Dylan Critten testified about nine counterfeit IDs he believed pictured Ross Ulbricht and an interview in which Ulbricht mentioned Silk Road. On cross-examination, Critten acknowledged that he had invited Ulbricht to speak hypothetically before that discussion.
Dylan Critten
Special agent with Homeland Security Investigations.
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Dylan Critten testified for the prosecution on Day 8 about nine counterfeit IDs intercepted in San Francisco after shipment from Vancouver. The HSI special agent believed their photographs depicted Ulbricht, and their shared birth date matched his, although none bore his name. Critten said records checks did not validate the six state IDs or identify the named individuals. The court admitted the IDs and two photographs without objection.
Critten described visiting the delivery address with another agent around July 26, 2013, and encountering Ulbricht. He testified that Ulbricht became visibly nervous when shown an ID photograph; the court overruled an objection and denied a motion to strike that testimony. Critten said Ulbricht did not admit purchasing the IDs but spoke hypothetically about obtaining illegal items on Silk Road through Tor. He also recalled Ulbricht saying his roommates knew him as Josh.
On cross-examination, Critten confirmed that Ulbricht voluntarily spoke with the agents for approximately ten minutes and produced a Texas driver's license that Critten verified through records and a photograph. He acknowledged that he had invited Ulbricht to speak hypothetically before the Silk Road discussion. Critten had not previously heard of Silk Road, and nothing about the packaging suggested it.
The parties later drew opposing inferences from the encounter. In closing argument, the defense presented Ulbricht's cooperation and disclosure of Silk Road as inconsistent with his being DPR. The prosecution argued in rebuttal that his willingness to mention Silk Road reflected confidence that Tor protected his anonymity.
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