Tag Archives: appeal

Ross Ulbricht Set to Appeal Life Sentence in Silk Road Conviction

NEW YORK CITY – Ross Ulbricht, the convicted founder of the Silk Road online marketplace, will appeal his two life sentences, according to court documents filed on Thursday. Ulbricht was sentenced on five different counts in late May – one for 20 years, one for five years, one for 15 years and two for life, with no possibility of parole.

Ulbricht’s attorney Joshua Dratel spoke with TruthInMedia about the decision to appeal. ​

“The sentence is unreasonable, unjust and unfair, and based on improper considerations that have no basis in fact or law. Of course we will appeal the verdict and the sentence.”

In February, the Silk Road trial concluded as the jury reached a verdict of guilty on seven charges related to distributing narcotics, fraudulent documents, money laundering, and continuing a criminal enterprise. The jury took just three hours to convict Ulbricht on all charges.

At least 97 friends and family members of Ulbricht wrote to the judge asking for the most lenient sentence possible. Ulbricht himself wrote the judge asking her to give him 20 years so he might still have his old age.

Throughout the trial and sentencing, Ulbricht’s attorney objected to the judge’s decisions regarding witnesses, evidence, and other facts they say were kept from the jury. One point of contention comes from the discovery that two former federal agents are accused of stealing hundreds of thousands of dollars during their investigation of the Silk Road. The two defendants are Carl Force, a former special agent for the Drug Enforcement Administration (DEA), and Shaun Bridges, a former Secret Service special agent. Force and Bridges were assigned to a task force based in Baltimore investigating Silk Road. Force was the lead investigator working undercover, and Bridges was a computer forensics expert working on the case.

According to a press release from the Justice Department, Force “served as an undercover agent and was tasked with establishing communications with a target of the investigation, Ross Ulbricht, aka ‘Dread Pirate Roberts.’” Force was authorized to communicate with Dread Pirate Roberts (DPR) online to gather information, but he allegedly went on to create several unauthorized, fictitious online identities.

“The Government’s efforts to keep the Carl Force scandal out of the public eye at trial is in itself scandalous,” said Joshua Horowitz, a defense attorney for Ulbricht. “The recently filed Complaint which names Carl Force as a defendant demonstrates that the Government’s investigation of Mr. Ulbricht lacked integrity, and was wholly and fatally compromised from the inside.””

Whether any of the latest revelations will have any effect remains to be seen.

 

 

EXCLUSIVE: Sheriff Stands Up to IRS, Cancels Land Sale

WASHINGTON, February 7, 2015—New Mexico’s Eddy County Sheriff Scott London notified the Internal Revenue Service (IRS) via letter that the sale of county resident Kent Carter’s property is canceled until Carter receives due process of law and his appeal is heard. The certified letter dated February 4 received an immediate response from the Undersecretary of the Treasury’s office. According to the Treasury’s website, however, the public auction is still slated for February 19.

“Many officers have stood up over the years for the rights of citizens being victimized by the federal government,” said Sheriff Mack, founder of the Constitutional Sheriffs and Peace Officers Association, “But Sheriff London is the first one to stand up to the IRS since the early 1990s.” Mack said, “His actions show courage and humility. London is setting a good example for the rest of our sheriffs.”

Approximately ten days before Christmas, U.S. Marshals broke in the door of Carter’s rental property with their guns drawn. The tenant was a young mother with a new baby—home alone while her husband was at work. Sheriff London was called to the property to intervene. He advised the Marshals that Carter’s case was in appeal and he deserved due process. They threatened to arrest London, but he stood his ground and they backed off.

Carter has battled the IRS for decades over taxes on the earnings of his modest construction business. One court document listed his debt at $145,000, a figure Carter says an assessing agent “pulled out of thin air.” Every time he challenged them, his bill would shoot up a few hundred thousand dollars. His legal complaints state that the IRS failed to adhere to its own tax code, did not use proper accounting methods, and that the collection activity was unlawful because no notices of deficiency were given. Carter says his private and confidential information, including his social security number, was filed in public records and given to third parties. The IRS countered that it can publish and disperse the private information of Americans if it is trying to collect their money or property. A judge agreed.

Carter says the IRS is currently claiming he owes $890,000, a figure that “doubled with the stroke of a pen.”

The Taxation & Revenue Department ordered Carter to cease “engaging in business in New Mexico” until his arbitrary tax debt was paid. Carter appealed this injunction on the grounds that it was both unconstitutional and vague, as it deprived him of his right to make a living and also prohibited him from, “carrying on or causing to be carried on any activity with the purpose of direct or indirect benefit.”

“The IRS fabricates evidence against citizens by pulling numbers out of a hat and adding fees,” said Mack, “They wear people down emotionally and financially until they can’t take it anymore. No citizen should ever have to fight the IRS for decades in order to keep his land.”

“The IRS is a lie. The income tax is a lie,” said Carter. “Why should they be able to take anything? They’re worse than the mafia.”

