Count One: Distributing OR aiding and abetting the distribution of narcotics. Aiding and abetting means knowingly assisting in the commission of a crime, even if he didn’t actually commit the crime. Distribution requires a concrete involvement in the transfer of drugs.
Count Two: The distribution of controlled substances intentionally accomplished by means of the Internet.
Count Three: Conspiracy with others to violate narcotics laws. A conspiracy exists if two or more persons, in any manner (whether they verbally agree or not) “come to a common understanding to violate the law.”
Count Four: Engagement in a continuing criminal enterprise (kingpin charge). This requires that the defendant committed a series of federal narcotics offenses with five or more people whom he organized supervised, managed and from whom he received substantial profit. This charge contradicts Count One, as you can’t be an organizer AND just an aider or abettor. In addition the government failed to identify five people who were organized.
Count Five: Conspiring with others to commit OR aid and abet computer hacking. No hacking was proven and no one came forward to say their computer was hacked from software sold on Silk Road.
Count Six: Conspiring with others to traffic in fraudulent identification documents.
Count Seven: Conspiring to commit money laundering.

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The Corruption
Approximately two months after Ross was convicted, it was revealed that two federal agents at DHS Baltimore had been under investigation for nine months, for allegedly stealing and extorting funds from Silk Road, among other crimes. One of these men, DEA agent Carl Mark Force, was the lead undercover agent in the case, at the core of the investigation. He and Secret Service agent Shaun Bridges have now been indicted for a massive corruption scheme.

These agents had high-level access to administrative functions of the Silk Road, which they gained from an arrested informant. They had the power to change aspects of the site; access to administrator platforms and passwords; the ability to change PIN numbers and commandeer accounts.

They also had the means to manipulate logs, chats, private messages, keys, posts, account information and bank accounts. And they had the motive to alter data in order to cover up their own actions and point guilt elsewhere. The defense only learned some of this information five weeks before trial and was blocked from referring to it at trial, as it was under seal pending completion of the investigation.

The defense requested that trial be postponed until the investigation concluded so that the entire story could be presented to the jury, but this was denied.

We believe this alleged corruption casts doubt on a large amount of evidence gathered by the government and raises questions about all aspects of the investigation. Yet it was kept under seal during the trial, depriving the jury of essential facts, and Ulbricht of due process and fair trial.

In addition, the agent Carl Mark Force played the single biggest role in the most damning charges leveled against Ulbricht: allegedly organizing a murder (which never occurred). This was not a charge at trial but is charged in an indictment in Maryland and was discussed in the New York trial despite being uncharged and unproven.

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