Timothy Howard presented the prosecution's opening and rebuttal and examined witnesses linking laptop records, bitcoin transfers and Silk Road activity to Ulbricht. He argued that those records and a separate thumb-drive backup showed continued control as Dread Pirate Roberts, countering the defense's claim that Ulbricht had relinquished the site and later been set up.
Timothy Howard
Assistant U.S. attorney with the U.S. Attorney's Office for the Southern District of New York.
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Timothy Howard presented the government's opening and rebuttal arguments and examined witnesses about the digital, financial and transaction evidence. On Day 1, he alleged that Ross William Ulbricht continued to operate Silk Road as Dread Pirate Roberts, previewing laptop records, arrest evidence and witness accounts. These were prosecution allegations and promises of proof, not findings.
Through FBI computer scientist Thomas Kiernan, Howard compared laptop-screen photographs, chats, journals, accounting records and cryptographic keys with Silk Road material. He also developed comparisons between laptop files and a separate thumb drive. Howard defended authentication based on recovery from the computer and the forensic testimony. The court admitted disputed exhibits, while leaving some alleged defendant statements subject to connection and requiring more precise wording about a file version rather than a backup. On redirect, Howard addressed the source of the chats and how closing the encrypted laptop would have prevented access. The court sustained his objection to further defense malware questioning; when he returned to malware on further redirect, he withdrew a follow-up after the judge noted the earlier restriction.
Howard's examinations also developed personal disclosures and evidence of marketplace activity. Richard Chapman Bates described Ulbricht's admission that he created and ran Silk Road and the programming help Bates supplied. That direct examination also disclosed Bates's lies to investigators and nonprosecution agreement, and included Ulbricht's claimed sale of the site and a later chat suggesting he had stopped working on it. Howard examined Dylan Critten about counterfeit identification documents linked to Ulbricht and his statements during an interview. With Vincent D'Agostino, Howard moved from purchase records and working links to software testing and a Syslogger demonstration, with qualifications on what had been tested.
Howard distinguished public blockchain transactions from evidence identifying wallet ownership in his examination of Ilhwan Yum, emphasizing direct transfers and laptop-derived addresses while eliciting limits on tracing. He defended the timing of the government's responsive analysis; the court rejected the bitcoin-evidence objections. Through Brian Shaw, Howard presented an offline reconstruction of Silk Road, administrative messages, comparisons with laptop records, message-to-payment links and recorded sales. His redirect addressed message sources and file-integrity checks. Not all proposed summaries were admitted: drug-weight exhibits remained excluded after the government declined to provide supporting data required for possible admission.
During disputes over defense evidence, Howard said the proposed bitcoin expert's disclosure lacked enough detail to evaluate a compromise; the court maintained the exclusion. He also argued that Athavale lacked a substantial connection to the proposed alternative-perpetrator theory. The court excluded Defense Exhibit E as hearsay. In cross-examining former housemate Christopher Kincaid, Howard challenged the extent of his knowledge of Ulbricht and asked about an alleged statement that they barely spoke. Kincaid could not recall making that statement.
Howard announced that the government rested on Day 10 after a final chat reading. In his Day 11 rebuttal, he argued that bitcoin transfers, operational records containing matching personal details, the separate thumb-drive backup and handwritten formulas contradicted the defense's setup theory and claim that Ulbricht had relinquished control. Addressing the alleged murder arrangements, he acknowledged that there was no evidence the killings occurred. His request for conviction was argument, not testimony or a court finding.
Trial Record (36)
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