BETA
This is a BETA experience. You may opt-out by clicking here

More From Forbes

Edit Story

Silk Road Creator Ross Ulbricht Appeals Life Sentence

This article is more than 8 years old.

Last Friday, convicted Silk Road mastermind Ross Ulbricht was sentenced to spend the rest of his life in prison for running the online drug marketplace that made more than $200 million in sales. Now, Ulbricht's defense is putting up one last fight to prevent that from happening.

On Thursday, the defense filed an appeal for both the life sentence and the original conviction to the U.S. Court of Appeals for the Second Circuit.

The appeal comes as no surprise. Just hours after the sentencing Ulbricht's mother informed reporters outside the courthouse that the defense would be pursuing an appeal. In a blog post after the sentencing, she described the sentence as a "draconian ruling" that "sent shock waves worldwide."

Ulbricht's attorney Joshue Dratel described the life sentence as "unreasonable, unjust and unfair.” He added, "It is based on improper considerations that have no basis in fact or law. Instead it is purely punitive and completely beyond the range of what drug offenders get in this district, in this circuit, in this country.“

This appeal is the latest in a long string of attempts by the defense to contest Ulbricht's case, none of which have been successful.

Last year, Ulbricht's defense filed two motions to drop charges and suppress evidence. The first was filed in late March 2014 and questioned if Ulbricht could be charged with money laundering if the government doesn't recognize Bitcoin as currency. Judge Forrest said yes and denied the motion. In early August, the defense filed a second pre-trial motion, claiming that Ulbricht's Fourth Amendment rights had been violated by the seizure of the Silk Road and subsequent searches. This motion was also denied---because Ulbricht had no yet claimed ownership of the Silk Road, the judge ruled his Fourth Amendment rights could not be violated no matter how the servers were seized.

On March 6, 2015, the defense asked for a new trial after Ulbricht was found guilty of seven charges by a jury in early February. Dratel claimed that the government had been too slow to produce exculpatory material, and that some of that material shed new light on the two motions Judge Forrest had denied in 2014. On April 27, the judge denied the motion, saying that the "evidence of Ulbricht’s guilt was, in all respects, overwhelming.”

If the appeal is not successful, Ulbricht will concurrently serve two life sentences, a 20-year sentence, a 15-year sentence and a five-year sentence without parole.

Follow me on Twitter or LinkedInSend me a secure tip