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2015 Federal TrialtranscripttranscriptBrian Shaw — Direct (Part 3) - Day 10 - 2015 Federal TrialBrian Shaw’s continued direct examination covered messages about proposed killings, bitcoin transfers and Silk Road transaction totals. The court admitted category summaries but declined to admit an average-price drug-weight calculation after questioning its sampling foundation.
Timothy HowardSerrin A. TurnerJoshua Lewis DratelKatherine B. ForrestBrian ShawMR. HOWARDBrian ShawTHE COURTMR. DRATELMR. TURNERdirectsidebar
2015 Federal Trial/Day 10/February 2, 2015
10 pages·4 witnesses·1,525 lines
Brian Shaw completed testimony on Silk Road records before the government rested and three defense character witnesses testified. The court kept disputed drug-weight estimates excluded and denied the defense's acquittal motion on all seven counts.
DirectDirectBrian Shaw — Direct Brian Shaw Timothy Howard

DIRECT EXAMINATION (Continued) BY MR. HOWARD:

MR. HOWARD: Good morning, Mr. Shaw.

BRIAN SHAW: Good morning.

MR. HOWARD: Mr. Evert, can you please publish Government Exhibit 936, please? If we can go to where we left off on page 18, please?

Now, Mr. Shaw, you testified on last Thursday that this was a compilation of private messages that were sent to and from the Dread Pirate Roberts, correct?

BRIAN SHAW: That's correct; with one exception.

MR. HOWARD: And that exception being the one post from the Silk Road forum, correct?

BRIAN SHAW: Correct.

MR. HOWARD: And that the other side of the party in each message is the Dread Pirate Roberts other than the forum post, correct?

BRIAN SHAW: That's correct.

MR. HOWARD: Mr. Evert, can we zoom in on the post in blue there?

March 28, 2013, from redandwhite to Dread Pirate Roberts:

"I already have that information but thank you. 1M a week sounds like it would be worth selling on here, once we know exactly how everything works. Even if commission was 15% it would not matter, as we lose more than 15% doing it on the streets with street level guys getting robbed or arrest and losing product etc. Also, we have kidnapped friendlychemists partner Xin already and are on the hunt for friendlychemist. I will keep you updated on the developments. So far though we are liking what we see with this site and this could be a good partnership for both of us. As far as I can see, this site lacks any big time suppliers. It appears it is mostly it is street level independents that are buying small amounts (1oz - 1 kilo at a time) and selling on here. We have the product and the man power to do big things here. Forgive me, but it all seems a little too good to be true right now so I will need some time to really research this before I make any sort of commitment."

From Dread Pirate Roberts to redandwhite:

"I understand, and that is great news about Xin. If I understand the situation, he is the one responsible for your loss. You should definitely take your time and start slowly. I would hate for you to make a mistake and be left with a bad experience. Just let me know if you need anything. Also, you should look into PGP. Many customers like to encrypt their receiving address so you should know how to decrypt it."

From redandwhite to Dread Pirate Roberts -- sorry, the end of the last message was:

"When you are ready, let me know what account you want to sell with and I'll cover the $500 security deposit for you."

The next is from redandwhite to Dread Pirate Roberts:

"We are all familiar with PGP as we have been using it for years via email linked to our smartphones. It's the only way we communicate with each other aside from in person, since phone calls are not secure. There is no loss anymore, also. We were able to recover all of our missing product when we grabbed Xin. After some "questioning" he admitted he was intending on moving to a different country and setting up a new seller account on this site. We don't take too kindly to thieves. He's gone. I appreciate your offer to waive the fee, but If we were to sell on here I would like to pay the same as everyone else. Very kind of you though. I will be in touch."

March 29, 2013, from friendlychemist to Dread Pirate Roberts:

"u leave me no choice i want 500k usd withn 72hrs or i am going to post all the info i have. i cant go back to my home and i had to move my kids and wife somewhere and i need the money so i can move my family and start a new life. i hate to do this but i need the money or im going to release it all. over 5000 user details and about 2 dozen vender identities wats it going to be?"

From Dread Pirate Roberts to friendlychemist:

"Don't do anything foolish. The people that you owe money to have caught up with Xin and reclaimed their loss. I spoke to them and calmed them down. They are likely going to become vendors here on SR. Now you can calm down too. Go back to your normal life and don't get involved in this stuff any more."

From friendlychemist to Dread Pirate Roberts:

"u dont think i kno what they did to xin? u think i can just go on with my life? u dont know these ppl. i owed them money and i ran away from them. its over for me. i need that money to start over somewhere else with my family. i need it! i dont want to do this but if u dont give it to me i have no choice they are still telling me that i hav to meet them and i kno what will happen. i cant let that happen! even if they say it is ok i kno they will do the same thing to me. they say everything is ok but i kno what they will do! 63 hours.. please.. dont force me to post everything. 500k is nothing to u but its life and death for me they told me that i have a free pass and that they dealt with it with xin but i kno that they are doing that to make me think its ok and then get me! thats how these ppl operate!"

From Dread Pirate Roberts to friendlychemist:

"Do me a favor and make it 96 hours. I will get back to you on Monday. I want to work this out, but I have big plans for this weekend and don't want to have to deal with this."

From Dread Pirate Roberts to redandwhite: "Hi again R&W, I hate to come to you with a problem when we are just starting to get to know one another, but Blake (FriendlyChemist) is causing me problems. Are you still looking for him or now that you've found Xin have you given up? I would like to put a bounty on his head if it's not too much trouble for you. What would be an adequate amount to motivate you to find him? Necessities like this do happen from time to time for a person in my position. I have others I can turn to, but it is always good to have options and you are close to the case right now. Hopefully this is something you are open to and can be another aspect of our business relationship. Regards, DPR"

Now, Mr. Evert, could you put that message on the top of the screen, please? On the bottom of the screen can you please publish Government Exhibit 241 -- this is already in evidence, a file that was recovered from the defendant's computer -- and zoom in on the entry from March 28, 2013 from March 29, 2013?

3/28/2013: Being blackmailed with user info. Talking with large distributor (hell's angels).

3/29/2013: Commissioned hit on blackmailer with angels.

Now go back to the message, Mr. Evert?

March 30th, 2013 from redandwhite to Dread Pirate Roberts:

"What is the problem? We usually tend to stay away from hits as they are bad for business and bring a lot of heat. Is it a problem that can be resolved or does it need to be dealt with sternly? As of right now, we don't care about him because we retrieved more from Xin than what he took from us, and he also paid for it with his life. Debt paid in our books. As far as rates go, we don't have a flat rate for things like that. It's on a case by case basis. Usually we pay our hitters a percentage of what the person owes +/- how much they can retrieve. If it's strictly a hit because they don't want the person around anymore it's also different. Does he owe you money or do you just not want him around anymore? I can send a couple of my guys to do recon to find out exactly where he is right now in the meantime until I hear back from you."

