Sunday, April 16, 2023

ARTICLES ABOUT COMPLEX FINANCIAL CRIMES FREQUENTLY CONTAIN FACTUAL ERRORS; THE ROSS ULBRICHT SILK ROAD CASE, FOR EXAMPLE



Remember the case of ROSS ULBRICHT, also known as " Dread Pirate Roberts," the owner of SILK ROAD? I have noticed that several articles about his case mention that he is currently serving " Life without Parole" in the Federal prison system. This is incorrect; Parole was abolished decades ago in the Sentencing Reform Act. Inmates can no longer be released on Parole, unless their case involves crimes committed before the late 1980s. 

After a Federal inmate serves 85% of his sentence, assuming none of his Gain Time is taken away from him for infractions, he often must serve, after release what is known as Supervised Release, which imposes the same restrictions as a sentence of Probation, meaning it can be revoked for crimes or certain other violations, like testing positive for drug use. Supervised Release is NOT Parole, though it is administered by US Probation Officers. 

Ulbricht's sentence, as you can see below from his Judgment, is complicated, but a Life Sentence, which is part of his sentence has no Gain Time, unlike a sentence of a term of years. If you receive a Life Sentence, unless it changes, you die in custody, plain and simple.

I understand that journalists reporting on financial crime in major media are neither law school graduates,nor have they even taken college courses in criminal law & procedure, but they frequently fail in what is called in the military Attention to Detail. They often do not verify critical facts, and the public is not served as the result. As a compliance officer, if you are using a specific financial crime case in a due diligence report, for transaction monitoring, or for any purpose where you are attempting to make a point through illustration of a case, do not rely upon the details supplied in a news article, because they may very well be inaccurate. Go to the original source.

As you can see below, Ulbricht was sentenced to two Life Sentences, plus 40 years, to run concurrent with his Life Sentence. Should he, for some reason be released while still living, he will be on Supervised  Release for Life; he will forfeit $183,961,921.00 

Perhaps now you understand why I believe that complex financial crime cases are best reported on by lawyers who have experience in criminal law and procedure.  


(taken from the docket in United States vs. Ross Ulbricht, Case No.: 1:14-cr-00068-KBF (SDNY)

JUDGMENT as to Ross William Ulbricht (1), Count(s) 1, 1s, 2, 3, 3s, 4, Count is dismissed on the motion of the United States. Count(s) 2s, The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of. For a Count(s) 4s, The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: Life to run concurrently; Count (5): Five (5) Years to run concurrently; Count Six (6): Fifteen (15) Years to run concurrently; Count Seven (7): Twenty (20) Years to run concurrently. The court makes the following recommendations to the Bureau of Prisons: PLEASE SEE ADDITIONAL IMPRISONMENT TERMS PAGE FOR RECOMMENDATIONS. ADDITIONAL IMPRISONMENT TERMS; It is respectfully recommended that the defendant be designated to FCI Petersburg I in Virginia in the event that the Bureau of Prisons waive the public safety factor with regard to sentence length. However, if the Bureau of Prisons is not inclined to waive the public safety factor, it is respectfully recommended that the defendant be designated to USP Tucson, in Arizona, or, as a second choice, USP Coleman II, in Florida. Upon release from imprisonment, the defendant shall be on supervised release for a term of: Life on Counts Two (2) and Four (4) to run concurrently; Three (3) Years on Counts Five (5), Six (6) and Seven (7) to run concurrently.; Count(s) 5s, The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: Counts Two (2) and Four (4): Life to run concurrently; Count (5): Five (5) Years to run concurrently; Count Six (6): Fifteen (15) Years to run concurrently; Count Seven (7): Twenty (20) Years to run concurrently. Upon release from imprisonment, the defendant shall be on supervised release for a term of: Life on Counts Two (2) and Four (4) to run concurrently; Three (3) Years on Counts Five (5), Six (6) and Seven (7) to run concurrently. ADDITIONAL SUPERVISED RELEASE TERMS; The defendant shall submit his computer, person and place of residence to searched as deemed appropriate by the Probation Department. The defendant must pay the total criminal monetary penalties, $500 special assessment, lump sum payment of $500 due immediately, balance due. ADDITIONAL TERMS FOR CRIMINAL MONETARY PENALTIES; Forfeiture in the amount of $183,961,921.00 is Ordered. (Signed by Judge Katherine B. Forrest on 6/1/15)(ajc) (Entered: 06/01/2015)

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