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.
[ Parent
| on HN ]
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.
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)?
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.