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Re:Silk Road founder loses appeal by greggh on Wednesday May 31, 2017 @10:37PM (#14457569)
The murder for hire charges were dropped. No evidence of them was shown in court. Because they knew they couldn't win on that one.
Re:Silk Road founder loses appeal by tptacek on Wednesday May 31, 2017 @11:01PM (#14457682)
This is simply false, and moreover, false in each of its particulars.

First: as the appeal opinion clearly states, there's still an open case against Ulbricht for the Force-related murder-for-hire scheme in Maryland. The charges have not been dropped.

Second, evidence of the murder-for-hire charges was presented in court. It was an element of the conspiracy charge. Not only was it presented, but it was presented in a way that Ulbricht's defense was obligated to rebut it.

Finally, the murder charges were presented again during sentencing, and proven to a "preponderance of evidence" standard during that process as well.

These details are all spelled out in the appeals decision.

Re:Silk Road founder loses appeal by 2845197541 on Wednesday May 31, 2017 @11:18PM (#14457739)
I thought they couldn't even prove that the people to be murdered even existed.
Re:Silk Road founder loses appeal by tptacek on Wednesday May 31, 2017 @11:26PM (#14457776)
They don't have to. In federal law (and in several states), you're guilty of attempt if prosecutors can prove beyond a reasonable doubt that you had the intent to commit a crime, and took some substantial step towards it.

They've more than cleared that bar here.

Re:Silk Road founder loses appeal by Mtinie on Wednesday May 31, 2017 @11:36PM (#14457816)
Even if there is no actual target?

For example: Is the rational that if I earnestly believed I was planning on murdering someone who I thought existed, that it is the lead up and consideration that is the crime, rather than the actual attempt (which could never happen)?

Re:Silk Road founder loses appeal by tptacek on Wednesday May 31, 2017 @11:51PM (#14457881)
Yes. That's why we have a crime of "attempt". You do not need to have a likelihood of success; it only needs to be proven that you did intend, and that you took substantial steps. Ulbricht spent more money on these crimes than most people earn in 10 years.