From Dread Pirate Roberts to redandwhite:

"If you can find his location, that may be enough for me to scare him off. He is trying to blackmail me. Just let me know what you need to make this worth your while."

From redandwhite to Dread Pirate Roberts:

"If I find his location, and you use it against him to scare him, there is a chance he will switch locations again. Speaking from experience, it will become a lot more difficult to find him again after that once he knows there are people capable of finding, him looking for him."

"Further, the people we use to do the recon are the hitter themselves. I don't think they will be interested in continuing looking for him if there will be a small sum to be split between them just to find his address. If you have your mind set on just finding his location, I can talk to them and get them to get it for you for a fee (not sure what amount as usually when we hunt someone, there is more involved after we find them). If you want to deal with him the other way, we can talk about that too, but price varies on the situation. If you want it to look like an accident, it would cost a lot more. It wouldn't be suspicious. He would just leave home one day and not return. If you don't care what it looks like, it would be cheaper than the accident. We use professionals and not street level hoodlums who always end up fucking things up. How much does he owe you and how much are you willing to pay? If there are funds retrieved, how much would we keep from what he has when we get him(if he has anything) ?"

From Dread Pirate Roberts to redandwhite:

"He doesn't owe me anything, but he is threatening to expose the identities of thousands of my clients that he was able to acquire working with Xin if I don't pay him off. As you don't take kindly to thieves, this kind of behavior is unforgivable to me. Especially here on Silk Road, anonymity is sacrosanct. It doesn't have to be clean, and I don't think there are any funds to be retrieved."

From redandwhite to Dread Pirate Roberts: "Price for clean is 300k+ USD. Price for non-clean is 150-200k USD depending on how you want it done. These prices pay for 2 professional hitters including their travel expenses and work they put in. We can use out of town hitters if you want as well, but I would not suggest them because they come with an extra cost and you don't seem to care how he is taken care of. When would you like this done?"

March 31st, 2013 from Dread Pirate Roberts to redandwhite:

"Don't want to be a pain here, but the price seems high. Not long ago, I had a clean hit done for $80k. Are the prices you quoted the best you can do? I would like this done asap as he is talking about releasing the info on Monday."

From redandwhite to Dread Pirate Roberts:

"I'm sorry, but we can't do anything for that price. Best I can do is 150 and even that is pushing it. Since you need a rush job done, usually we would charge even more. In the interest of business relationship to be, I could do 150. No lower. If 150 does not work for you, we are going to have to pass. We use professionals, and we pay them a good price. Always send them out in a team of 2+.. 75k each for expenses and the job is a fair amount I think. We have one of his associates, and we're paying him to set him up for us. We'll pay for that ourselves on our end. I'm guessing you will not be able to pay by cash, so how would payment work since you need it done before monday?"

From redandwhite to Dread Pirate Roberts:

"If you want it done by Monday that only leaves today. It's Sunday morning here. We always seem to miss each other online, so I will leave a bitcoin address in case you want to pay that way. Probably best so we can get used to dealing with bitcoins anyways since we will be selling here more than likely in the next week or two. I will check the computer in about 10 hours and If I see that you do want to go ahead with this, and payment has been sent we'll do it today."

So then there is 1MWCS1ID and a lot of other characters.

"If you want picture confirmation of the job afterwards, give me random numbers and I will have them write them beside him and take a picture for you."

From Dread Pirate Roberts to redandwhite:

"Thank you R&W. I've only ever commissioned the one other hit, so I'm still learning this market. I have no problem putting my faith in you and I am sure you will do a good job. The exchange rate is above 90 right now, so at $90/btc, $150k is about 1670 btc. If the market tanks in the next few days, I will send more. Here are some random numbers for a picture: 83746102 Here is the transaction # for 1670 btc to" --

And then there is long strings of characters:

"Good luck and be safe, DPR"

Before we move on, Mr. Shaw, let me direct your attention to this here. Do you recognize what that is?

MR. HOWARD: What is that?

BRIAN SHAW: It appears to be a bitcoin address.

MR. HOWARD: Mr. Evert, can we publish the top of the page, please? Can we put up Government Exhibit 630 on the bottom of the screen that has already been admitted into evidence? And just zoom in on the top portion, here.

So, Mr. Shaw, do you recognize what this depicts?

MR. HOWARD: And what does it depict?

BRIAN SHAW: A bitcoin transaction, a log from the block chain.

MR. HOWARD: Is there any information from this message reflected in this message from the block chain?

BRIAN SHAW: Yes, there are two pieces.

The bitcoin address, the 1MWV on the top matches the 1MWV on the bottom. Additionally, the transaction number listed here 4A0A is match on the bottom, 4A0A.

MR. HOWARD: What does the block chain indicate about this transaction?

BRIAN SHAW: This indicates that a bitcoin transaction occurred with 1670 bitcoins being spent from these four addresses and the destination was to this address with the 1MWV.

MR. HOWARD: And what is the date of the transaction?

BRIAN SHAW: It is March 31st, 2013.

MR. HOWARD: Is that consistent with the date in the private message?

BRIAN SHAW: Yes, it is.

MR. HOWARD: Mr. Evert, can we continue on to the next message, please?

March 31st, 2013 from redandwhite to Dread Pirate Roberts:

"I received the payment. I appreciate the offer if bitcoins lower in value. We know where he is. He'll be grabbed tonight. I'll update you."

April 1, 2013 from redandwhite to Dread Pirate Roberts:

"Your problem has been taken care of. They seized a bunch of stuff he had with him at the time as well. They said he had a couple laptops and a bunch of usb sticks. Is there anything of that, that belongs to you? They questioned him and he spilled everything he knew. He said that he and Xin were actually working together on this scheme to blackmail you and that they were brought in by a 3rd guy who has been selling on here for a couple years who is a scam artist. Apparently he makes selling accounts, sells for a while and then pulls a big scam and he just keeps creating new accounts after he does his scams. They got that guys name also , I will give that to you free of charge when I meet them to get the picture and computer hardware they got. Rest easy though, because he won't be blackmailing anyone again. Ever."

Can you put that on the top of the page, please?

And Mr. Evert on the bottom can you please put Government Exhibit 241 which has already been admitted into evidence which is the same file from the defendant's computer and go to April 1st, 2013?

4/1/2013: Got word that the blackmailer was executed.

We will continue on with the next message.

