation would have significantly harmed the prosecution's case, knocking out one of the predicates for the conspiracy charge.
From what I can tell, you made a fairly complicated series of assertions, none of which turned out to be true.
EDIT: Whoops I see that zorpner said basically the exact same thing just a couple minutes before me.
Yes, it was a factor in his sentencing (the whole debate about whether or not it was charged was because it was included as a factor in the proposed calculation for sentencing.)
Its not "murder", its "soliciting murder in the furtherance of a conspiracy". Which is not a separate crime, but manner in which the crime of conspiracy is achieved.
(Soliciting murder itself can be charged as a crime, and Ulbricht is charged with that, too, though those charges were not tried with these charges.)
Our war-on-drugs sentencing is quite disproportional, IMHO; imputing societal harms that are unfounded. After all, Mr. Ulbright simply provided a safer way for consenting individuals to enter personal financial transactions.
Silk Road is a drop in the bucket compared to all the transactions arranged over SMS messages and using cash - but we don't hold AT&T and the Federal Reserve responsible for running a criminal enterprise.
===== 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.
[1] http://www.fbi.gov/newyork/press-releases/2015/ross-ulbricht-the-creator-and-owner-of-the-silk-road-website-found-guilty-in-manhattan-federal-court-on-all-countsHe provided a system that could be used as a valuable service for legal activities. It could also be used for illegal or banned activities in various jurisdictions.
I'm just saying that it's a dangerous precedent to say that anyone creating a communication or transaction platform can be held liable for conspiring with users who use it to commit crimes.
It is extremely obtuse to act as if this sets a scary precedent By reducing the situation to absurd levels. Context has always mattered and will continue to matter.
If AT&T made a Text 81841 For Guns and created an anonymous infrastructure for arms dealers to sell guns to gangsters, yes, they would be in trouble.
Here's another example - I'm sure that some people have used Reddit for illegal transactions, but no one is going after Reddit for facilitating drug trafficking because it's a small part of their customer base.
In contrast, the Silk Road was wholly dedicated to selling illegal goods. That's why it was created, and that's why it made money.