4 ms·

On the other hand, everyone who didn’t dare to come out and ask the government for those coins now knows jimmys name, so I doubt he is off the hook.

Scoundreller 3y ago
I thought someone did try to claim their bitcoin back after the original Silk Road bitcoin seizure, after they deposited bitcoin and the site got seized before they could spend anything (plausible deniability of anything unlawful), but still lost. Gov isn’t going to make it easy to “prove” you had no criminal intent, even if you didn’t do anything yet. Though it should really be the gov’s job to prove every deposit was criminal before seizing it imo. Unlikely someone would succeed now either. And the gov would probably claim they only owed you the dollar value, not the bitcoin back (but does the opposite when they claim you owe them stolen bitcoin and that’s favourable to you). Maybe it was a claim on a libertyreserve deposit? Brian Krebs himself tried to put in a claim, but no updates since his initial contact from IRS in 2020 (7 years after the seizure): https://krebsonsecurity.com/2020/02/a-light-at-the-end-of-liberty-reserves-demise/ https://krebsonsecurity.com/2020/02/a-light-at-the-end-of-li...
- appplication 3y ago
  I agree in principle, but I think it’s also very realistic to suggest that there was no real legitimate and legal usage for Silk Road. It is possible some items and services for offer would be legal in some contexts, but the site existed for the express purpose of being a black market of illicit goods and services. I don’t see there being much plausible deniability. Not a lawyer, but I think in this case it would reasonable for it to be on the defendant to demonstrate that their participation in such a black market was legal, in good faith, and a rational choice (I.e. no reasonable alternative existed). Just surfing Silk Road? Super reasonable, should not be illegal since there is no indication of intent. Deposited money into Silk Road? You definitely had intent to transact.
  - Scoundreller 3y ago
    I’d say it was full of hard to get (and potentially embarassing) goods and services, legal or not. More of an anarcho-libertarian mindset than “I gonna break the law and the law only!”. Plenty of things that aren’t illegal but regulators over-reach anyway and make it difficult to transact in. Then there’s the “illegal in USA, but not in _____”, or “illegal in France but not in USA” Having to make a public claim that you were just going to buy a technically legal viagra analog is a good way to make sure nobody bothers (on top of the gov just making spurious claims that the marketplace is itself a criminal neighbourhood where anyone present is subject to arbitrary search/seizure).

Scoundreller 3y ago

I thought someone did try to claim their bitcoin back after the original Silk Road bitcoin seizure, after they deposited bitcoin and the site got seized before they could spend anything (plausible deniability of anything unlawful), but still lost. Gov isn’t going to make it easy to “prove” you had no criminal intent, even if you didn’t do anything yet. Though it should really be the gov’s job to prove every deposit was criminal before seizing it imo. Unlikely someone would succeed now either. And the gov would probably claim they only owed you the dollar value, not the bitcoin back (but does the opposite when they claim you owe them stolen bitcoin and that’s favourable to you). Maybe it was a claim on a libertyreserve deposit? Brian Krebs himself tried to put in a claim, but no updates since his initial contact from IRS in 2020 (7 years after the seizure): https://krebsonsecurity.com/2020/02/a-light-at-the-end-of-liberty-reserves-demise/ https://krebsonsecurity.com/2020/02/a-light-at-the-end-of-li...

appplication 3y ago
I agree in principle, but I think it’s also very realistic to suggest that there was no real legitimate and legal usage for Silk Road. It is possible some items and services for offer would be legal in some contexts, but the site existed for the express purpose of being a black market of illicit goods and services. I don’t see there being much plausible deniability. Not a lawyer, but I think in this case it would reasonable for it to be on the defendant to demonstrate that their participation in such a black market was legal, in good faith, and a rational choice (I.e. no reasonable alternative existed). Just surfing Silk Road? Super reasonable, should not be illegal since there is no indication of intent. Deposited money into Silk Road? You definitely had intent to transact.
- Scoundreller 3y ago
  I’d say it was full of hard to get (and potentially embarassing) goods and services, legal or not. More of an anarcho-libertarian mindset than “I gonna break the law and the law only!”. Plenty of things that aren’t illegal but regulators over-reach anyway and make it difficult to transact in. Then there’s the “illegal in USA, but not in _____”, or “illegal in France but not in USA” Having to make a public claim that you were just going to buy a technically legal viagra analog is a good way to make sure nobody bothers (on top of the gov just making spurious claims that the marketplace is itself a criminal neighbourhood where anyone present is subject to arbitrary search/seizure).