April 2, 2013: From Dread Pirate Roberts to redandwhite:

"Excellent work. Please send any info you can get on this third party along with the picture. The picture can be uploaded here: http://silkroadvb5piz3r.onion/silkroad/upload I have no need for any of his possessions, so you can do what you want with that stuff. Thank you again for your assistance, DPR"

From redandwhite to Dread Pirate Roberts:

"Okay my guys are here now and here is the information they extracted from FriendlyChemist before the deed. They were working with a guy - real name of Andrew Lawsry of Surrey. Apparently this is the guy that turned them on to frauding people on here. He said that he started selling on silkroad a couple of years ago and since then he has made a career of making new seller profiles to sell and then rip people off. He told them how to start on here and how to rip people off and asked for a percentage in return. He said that he showed them everything about how to sell and how to pull it off and all that stuff. He didn't remember all of the account names he uses or used but he said that tony76 and nipplesuckcanuck were two of his names and that he has other seller accounts for people he set up or is running himself. I also went and looked at all of the possessions they seized from him. The laptops were empty besides Tor and a couple other programs. The USB sticks he had were packed full of text files with thousands of addresses from all around the world. We destroyed everything we seized from him, but I kept a text file that was named "blackmail.txt" that had a ton of addresses in it like the other text files. Since you mentioned that he was trying to blackmail you with that information, I kept that text file in case you needed it. If you don't need it, let me know and I will destroy it. I also have the picture with me. A question before I send it to you. I am not extremely good with all this anonymity computer operations, but I know that pictures store GPS information and the likes that police can use in evidence. Is it safe to send it over here like that? We took care of him at one of our safehouses so that worries me a little. I trust your judgement, so I was wondering if there was a way to delete the GPS information from a picture before I send it over the internet. Another quick question regarding bitcoins. How do we withdraw them? I paid the hitters with my own money until I figure out how bitcoins work exactly. As I understand it, mtgox is the main exchange. Is it safe to make an account there to withdraw? Can they link it back to SilkRoad? They require verification which bothers me a little so I figured you would know the best way."

Mr. Evert, can you go back to the first part of that message and zoom in on the first paragraph here with Andrew Lawsry in Surrey?

Can we publish Government Exhibit 275 on the bottom which is the .txt file recovered from the computer and zoom in on bottom section starting here? Why don't you zoom in there. Rogue partner details: Xin Cho Tuay

Address: It was our shared apartment where we worked out of... he moved out when he robbed me.

Age: 31.

Surrey, British Columbia.

Girlfriend's name: Suzy Ngyuen.

redandwhite his suppliers.

tony76/nipplesuckcanuck personal info.

Andrew Lawsry of Surrey.

Mr. Evert, can we just continue with the conversation on the next page, please?

(Continued on next page)

MR. HOWARD: April 2, 2013 from Dread Pirate Roberts to redandwhite: "Yes, you can destroy the info. Thanks for taking a look first. Regarding image metadata you can strip all that out and it is a good practice. The upload page is secure, but I would still have access to that metadata. Of course, you can trust me but what if I was compromised. Do a search of 'remove image metadata' a decent one for windows can be found here. Regarding bitcoin withdrawal I would avoid Mt.Gox if at all possible, especially if you're withdrawing to a USA account. There are many other exchanges that don't have so much attention on them. You can find a list here."

And then provides a link.

"I am reluctant to give you a specific recommendation, but look for ones offshore on that list that will do an international wire transfer for a direct bitcoin payment.

"tony76 and nipplesuchcanuck were both blights on an otherwise great track record. What do you think about going after Andrew Lawsry? This guy has probably ripped off millions of dollars at this point from me and the rest of the Silk Road community."

April 4, 2013, from Dread Pirate Roberts to redandwhite: "Are you sure the name isn't Andrew Lawry? Or some other variant? I can't find a surname anywhere of Lawsry. And do you have any other info at all on this person."

April 5, 2013 from redandwhite to Dread Pirate Roberts: "I have sent the file. I had to make sure I did the information removal properly before I sent it so that it did not send GPS information with the picture in case it was intercepted somehow. Please delete the picture as soon as you take a look at it. As for the name, it's Andrew Lawsry, aka Tony76 aka nipplesuckcanuck aka some other names I do not know. From what I got from FriendlyChemist, he has other names on here as well or is working with other vendors on here like I mentioned before.

"As for your question about going after him, I would need to do some asking around to see what kind of information my guys can get on him. Would you like me to look into it."

From Dread Pirate Roberts to redandwhite: "Yes, please. If you can find him, I would like to know."

April 5, 2013 from redandwhite to Dread Pirate Roberts: Did you get the picture? Let me know so I can delete the rest of the one I have. Finding him would be possible. I can almost guarantee it, but I stop short of guaranteeing anything unless I am 100 percent certain I can get the job done. I do that so I don't look like an idiot. If I can't accomplish something I have said I can. We have a huge stake in the trafficking on this side of the country, so if he is grabbing product from anyone, we would be able to find out who and get to him. Would you want him dealt with if possible? I ask because I don't want to send people to hunt for him and then nothing come of it once they find him. Please don't forget to delete that picture."

From Dread Pirate Roberts to redandwhite: "I've received the picture and deleted it. Thank you again for your swift action. I would like to go after Andrew, though it is important to me to make sure he is who Blake said he is. I would rather miss the chance to take him out, than hit an innocent person. If he is our man then he likely has substantial assets to be recovered. Perhaps we can hold him and question him.

"I'd like to connect with you in real-time chat to discuss this with you further. I have a secure system set up that we can connect through. It requires downloading the chat client pidgin and the plugin off the record OTR and some basic configuration to connect. If you're open to the idea, I'll send you the instructions. This is how I communicate with my closest people. If not, we can keep it here, but it is much slower."

From redandwhite to Dread Pirate Roberts: It was my pleasure. I hate thieves almost as much as I hate informants. About holding and questioning someone. It adds to the risk somewhat the longer we have a target/transport a target. The safest way is to get in, do it, and get out as soon as possible. Are there any way to verify he is the intended target? Making him speak would not be a problem and of course, we would not have him done in if he was not right person we were looking for.

"Since you said you'd like to go after him, I will send two of my guys to do some recon right now and find out what I can about him and get back to you immediately. We can discuss price later once we know more. "As for the real time chat, send the information over and I will have my tech guy look at it. He handles all my security with phones and pgp blackberries so he would probably know better than me how to set everything up."

