1 00:00:00,120 --> 00:00:02,960 Speaker 1: He went by the pseudonym dread Pirate Roberts, after the 2 00:00:03,040 --> 00:00:05,320 Speaker 1: character in the movie of the Princess Bride. He ran 3 00:00:05,360 --> 00:00:10,039 Speaker 1: a multimillion dollar online black market where people bought drugs, 4 00:00:10,119 --> 00:00:14,400 Speaker 1: hacking tools, and false identification. Now Ross William Albrich, the 5 00:00:14,440 --> 00:00:17,040 Speaker 1: thirty three year old founder of the Silk Road Internet bazaar, 6 00:00:17,200 --> 00:00:19,360 Speaker 1: is looking at a lifetime in prison after a federal 7 00:00:19,360 --> 00:00:22,680 Speaker 1: appeals court upheld his conviction for drug trafficking and other 8 00:00:22,840 --> 00:00:25,360 Speaker 1: other crimes. It was a three nothing decision, but it 9 00:00:25,400 --> 00:00:27,920 Speaker 1: took a hundred and thirty nine pages, and along the 10 00:00:27,920 --> 00:00:30,960 Speaker 1: way the court question the wisdom of such harsh sentences. 11 00:00:31,520 --> 00:00:33,720 Speaker 1: With us to talk about it is Bloomberg News as 12 00:00:33,800 --> 00:00:36,959 Speaker 1: reporter reporter in the very busy New York Federal court House, 13 00:00:37,000 --> 00:00:41,440 Speaker 1: Bob van Voris, Bob, thank you for joining us. Um So, 14 00:00:41,600 --> 00:00:45,000 Speaker 1: drug dealers with no criminal history don't normally get such 15 00:00:45,080 --> 00:00:50,000 Speaker 1: long sentences. What was it about this case that was different? Well, 16 00:00:50,040 --> 00:00:52,880 Speaker 1: there were a lot of factors that the sentencing judge, 17 00:00:53,240 --> 00:00:58,600 Speaker 1: Katherine Forrest in Manhattan pointed to in sentencing him to life. 18 00:00:59,240 --> 00:01:05,480 Speaker 1: Among other things, Ross William albrickt uh tried to arrange 19 00:01:05,480 --> 00:01:09,440 Speaker 1: for the murders of five people. Uh. Now these were 20 00:01:09,800 --> 00:01:15,880 Speaker 1: online people, people using aliases and uh in a sort 21 00:01:15,920 --> 00:01:20,560 Speaker 1: of house of mirrors kind of effect. The police weren't 22 00:01:20,600 --> 00:01:23,520 Speaker 1: able to figure out whether anybody actually was killed. They 23 00:01:23,520 --> 00:01:26,200 Speaker 1: think that probably none of these murders were carried out. 24 00:01:26,640 --> 00:01:31,640 Speaker 1: But in any case, Albrick paid sifty thousand dollars to 25 00:01:32,760 --> 00:01:36,000 Speaker 1: put out contracts on people who were trying who were 26 00:01:36,080 --> 00:01:41,160 Speaker 1: threatening to expose him and to expose other people on 27 00:01:41,200 --> 00:01:45,800 Speaker 1: the On the site, Bob You wrote that the Circuit 28 00:01:45,920 --> 00:01:50,120 Speaker 1: of Judges the panel showed empathy for his claim that 29 00:01:50,200 --> 00:01:53,240 Speaker 1: the sentence is too harsh, but said it had to 30 00:01:53,280 --> 00:01:57,320 Speaker 1: follow rules. And Gerald Lynch said, it's very possible that 31 00:01:57,400 --> 00:02:00,480 Speaker 1: at some future point will come to regard these sees 32 00:02:00,560 --> 00:02:05,520 Speaker 1: as tragic mistakes, which is the sentencing laws. But the 33 00:02:05,600 --> 00:02:10,000 Speaker 1: judge had leeway. Don't trial judges have leeway with the 34 00:02:10,040 --> 00:02:14,000 Speaker 1: sentencing rules. Some judges, like Judge Jed Raikoff, don't believe 35 00:02:14,240 --> 00:02:18,920 Speaker 1: in maxing out all defendants under the federal sentencing guidelines. 36 00:02:19,960 --> 00:02:22,440 Speaker 1: That's exactly right, and Judge Lynch on the Courts of 37 00:02:22,440 --> 00:02:25,520 Speaker 1: Appeals has written about this in the past. He has 38 00:02:25,560 --> 00:02:27,920 Speaker 1: been skeptical. He was the author of the hundred and 39 00:02:27,960 --> 00:02:30,400 Speaker 1: thirty nine paid opinion, and he in the past has 40 00:02:30,440 --> 00:02:35,519 Speaker 1: been skeptical of using the criminal law to address drug 41 00:02:35,600 --> 00:02:40,280 Speaker 1: use and drug trafficking and suggested that maybe this is 42 00:02:40,320 --> 00:02:44,800 Speaker 1: not the best approach, and certainly the extreme sentences handed 43 00:02:44,880 --> 00:02:48,519 Speaker 