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Most people replying here will be as sarcastic as I was - but there is a serious question here which i'm certain Ulbricht's defense will ask and challenge. The

by nikcub 12y ago

Most people replying here will be as sarcastic as I was - but there is a serious question here which i'm certain Ulbricht's defense will ask and challenge. The motions filed leading up to this FBI filing have all been about cornering the FBI into revealing this information specifically so they could challenge it (knowing the information wasn't obtained with a warrant). On that note it seems like his lawyers are performing well, they have challenged absolutely everything in pre-trial motions and there have been some interesting rulings (they've lost almost all of them). Warrantless surveillance of foreign servers plus the domestic "general warrants"[0], "bitcoin isn't money"[1], his hacking charge under the CFAA[2] and now a likely challenge to the server evidence that was found by "manipulating inputs" (which is interesting to contrast to Ulbricht's own hacking charge). Both the motion to dismiss and the judges ruling are interesting reads: http://www.scribd.com/doc/215745393/USA-v-Ulbricht-motion-to-dismiss-charges http://www.scribd.com/doc/215745393/USA-v-Ulbricht-motion-to... http://www.scribd.com/doc/233234104/Forrest-Denial-of-Defense-Motion-in-Silk-Road-Case http://www.scribd.com/doc/233234104/Forrest-Denial-of-Defens... I'd be interested to know what an experience lawyer or trial specialist thinks of how it has been going so far. I have yet to find a good opinion piece on the topic. [0] http://freeross.org/feds-silk-road-investigation-broke-privacy-laws-defendant-tells-court/ http://freeross.org/feds-silk-road-investigation-broke-priva... [1] http://www.wired.com/2014/07/silkroad-bitcoin-isnt-money/ http://www.wired.com/2014/07/silkroad-bitcoin-isnt-money/ [2] http://arstechnica.com/tech-policy/2014/07/judge-denies-silk-roads-demands-to-dismiss-criminal-prosecution/ http://arstechnica.com/tech-policy/2014/07/judge-denies-silk...

at-fates-hands 12y ago
I have several criminal defense attorneys I speak with on a regular basis and they always have interesting takes on high profile cases. They basically said his attorneys are doing the right thing by going after the warrant stuff. It's pretty standard in legal circles. Go at the base of their argument. If you can get the original warrant through out, it all goes. The only problem is they suspect this is the only real strategy his defense team has right now. Once the judge rules on this - which my attorney friends believe will be on the FBI's side, his defense team won't have much to pivot on. All the evidence is now compounded and will stick. Which as the article pointed out, is pretty bad for him. It will also confirm his identity as 'Dread Pirate' which a lot of the case hinges on. Once the FBI get that point nailed down, the rest is pretty academic. The only thing that would make this interesting is if the judge rules against the FBI and hence forth a majority of the FBI's case is destroyed. Both of my friends figured the FBI will drop that case and simply let the federal case on conspiracy to commit murder and hiring a hitman run its course. Also, keep in mind there are still three other admins that have been indicted. If they get any of those guys to give them more information about Albrecht, it's all down hill from there. They might not even need most of the stuff they entered as evidence if they can get one of these three to roll over on Albrecht. Pretty much any way you slice it - he's screwed.

by nikcub 12y ago

at-fates-hands 12y ago

I have several criminal defense attorneys I speak with on a regular basis and they always have interesting takes on high profile cases. They basically said his attorneys are doing the right thing by going after the warrant stuff. It's pretty standard in legal circles. Go at the base of their argument. If you can get the original warrant through out, it all goes. The only problem is they suspect this is the only real strategy his defense team has right now. Once the judge rules on this - which my attorney friends believe will be on the FBI's side, his defense team won't have much to pivot on. All the evidence is now compounded and will stick. Which as the article pointed out, is pretty bad for him. It will also confirm his identity as 'Dread Pirate' which a lot of the case hinges on. Once the FBI get that point nailed down, the rest is pretty academic. The only thing that would make this interesting is if the judge rules against the FBI and hence forth a majority of the FBI's case is destroyed. Both of my friends figured the FBI will drop that case and simply let the federal case on conspiracy to commit murder and hiring a hitman run its course. Also, keep in mind there are still three other admins that have been indicted. If they get any of those guys to give them more information about Albrecht, it's all down hill from there. They might not even need most of the stuff they entered as evidence if they can get one of these three to roll over on Albrecht. Pretty much any way you slice it - he's screwed.