April 6, 2013 from Dread Pirate Roberts to redandwhite: "My gut tells me he's our man, but I would hate to be wrong. Your men were able to get info from Blake, maybe they can do the same with Andrew. He is likely sitting on many thousands of stolen bitcoin perhaps tens of thousands, so I would think we'd want to "work him over" to get those funds back. They could be on an encrypted drive only he can unlock. Taking him out would erase those coins forever. In the process of getting him to return the funds, I hope we could confirm that he is indeed the one Blake says he is. Here are the instructions for accessing the chat server from a windows computer. Download and install pidgin," and a link.

There are a number of instructions. The last instruction says "No. 13 add buddy 'dread.'"

Go to the next message: From redandwhite to Dread Pirate Roberts: "I got all the information correct, but when I try to connect it is stuck on 'connecting.' I have the correct port that Tor is listing on."

From redandwhite to Dread Pirate Roberts: "I have found out who Andrew is exactly and who he was picking up his supply from. I talked to his supplier and he said he mainly grabbed heroin, coke, MDMA and LSD. He said he always goes through phases where he grabs a ton of product and then stops for a couple of weeks and then starts again. Sounds consistent with what FriendlyChemist said about how they run the stealing from the buyers on here. He said last he heard from Andrew (a couple of days ago), he said he was planning on moving out of the province because things were too hot down here. That might be because he has found out Xin and FriendlyChemist and is now scared.

"I also had a chance to actually sit down and talk to my hitters about exactly what happened and how everything went down in detail. They said that FriendlyChemist was pleading with them and offering to give up Andrew, and that Andrew was a seller here by the name of tony and a bunch of other names (nipplesuckcanuck amongst others). He said that when he first turned them on to the idea of doing this big scheme that he would often talk about how he stole so much money, and that he once stole 15,000 online currency coins from one person on the site and how easy stealing money was on here. Does that ring a bell? Did he steal 15,000 bitcoins from a buyer here? That would be an easy way to find out if this Andrew person is the same person you think it is. Do you have his transaction history to see if he did actually steal 15,000 bitcoins from someone? I trust my hitters to do a good job and they are excellent at what they do. Which is take people out or interrogate/scare people, and they told me that they didn't think he was lying.

"The info I have on him right now, is that he works/lives with three other people and they all sell product together. They are planning on leaving the province soon (I don't know when). He is in contact with his supplier who actually through a line of middlemen gets his product from us a the end of the food chain.

"Do you want to deal with this Andrew guy, or do you want me to put the team on standby."

From Dread Pirate Roberts to Redandwhite: "I am confident enough that it is him to move forward. Can we round up all four of them, separate them, and get them to out each other and give up their stolen money? Recovering the funds is going to be tricky if you aren't in direct contact with your team, or if your team doesn't know how bitcoins work.

"If you have the other users names FC mentioned, that will help me piece together things on my end. Regarding Chat, there should be a certificate you have to accept when it connects. Does that show up."

From Redandwhite to Dread Pirate Roberts: "It won't even connect. It just is stuck on connecting nl copy and pasted all the information for the login and password, etc. So it should be Good. I also checked Tor to see what port to use. Won't connect for some reason. Do I have to fill in anymore of the details, local Alias or anything like that. "As for getting all four, it would be possible but they would have to get them all at once so that one does not get away. I would send four hitters instead of two to make sure there With were no fuck ups. I'm not sure when they are planning on leaving the province though. The guy that has been feeding me information on him says the guy is a degenerate gambler so I don't know how much funds he will have on hand. He says he owes a ton of people money too. My guess is that he is pulling these scams to fuel his gambling problem like a degenerate. It would make sense why he is also teaching other people how to scam as well when it has been so profitable for him to keep to himself. Probably because he owes them money and offers to show them how to do it, as a way of paying them back. I will have them take whatever they have on hand, but I don't want my hitters to be hanging around with them for too long since they are doing four people.

"Unfortunately, there are no bulk discounts for jobs like this. Usually the price goes up the more difficult it is. Since you are easy to work with, I would be able to offer you the same rate as last time x4. If that works for you, let me know. If it doesn't, please also let me know as soon as you can so I can call my guys off. They have been doing info gathering this whole time on Andrew and his crew."

From Dread Pirate Roberts to redandwhite: "OK, let's just hit Andrew and leave it at that. Try to recover the funds, but if not, then not. How much do you need for this? I'm not sure what the problem could be with chat. Please upload some screenshots of the settings you are using and the main pidgin window."

April 8, 2013 from Redandwhite to Dread Pirate Roberts: "If you want to hit Andrew only, I can have it done for 150 just like last time. We wouldn't be able to do it at their place though because there are always at least a few of them there from what I'm told since it is their home/office. So we wouldn't be able to recover any of his things. It's up to you what you want done, but we can't send hitters into their house/office if they are only doing one of them. Do you not need the people he is working with dealt with also? If they are all working with him, it means they are doing the same thing as him. It would also be easier for the hitters to get them in there so that they would have a chance of recovering anything if he has anything there. It would also be better because it wouldn't be a public hit. If we take just Andrew, there's nothing to say that the other three won't start up somewhere else with new selling IDs. It is of course up to you what you want done and how, since you are they client.

"I was pretty certain you would want them all taken care, so I had an associate send me a couple of his out of town hitters to accompany our local hitters. It's not a problem as I can just send them back and cover their travel expenses, but I obviously would like for them to not go back empty handed. My mistake for not confirming what you wanted before I had the extra hitters sent down, but it's not really a problem if you don't want the others dealt with. I had a hard time connecting to Silk Road for the last 24 hours or I would have asked before having them sent down. So if you would like to do the others as well, I would be able to have it done for 500k USD. If you do not want all of them, and just Andrew it would be 150k. I would prefer to do all four as it would be better than having to get Andrew somewhere else and have no chance of recovering any potential product/money he may have. Anything recovered would be split 50/50 with you. If you are certain that he has that much product/money I think it would make sense to do it at their home/officer. It's up to you though, just let me know what do do as soon as you can since I do not know when they are leaving the province and if they do leave the province the price would go up exponentially.

"If you would like Andrew done send 150k USD to the same address you sent the other funds to.

"If you would like all four of them done and product/money recovered from there send 500k USD to the same address you sent the other funds to." To the next page, please. Let's go down to this message. April 8, 2013, from Dread Pirate Roberts to Redandwhite: "I see your problem, you need port 9150, not 9151. 9151 is the control port, 9150 is the socks port. Hmmm, ok, I'll defer to your better judgment and hope we can recover some assets From them, 500k in btc 3000 at $166/btc has been sent to," and then there's a long string of characters, numbers and then transaction number and a long string of characters and numbers.

MR. HOWARD: Mr. Shaw, do you recognize what these numbers are?

MR. HOWARD: And what are they?

BRIAN SHAW: The number beginning with 1Mwv is a bitcoin address and the long string beginning with e7db is a block chain transaction number.

