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Prosecutors: Silk Road founder Ulbricht deserves a long prison sentence

"If Silk Road did not exist then Preston would still be with us," a father writes.

Prosecutors: Silk Road founder Ulbricht deserves a long prison sentence
Aurich Lawson

Prosecutors filed papers yesterday arguing for a lengthy sentence (PDF) for Silk Road founder Ross Ulbricht, one that would be "substantially above the mandatory minimum," which is 20 years. They cite sentencing guidelines that point to life imprisonment as the recommended sentence.

"Ulbricht profited greatly from his operation of Silk Road, ultimately amassing millions of dollars in commissions," government lawyers wrote in the filings. "He was willing to use violence to protect his enterprise, as evidenced by his solicitation of multiple murders for hire in attempts to eliminate perceived threats. At no point has he acknowledged full responsibility or shown true remorse for his actions."

The Silk Road dramatically lowered barriers to drug dealing, prosecutors posit, and Ulbricht should be held responsible for the overdoses, addictions, and "other foreseeable repercussions" of the drugs sold on the site.

Prosecutors also take a shot at the "harm reduction" arguments made by Ulbricht's lawyer earlier this month.

"[P]raising Silk Road for including 'harm reduction measures' is akin to applauding
a heroin dealer for handing out a clean needle with every dime bag: the point is that he has no business dealing drugs in the first place," they write.

A jury convicted Ulbricht in February on counts related to drug trafficking, money laundering, and computer hacking. The government's arguments in favor of a harsh punishment, filed yesterday, come just after Ulbricht and his family and friends filed dozens of letters pleading for leniency

Silk Road deaths

In the new filing, the government details for the first time the drug-related deaths that it says are directly linked to Silk Road.

That includes the death of Bryan, a 25-year-old Boston man whose sister submitted a letter (PDF) to the court. Bryan "wasn't making good decisions, but he most likely had the sense to not go out seeking drug dealers in Boston's dark alleys," she wrote. "Once he discovered the Silk Road one night, his mind was made up—he was ordering heroin and it was as simple as a few clicks of a mouse, and it would arrive on his doorstep within just a few days.... If Ross Ulbricht were to receive the harshest sentence allowed by the law, perhaps it may make some of these other 'entrepreneurs' realize the true nature of these crimes."

Jacob B. was a 22-year-old Australian man who didn't die of an overdose but had pneumonia symptoms that were aggravated by his use of heroin, cocaine, and methamphetamine. His mother wrote (PDF):

I was often fearful that a stranger would knock on my door seeking money that Jake owed or looking for drugs. I was at times fearful for my safety. As it turns out, I should have been more fearful of the Internet. The Internet makes it too easy. Silk Road made buying and selling drugs safe. Buying drugs over the Internet eliminated the risk... the risk of being robbed or physically hurt.

Jake never needed to leave the comfort of his home. My home. The home I had created as a safe place. Drugs are not tolerated. I find, I flush.... Then Silk Road walked in. Uninvited. Providing a platform that [preys] on the weak and vulnerable. A platform to bring illegal activities into my home. It is not ok. In fact, it is not fair. My loss will always be greater than yours.

Other letters come from the parents of a 16-year-old named Preston, who fell from a second-story balcony in Perth, Australia after taking doses of the drug 25i-NBOMe, also called "N-bomb," made to mimic LSD. Preston died from those injuries. In a letter (PDF) to the court, his father says he first heard about Silk Road when one of Preston's friends told him the origin of the drugs.

"I was wondering what suburb Silk Road was in," wrote Preston's father. "I was then told that Silk Road was a website that you can buy drugs from. Call me naive but I had no idea that this was possible."

Later, his father reflected on Silk Road. "I could not believe that a website could sell drugs and not be closed down," he wrote. "To my disbelief it was true, the site could not be closed down due to some very advance [sic] software... The more I considered it the more I blamed this Silk Road site. The site was responsible for my son's death... I have campaigned vigorously in Australia against this site and finding out about the arrest of the director of the Silk Road, Ross Ulbricht brought many tears... if Silk Road did not exist then Preston would still be with us and for this reason I will continue to campaign against these Evil web sites."

Channel Ars Technica