1: down to people who use and sell drugs maybe is 44 00:02:48,560 --> 00:02:51,960 Speaker 1: not wise, but that's the law right now. And the judge, 45 00:02:52,200 --> 00:02:55,600 Speaker 1: the sentencing judge said Forrest under the law, had a 46 00:02:55,639 --> 00:02:59,280 Speaker 1: great deal of discretion and uh imposed the maximum of 47 00:02:59,320 --> 00:03:03,040 Speaker 1: life against against Albert, who's thirty three years old and 48 00:03:03,440 --> 00:03:08,760 Speaker 1: faced a very very long time in prison. Bob prosecutors 49 00:03:08,800 --> 00:03:13,799 Speaker 1: offered evidence of six overdose deaths linked to people linked 50 00:03:13,800 --> 00:03:18,000 Speaker 1: to people who are using silk road and all objected 51 00:03:18,040 --> 00:03:20,919 Speaker 1: to that at at trial. How if at all, did 52 00:03:20,960 --> 00:03:26,960 Speaker 1: that factor into the appeals court decision that Judge Force 53 00:03:27,120 --> 00:03:32,880 Speaker 1: took into account. But the appeals court found that even 54 00:03:32,919 --> 00:03:38,880 Speaker 1: without that evidence, the the judge's sentence was based primarily 55 00:03:39,080 --> 00:03:44,880 Speaker 1: on the traffic, the drug trafficking, and the conspiracy allegations 56 00:03:45,000 --> 00:03:48,760 Speaker 1: and the fact that, as I said, he tried to 57 00:03:48,920 --> 00:03:53,440 Speaker 1: have five people murdered. Uh, you know, even though those 58 00:03:53,480 --> 00:03:57,960 Speaker 1: people uh ended up not being killed. Uh. He certainly 59 00:03:58,680 --> 00:04:02,920 Speaker 1: tried to try to have that accomplished. Bob Albrick could 60 00:04:02,920 --> 00:04:06,280 Speaker 1: not tell jurors at his trial that two former federal 61 00:04:06,320 --> 00:04:10,960 Speaker 1: agents stole money from his online accounts while investigating Silk Road. 62 00:04:11,280 --> 00:04:16,680 Speaker 1: Why is in government misconduct and corruption during an investigation, 63 00:04:17,200 --> 00:04:20,000 Speaker 1: whether it affects it or not, something a jury should 64 00:04:20,040 --> 00:04:23,320 Speaker 1: be allowed to consider. Well, this is another aspect of that, 65 00:04:23,480 --> 00:04:26,200 Speaker 1: this sort of online house of mirrors. There were two 66 00:04:26,240 --> 00:04:29,120 Speaker 1: agents who were involved in the investigation. They were down 67 00:04:29,120 --> 00:04:32,400 Speaker 1: in Baltimore, a d e A agent and a secret 68 00:04:32,440 --> 00:04:37,760 Speaker 1: service agent. They were online trying to uh fool Albrecht 69 00:04:38,320 --> 00:04:43,440 Speaker 1: h Pirate Roberts uh into thinking that they were other people, 70 00:04:44,120 --> 00:04:47,240 Speaker 1: using aliases of people who were already cooperating with the 71 00:04:47,279 --> 00:04:50,520 Speaker 1: investigation UM as part of this, as part of the 72 00:04:50,560 --> 00:04:56,920 Speaker 1: online anonymity of investigating this anonymous dread pirate Roberts, these 73 00:04:56,960 --> 00:05:00,440 Speaker 1: two crooked agents use that as covered to steal hundreds 74 00:05:00,440 --> 00:05:03,800 Speaker 1: of thousands of dollars in bitcoin UM. They were eventually 75 00:05:03,800 --> 00:05:09,800 Speaker 1: caught and played guilty. The Court of Appeals ruled that 76 00:05:09,920 --> 00:05:14,040 Speaker 1: this really had nothing to do with Albrick's guilt or innocence, 77 00:05:14,120 --> 00:05:16,360 Speaker 1: and this was kind of a side even though they 78 00:05:16,640 --> 00:05:20,039 Speaker 1: were very clearly, uh, you know, illegal acts by the 79 00:05:20,640 --> 00:05:23,960 Speaker 1: by the investigators. Bob, We're gonna have to leave it there. 80 00:05:24,839 --> 00:05:26,960 Speaker 1: Thank you so much for joining us on Bloomberg Law. 81 00:05:27,040 --> 00:05:31,160 Speaker 1: Talking about Ross William Albrick, otherwise known as dread Pirate Roberts. 82 00:05:31,360 --> 00:05:33,720 Speaker 1: He is the thirty three year old founder of the 83 00:05:33,760 --> 00:05:37,920 Speaker 1: Silk Road Internet bazaar, which was used to buy drugs, 84 00:05:38,080 --> 00:05:42,160 Speaker 1: and he is now looking at a life sentence in prison, 85 00:05:42,320 --> 00:05:44,640 Speaker 1: which was upheld by federal appeals court