MR. HOWARD: So Mr. Evert, could you please publish this to the top of the screen, please. And please publish Government Exhibit 631, which has already been admitted into evidence on the bottom. And can you zoom in on the top part here.

MR. HOWARD: Mr. Shaw, do you recognize what this depicts?

BRIAN SHAW: Yes, I do.

MR. HOWARD: What does this depict?

BRIAN SHAW: This is a record from the block chain, the bitcoin block chain.

MR. HOWARD: Can you tell me what's reported here on this part of the block chain?

BRIAN SHAW: Yes. On the top left Beginning with the e7db52, that is the transaction number associated with this bitcoin transfer. And on the right side here, the string beginning with 1Mwv, that is the bitcoin address that the funds were transferred to. And in this transaction, there were 3,000 bitcoins transferred from these three bitcoin addresses on the date of April 8, 2013.

MR. HOWARD: Mr. Shaw, how does that information in the block chain compare to the information in the private message we just read?

BRIAN SHAW: It is a match.

MR. HOWARD: Can we continue with the chats, Mr. Evert -- Sorry. One more thing. Can we publish 241 from the defendant's computer. Can we go to page two, please. And zoom in on the entries from April 6, 2013 to April 8, 2013.

So April 6, 2013, the second line here says "Gave angels go ahead to find tony76."

April 8, 2013, "Sent payment to angels for hit on tony76 and his three associates."

Mr. Evert, can we please go back to the chat, please.

April 9, 2013 from Redandwhite to Dread Pirate Roberts: "I was finally able to connect but it seems you are offline. I will have them go take care of that thing asap. I will update you as soon as I hear more."

From Dread Pirate Roberts to Redandwhite: "Glad to hear you could connect. I am connected quite a bit so keep trying and I'm sure we'll cross paths."

April 11, 2013 from Redandwhite to Dread Pirate Roberts: "Hey there. Still haven't been able to catch you on pidgin. I added you as a buddy but you don't show up in my buddies list. When adding a buddy, I leave everything blank and just put the use name as dread, correct? Our hitters have been watching their house and we have a one week window to do it but I wanted to ask you a couple questions before giving them the green light.

"The price of bitcoin's trading at 61USD right now. How is this going to work, because you mentioned that you would take care of the price fluctuations. We haven't withdrawn any of the bitcoins.

"Can you also give me some insight on this price business? I have been rallying our people to get involved will selling on here, and they seem very interested but they are saying we would lose money because of the price going up and down so much and not being able to withdrawal fast enough to not lose money."

April 12, 2013 from Dread Pirate Roberts to Redandwhite: "Check out this link."

And there's a dot-onion address provided ending in "Seller'S Guide."

"Pay special attention to the Part about escrow hedging. I don't think this place would be possible without it, at least not in the form it's in now.

"Regarding the 3k coins I sent, get the best price you can for them and let me know if you are short and I will send more to cover it.

"Regarding Chat I made a mistake, you should add me as dread@pi5mmjtronhutyxv.onion. I'm going to connect us manually so that may not be necessary."

April 15, 2013 from Redandwhite to Dread Pirate Roberts: "The problem was dealt with. I'll try to catch you online to give you details. Just wanted to let you know right away so you have one less thing to worry about."

From Dread Pirate Roberts to Redandwhite: "Thanks, See you on chat."

From redandwhite to Dread Pirate Roberts: "3:30 PST tried to catch you online but no luck. Want to link up at the same time tomorrow."

And Then Dread Pirate Roberts Responds: "Sure, I'll make sure I am online at 3:30 p.m. PST."

April 18, 2013 from Dread Pirate Roberts to redandwhite: "It's nearly 4:00 P.M. PST. I need to run some errands. I will probably be back on later though."

April 21, 2013 from Redandwhite to Dread Pirate Roberts: "Sorry I wasn't able to make it on. I've had some problems I've been dealing with, I came online today to see if I could catch you but no luck. I will wait online until 6:00 p.m. PST. I've give you a brief rundown here just to let you know what happened. My crew did their job. As far as money/product/bitcoins/seller accounts. Money: They had $15,000 Canadian dollars on site. Product: They had a quarter kilo of cocaine and two ounces of heroin. Bitcoins: They have been giving a third party bitcoins who cashes out for them. The guy has roughly 350 bitcoins of theirs currently owing to them. The exchange guy is not in on the scam and is just some exchanger who sends them funds via Western Union and they have been using him from the start apparently. I don't know what to do about that. Seller accounts: They were in the process of setting up another account to sell heroin and cocaine. They said a few of their friends know about this, so be on the lookout if anyone from Canada starts to sell heroin and cocaine. "I also took a big loss. After you sent me the extra coins to cover the price going down when it was at 90, it started to crash again. It was at 65 and people were talking about how it's going to go down even more, so I made a deal with an exchanger to take them all at 50 and sell them for me in case it went down even lower. Of course, after I made that deal it has now started to rebound again but I'm out 250k. I'm not telling you this because I think you should cover it. In fact I don't want you to cover it. You already did more than you needed to do when you covered the price crashing the first time. I am just letting you know because this will cause a delay in us starting here because I was planning on covering the mens wages of 1,000 a day of street money to start selling on here until it gets busy enough for them to be paid via a percentage of what they sell here. It was my mistake for not arranging someone to take the entire bitcoin amount as soon as I had received it, instead of letting it sit and have the price crash.

"Hope to catch you online soon, as I have started on that reading material and I love what I am reading so far.

"Talk soon."

Dread Pirate Roberts Responds: "Okay. I'll look for you as well, but probably won't be online for the whole day again until Tuesday."

June 1, 2013 from redandwhite to Dread Pirate Roberts titled update: "I have some news regarding our organization selling on here. A bunch of chapter leaders flew into town for a meeting and the main topic of discussion was actually silk road. Would you be able to meet on pidgin at 3:00 p.m. PST on Sunday to discuss? There was quite a bit of stuff covered on the topic."

Mr. Evert, can you please publish 227D as a dog, it's a chat log that we have not yet read in. This is from page 332 to 333 of a 337 page chat log.

April 3, 2013: "myself: I get blackmailed by a guy saying he's in deep shit with hell's angels

Myself: he says he was fronted $700k in LSD from them

Myself: he gave it to lucydrop to sell on sr

Myself: he said lucy took off with the product

Myself: i said, have the hells angels contact me so i can work something out

Cimon: ha!

Myself: very foolishly he did

Myself: they said they caught up with lucy, got the product back and killed him

Myself: I didn't hear from the blackmailer agian so i thought the case was closed

Cimon: wait-- I'm missing something here

Myself: go ahead

Cimon: how was he blackmailing?