The Carter properties have liens placed against them. A locksmith was instructed to change the locks. The IRS authorized the United States Marshal Service to arrest/evict anyone found on the premises. London, however, physically stood in front of Carter’s gate until the Marshals backed down. A public auction on the front steps of the Eddy County Courthouse is scheduled, but the local county sheriff—trained in the Constitution—resisted.

Carter voluntarily vacated his property and relocated his mobile home to an undisclosed location. “I chose to leave to keep it from escalating to something ugly—like Ruby Ridge, Idaho,” he said. Carter said he advised the Marshals and IRS Agents who publicly claimed he had armed friends on his land, “If there is going to be any violence, it is going to be you who starts it.”

Carter says 100% of his Social Security benefits is seized each month by the IRS, in addition to $2,800 the agency drained from his bank account. Legally, the IRS can take no more than 15% of Social Security benefits.

Mack says banking institutions quiver when faced with the IRS’ gestapo tactics and generally hand over customers’ personal banking information, including access to accounts, without requiring a warrant or even any documentation. He encourages county sheriffs to brief every bank in their jurisdiction to refer inquiries from IRS agents to them.

Sheriff Mack is calling for the IRS to start following the law, including no “random” audits without probable cause, as they violate the Fourth Amendment. He asks them to stop committing crimes and rewarding IRS employees with bonuses for cheating on their personal taxes. “I agree with Senator Ted Cruz and others who say the IRS should be abolished,” said Mack. “It’s time they got off the backs of the American people.”

Carter says he prays daily for wisdom, and that he is surviving to be able to look into his grandchildren’s eyes and tell them he fought for their future and for America.

London is the first Republican to ever be elected sheriff in Eddy County. He distributes Bibles on behalf of Gideon International and met his wife in choir practice.

Exclusive: Air Force Vet/Firearms Expert Sentenced to Prison

 

Arnold's Air Force service record was spotless. He was considered one of the military's best marksmen and one of the Air Force's best firearms instructors.
Tim Arnold served his country for 20 years and executed many top secret missions. Now he must serve time in prison.

WASHINGTON, October 10, 2014–Former firearms instructor and decorated Air Force veteran Timothy Arnold stood for sentencing before Chief Judge Lisa Godbey Wood on October 9, 2014 at the United States District Court of Southern Georgia. Arnold received a sentence of 22 months behind bars and a fine of $168,000 for what many people close to the case believe is the result of a highly unethical investigation without merit.

Advised to not speak in his own defense at the trial, Arnold gave this statement at his Thursday morning sentencing, “I think it is very obvious how much I love this country. During my 20 years in the military, I was given missions and tasks that I did not agree with, but I did them. I do not agree with this guilty verdict, but I believe in this country. I will continue to do the same thing I have always done, and that is live with integrity. Preserving my reputation and my honor means more to me than it probably does to the average person. Now that I have lost my cherished Second Amendment rights, I have also lost the way I make my living. I must focus on protecting and providing for my wife and our little daughter…” Arnold choked up, unable to finish his statement.

Tim Arnold served his country for 20 years and executed many top secret missions. Now he must serve time in prison.
Arnold’s Air Force service record was spotless. He was considered one of the military’s best marksmen and one of the Air Force’s best firearms instructors.

As previously reported on BenSwann.com, Arnold’s charges included conversion (embezzlement,) manufacturing firearms, and illegally dealing firearms. According to multiple affidavits by other agents and witnesses, lead investigator Special Agent Wendell Palmer assembled no true elements of crime but broke multiple Air Force Policy Directives. Most damaging to Arnold’s case were the gross misrepresentations the witnesses say Palmer applied to their unsigned statements used during the trial. Palmer also confiscated personal firearms, records, and other property without providing a receipt. When his superior, Colonel Kristine Blackwell, was asked to intervene, she reportedly turned her back and laughed.

Alarmed by this “less than professional” investigation, many fellow agents and members of law enforcement interviewed by Palmer registered official complaints with the Air Force Inspector General (IG) before Arnold’s case went to trial. This information was not disclosed to the judge or the jury. It is unclear whether or not the IG has responded to the complaints of its OSI agents by opening an investigation of its own. One complaint stated, “I am extremely concerned for what I believe to be a misstatement of facts, improper evidence accounting procedures, and unsubstantiated allegations.”

Palmer declared to multiple witnesses during interviews that he believed Arnold was manufacturing fully automatic and silenced weapons and abusing the government credit card to do so. “I did not feel this information was correct, and felt it was inappropriate for Palmer to make such a statement during an ongoing investigation,” said a fellow agent. Another complainant said, “Upon reading Palmer’s documentation of my interview, I wish I had insisted on doing so (providing a written statement) as he took significant liberty with information I provided and did not account for important details I made sure to convey.” In simple terms, it appears Arnold was framed—but for a crime that didn’t exist.

A Congressional inquiry into this matter was originally requested through Rep. Jack Kingston’s (R-GA) office in 2011, but it was Rep. Carol Shea-Porter (D-NH) who actually opened one this year.

Arnold has 30 days to report to the Bureau of Prisons and begin his sentence. Congress has 30 days to get something done about it.