Myself: oh yea

Myself: he had thousands of addresses from customers and vendors

Myself: he said he installed a keylogger on lucys comp

Myself: he was threatening to release all of the user addresses

Myself: make sense

Myself: ?

Cimon: yeppers.

Cimon: now it does

Myself: ok, so this last friday he says I have 72 hours to send him half a mil or he's releasing the info

Myself: by this time I've sold the hell's angels on becoming vendors themselves

Myself: so I ask them if they are still after the guy

Myself: they say no, debt was paid when they caught up to lucydrop, so I pay them to hunt down the blackmailer.

Myself: he's gone on the run by this time fyi

Myself: they catch up to him within a day and he sings

Cimon: well, I bet ya he won't use the HA as a reference again any time soon

Myself: says he was in cahoots with lucy all along and ripping the angels off and black mailing me was part of the plan

Myself: he also said a 3rd party, our man tony76 orchestrated the whole thing

Myself: gave up his id

Cimon: ahhh, and that's how you got tony, fucking excellent

Myself: he's a brit

Cimon: how very convenient, where's he located

Cimon: more or less, of course

Myself: lemme look it up. I have the town

Myself: gotta look up the message on SR

Myself: helluva story eh?

Cimon: Man, I still can't believe tony fell into yer lap. Wonder if DA is hanging around the edge of that mix.

Myself: somehow I doubt it

Myself: have you tried connecting on pidgin?

Cimon: So how does tony 'train' other folks to rip you off?

Cimon: installing it on my other laptop

Myself: not sure, prolly just shows them how to use SR in general, how to get good feedback, and then how to maximize the rip off at the end

Myself: the guy is from Surrey apparently

Cimon: I thoujght he was cali-based, or am I completely confused

Myself: why did you think that?

Cimon: I thought that was the conclusion when he did the rip off

Myself: I don't remember that

Cimon: yeah, I must be mis-remembering that Myself: nipplesuckcanuck sounds canada based

Myself: vancouver

Cimon: How old is the info on tony, and does he know or suspect you have his info?

Myself: it is less than 2 days old, and the only thing he should know is that his two guys aren't getting back to him

Cimon: ok, installed pidgin here, adding the xmpp server account...

Cimon: Gotta mess about here with proxy tor will likely drop off for a few minutes while I configure it

Myself: ok."

MR. HOWARD: Your Honor, at this time I'd Like to read a stipulation into the record, Government Exhibit 805.

THE COURT: All Right.

MR. HOWARD: It Is hereby stipulated and agreed by and between the United States of America by Preet Bharara, the United States Attorney for the Southern District of New York, Serrin Turner and Timothy Howard, Assistant United States Attorneys of counsel and Ross Ulbricht, by and through his counsel Joshua Dratel, Esq. as follows:

(1) Canadian Law Enforcement Authorities have no record of any Canadian residents named Blake Krokoff or Andrew Lawsry or any name associated with "FriendlyChemist."

(2) Canadian Law Enforcement Authorities do not have any record of any homicide occurring in the area of white rock, British Columbia on or about March 31, 2013 or any record of any homicides occurring in the area of Surrey, British Columbia on or about April 15, 2013 or any other evidence that anyone was physically harmed as a result of the plans discussed by "Dread Pirate Roberts" and "redandwhite."

We further stipulate and agree that the above-referenced exhibits and this stipulation, Government Exhibit 805, are admissible as Government exhibits at trial, except that the Defendant reserves the right to object to these exhibits under Federal Rules of Evidence.

MR. DRATEL: So stipulated, your Honor.

THE COURT: Received. Government Exhibit 805 is received.

(Government's Exhibit 805 received in evidence)

MR. HOWARD: Now, Mr. Shaw, did you discover any transactional data in the databases that you reviewed?

BRIAN SHAW: Yes, I did.

MR. HOWARD: Could you please flip in your binder to what's been marked for identification purposes as Government Exhibit 920B as in boy.

MR. HOWARD: Do you recognize what this is?

BRIAN SHAW: Yes, I do.

MR. HOWARD: And what is that?

BRIAN SHAW: It's a technical description of the transactions table from the Silk Road Marketplace.

MR. HOWARD: Did you take this screenshot?

BRIAN SHAW: Yes, I did.

MR. HOWARD: The Government offers Government Exhibit 920B.

MR. DRATEL: Objection as to hearsay and Vayner, your Honor.

THE COURT: The Objections are overruled. Government Exhibit 920B is received.

(Government's Exhibit 920B received in evidence)

MR. HOWARD: Could we zoom in on the first column here.

MR. HOWARD: Mr. Shaw, what is depicted in this column. Can you describe it.

BRIAN SHAW: Sure. These are the fields that are present in the table transactions, this means that each record stored inside of that table will have information for each of these fields, though they could be blank or null. Some of the information that the fields here includes information as to who the buyer account was, that was part of the transaction, as well as the seller account that was a party to this transaction, as well as payment information and commission information all stored in the database.

MR. HOWARD: So each record is a separate transaction in the database?

BRIAN SHAW: That is correct.

MR. HOWARD: Does each record of each transaction include information about the product that was sold?

BRIAN SHAW: Yes, it does. There is information about the item ID which ties to the items table in the database.

MR. HOWARD: Now, you pointed out the payment and commission fields.

MR. HOWARD: And that information is stored for each transaction?

BRIAN SHAW: That is correct.

MR. HOWARD: Is that in bitcoins or dollars?

BRIAN SHAW: The fields that are highlighted there, 8 and 9, were in bitcoins.

MR. HOWARD: And is there any information stored in each transaction record about the equivalent U.S. dollars for each transaction?

BRIAN SHAW: Yes. There were multiple fields containing information about U.S. dollars.

MR. HOWARD: Is each record in the database uniquely identified?

BRIAN SHAW: Yes, it is.

MR. HOWARD: And how so?

BRIAN SHAW: The first field is the index field, which is the auto-incrementing field.

MR. HOWARD: What do you mean by auto-incremented?

BRIAN SHAW: That means it starts with one and then the next one would be two and then three and then four.

MR. HOWARD: So the first transaction put in the database gets a number one?

BRIAN SHAW: Correct.

MR. HOWARD: And they sequentially add up as they go forward?

BRIAN SHAW: Correct.

MR. HOWARD: May I approach the witness.

THE COURT: You may.

MR. HOWARD: I just handed you what's been marked for identification purposes as Government Exhibit 961. Do you recognize what this is?

BRIAN SHAW: Yes, I do.

MR. HOWARD: What is this?

BRIAN SHAW: This is a video compiled showing some sample transaction information.

MR. HOWARD: Would this aid your testimony today?

BRIAN SHAW: Yes, it would.

MR. HOWARD: The government offers 961 for demonstrative purposes.

MR. DRATEL: No objection for demonstrative purposes.

THE COURT: Received for demonstrative purposes.

(Government's Exhibit 961 received in evidence)

MR. HOWARD: May I approach.

THE COURT: You may.

MR. HOWARD: How did you recognize this exhibit by the way?

BRIAN SHAW: It has my initials on it.

Hold it right here -- it's not to be big screen, sorry.

What we're looking at right here is information extracted from the transactions table. And I've already resolved information such as the buyer ID and the seller ID from the appropriate table as well as resolving the item description -- title and description, and the category that that item fell into was categorized as well as the stored value of the U.S. dollars of the transaction.

Could you hit play, please. Could you hit pause, please.

For example, down here in row 15, we see a buyer with the name. That doesn't line up with my screen. Sorry. Okay. There we go. The buyer name sluggo318 sold product to aceedee1080, the product was categorized in the "cocaine" category and that was selected by the person who was who set up the product for sale. So the seller selected the category of that item and chose to put that item under the "cocaine" category.

MR. HOWARD: Mr. Shaw, to be clear, is this all of the information for each transaction or is there more information?

BRIAN SHAW: There's more information.

MR. HOWARD: This is only what's captured on the screen?

BRIAN SHAW: This is just a summary of the information; correct. The description of that item was 1 gram of pure uncut cocaine, and the transaction amount stored in the database in U.S. dollars was $156.50.

Could you hit play, please and pause, please.

What we're looking at here is a screenshot of information that was in the categories table of the Silk Road Marketplace database. One example of what we're looking at here, if you look at row four, it's kind of hard to see, but it has an ID of seven. And each item, as you can tell, has a unique number in this first column and associated with that is a name of that category.

Now, there's also information about the parent ID, so there was a concept of grouping, so you could say, you know, I am selling in this case an item, LSD, and it is in group -- it is group seven, but it is also -- has a parent ID of 41, which when you look further down on the table at group 41 is the category of psychedelics. So the idea was, you could nest different categories so you could have a parent category or you could have a child category, so that's what's represented here.

MR. HOWARD: So it's organizing different products into categories?

BRIAN SHAW: Exactly.

Hit play, please and pause, please.

And you'll notice a category of 70 below the items that we were looking at in the first page fell under the item of category parent ID 78, which in this case is drugs.

MR. HOWARD: What do you mean by "parent category"?

BRIAN SHAW: That meant that the parent ID was drugs; however, the subcategory could have been, you know, psychedelics.

If you can hit play, please.

Because all of this data is stored in a database, you're able to quickly and easily ask it questions. What I have shown here -- hit pause, please -- was a selection of transactions that all fell under the "heroin" category. You can read some of these.

For example on line nine there, there was a transaction from the buyer Philbetter333 and the seller Marlostanfield for, again, all of the items we're looking at fell under the category of "heroin," and the U.S. dollar amount stored in the database was $183.01 and the item title was number four heroin for $150.

Could you hit play, please.

MR. HOWARD: So Mr. Shaw, the items in the database, were they organized by categories and subcategories?

BRIAN SHAW: Yes, they were.

MR. HOWARD: And you just showed an example of how you were able to query or ask a question of the database to pull up a sample of heroin transactions, correct?

MR. HOWARD: Could you pull up a sample of any category you'd like?

MR. HOWARD: Could you ask the database questions to extract only certain users, what their transactions are?

MR. HOWARD: So now earlier you testified that you located multiple copies of the databases, correct?

BRIAN SHAW: That's correct.

MR. HOWARD: Where were they located?

BRIAN SHAW: They were located on both of the server images that I received copies of.

MR. HOWARD: Now, Mr. Shaw, you testified a second ago that one of the fields -- one of the pieces of information that each transaction record contains is commission, correct?

BRIAN SHAW: That is correct.

MR. HOWARD: Now based on your review of the transaction data, approximately when did transaction data start to include information about commissions?

BRIAN SHAW: The first recorded commission that I saw in the database was in the middle of 2011. I believe it was May.

MR. HOWARD: Could you please flip in your binder to what's been marked for identification purposes as Government Exhibit 950. Do you recognize what this is?

BRIAN SHAW: Yes, I do.

MR. HOWARD: And what is that?

BRIAN SHAW: These are some of the first transactions that had a recorded commission.

MR. HOWARD: Did you take this screenshot?

BRIAN SHAW: Yes, I did.

MR. HOWARD: The government offers Government Exhibit 950.

MR. DRATEL: Objection as to hearsay and Vayner, your Honor.

THE COURT: All right. Those objections are overruled. Government Exhibit 950 is received.

(Government's Exhibit 950 received in evidence)

MR. HOWARD: Mr. Shaw, could you please describe what is depicted here.

BRIAN SHAW: Sure. These are some of the transactions that occurred. Again, these all had recorded commissions and these were some of the earliest ones with recorded commissions.

For example, the one that is highlighted in orange there was a transaction for -- recorded as 14 grams of MDMA; the sales price was $337.06 in U.S. dollars recorded in the database; and as recorded in the database, the commission in U.S. dollars was $16.74.

MR. HOWARD: Mr. Evert, would you please publish Government Exhibit 226A, which is a chat log recovered from the defendant's computer that we have not yet read in.

This is from pages 41 to 42 of a 1,096 page chat log.

December 7, 2011: "Vj: OK - can't go without asking - whats the weekly gross sales

Vj: save me scraping all the feedback pages and doin the math

Myself: wanna take a guess?

Vj: nope - but 450 trans a day...

Vj: average say $55?

Vj: comes to 25 grand a week, and seems low to me

Vj: but that's the current guesses on the board

Myself: yea, 450 a day is high because saturday is like 350 and sunday is like 250

Myself: but the avg is more like $75

Vj: Don't forget that xmas - end of jan is gonna slow down, but growth might keep it from slowing too bad

Vj: but lots of folks are gonna be broke come xmas morning

Myself: I track the monthly sales volume and it's around $500k right now

Myself: so, $125k/wk or so

Vj: not bad for a guy that started selling shrooms, eh

Myself: haha

Myself: yep, pretty happy

Vj: so, why'd you stop vending, ha

Myself: too risky. I figured I'd be a target

Myself: and it was really time consuming. I grew my own."

Pages 522 to 523 of the 1,096 page chat log, March 11, 2012: "Vj: [. . .] Sometime, we have to have a discussion about what to do in the event of arrest or incarceration, thought about that a fair bit during the last two weeks.

Vj: For instance, if you were arrested

Vj: a decision would have to be made at what point in time do I come get you out

Vj: and I would come and get you out

Vj: Myself, that time would be a lot longer - scary, but jail doesn't scare me a whit anymore. I treat it like being in a 3rd world country with poor communications infrastructure

Myself: I've been thinking a bit about that as well. like I could put instructions for transferring control in an encrypted file and give it to a family member. then I can give them the password if I get put in jail.

Vj: and remember that one day when your in the exercise yard, I'll be the dude in the helicopter coming in low and fast, I promise.

Myself: ok

Vj: seriously, with the amount of $ we're generating, I could hire a small country to come get you."

On page 549 of the 1,096 page chat log March 14, 2012: "Vj: One of the things i'd like us to look at investing in is a helicopter tour company.

Vj: Cause you never know when one of us is gonna need a helicopter!

Vj: Be pretty handy to have it leased already.

Myself: I made a declaration about 8 years ago that I'd be a billionaire by my birthday in 2014. If you cound the discounted future revenues of the enterprise, it could happen.

Vj: When yer keeping your eye on the ball, that's the big one.

Myself: yep, all that money won't be worth much if we're behind bars."

March 22, 2012: "Vj: how much was the total for the last sale.

Vj: ?

Myself: $321,802.06 from 4197 orders

Vj: how many vendors do we have now?

Vj: and what are weekly sales?

Vj: hould do well over double weekly sales for the sale, I'd think, quite easily moe.

Myself: weekly peaked out at ner $600k, but have fallen this past week to $475k or so

Vj: So we'll easily break a mil for the sale - not bad for a bit over a year old, eh.

Myself: # vendors is about 200 decent sized and active vendors, and about 150 more small or new ones."

Mr. Evert, can you please publish 227C, another chat log that was recovered from the defendant's computer that has not yet been read.

From pages 44 to 47 of a 337-page chat log: "Myself: The site is still growing on its own. Not quite exponential, but more than linear.

Cimon: What are weekly's now?

Myself: Up to 1.3M.

Myself: Try handling the entire escrow and account balances of Silk Road sometime." Emoticon.

Page 73, October 8, 2012: "Myself: We have over 700 unique sellers each week. It's getting competitive on the supply side.

Myself: Volume go up to 1.4M about a week ago.

Cimon: Mebbe it's time for sale, no trips this time, eh"

January 29, 2013, "myself: We crossed a cool milestone today.

Cimon: <pants>

Cimon. What what what.

Myself: 10k unique customers in the last week."

MR. HOWARD: Now, Mr. Shaw, were you able to run queries from the database, ask questions to get total transaction amounts for all the goods and services that were sold on the Silk Road website?

BRIAN SHAW: Yes, I was.

MR. HOWARD: Could you please flip in your binder to what's been marked for identification purposes as Government Exhibit 940.

MR. HOWARD: Do you recognize what this is?

BRIAN SHAW: Yes. This is a summary of transactions by category.

MR. HOWARD: And were you involved in the preparation of this exhibit?

BRIAN SHAW: Yes, I was.

MR. HOWARD: Does this chart accurately reflect the summary of the transactions that were in the Silk Road Market databases?

BRIAN SHAW: Yes, it does.

MR. HOWARD: The government offers Government Exhibit 940.

THE COURT: That objection is overruled. Government Exhibit 940 is received.

(Government's Exhibit 940 received in evidence)

THE COURT: Mr. Howard, we're going to end at 1:00 for lunch. Are you able to complete this by then, this document?

MR. HOWARD: Yes, by this document, for sure.

THE COURT: Thank you.

MR. HOWARD: Can we zoom in on the top, please. And give the header as well, Mr. Evert.

MR. HOWARD: Can you please, Mr. Shaw, describe what is in this chart and how it works.

BRIAN SHAW: Yes. So I'm taking the information from the transactions table and tieing it to the items and then the categories of those items. We were able to add up the totals for each category. So each item was assigned to one category and one category only. So what we're looking at, for example, the second row here of "drugs," those are items that -- were assigned to the category of drugs, not to any of the subcategories. And this first -- all of these groupings up here are kind of parent categories, top-level categories. They don't have any parent IDs. So again, everything that we're looking at for this row was assigned solely to the category of drugs and none of it the subcategories.

What you can see on the chart here, the total transactions that occurred for an item assigned the category of drugs there were 25,976 transactions for payment in bitcoins recorded in the database as 253,182.08 bitcoins. In the database, the payment amount in U.S. dollars that was recorded was $9,755,333 U.S. dollars. In the database the "total commission for drugs" category recorded in bitcoins was 11,116.70. The recorded commission in the database in U.S. dollars was $392,000,108.

MR. HOWARD: To be clear, this wasn't the transaction data for all drugs on the site, correct?

BRIAN SHAW: That is correct.

MR. HOWARD: So what would you need to do in order to find the total number amount of drugs sold, all kinds of drugs?

BRIAN SHAW: You would add up this category along with any subcategories that were associated with this group.

MR. HOWARD: To be clear, this line item reflects products that were marked as drugs but not marked with any subcategory?

BRIAN SHAW: That is correct.

MR. HOWARD: Could we zoom out, Mr. Evert, and please go to page two of this exhibit. Could we zoom in on these two sections here.

MR. HOWARD: So Mr. Shaw, could you explain what's depicted here.

BRIAN SHAW: Sure. So the second column here is the parent category. What you see down here in this grouping down here for brown, white and black tar. They all have a parent category of 49 heroin. And on this line we have "category 49 heroin." So in order to understand this chart, everything on this row is something that was tagged as just generic heroin. It didn't have any subcategory. It was just associated with the grouping of the category of heroin; whereas, everything on this row was categorized as brown, which was a subcategory of heroin. And then everything on this row is categorized as white, which is also a subcategory of heroin. And then this row was black tar heroin.

So in order to get the total for all heroin transactions, you would actually have to add up all four of these rows, the heroin group, the brown group, the white group and the black tar group.

MR. HOWARD: Zoom out, Mr. Evert.

MR. HOWARD: Mr. Shaw, what time period of transactions, what time period does this data cover?

BRIAN SHAW: According to the timestamps in the database, it covered February 6, 2011 through October 2, 2013, so the entirety of what was in the database.

MR. HOWARD: That's the full date -- range of transactions that are in there, correct?

MR. HOWARD: Can we flip to the last page of this, Mr. Evert.

MR. HOWARD: Zoom in at the bottom -- to be clear, where we see category names and parent names, those are defined in the database itself, correct?

BRIAN SHAW: That is correct.

MR. HOWARD: There's this last line here that says "null" here. The category name is null and parent name is null?

MR. HOWARD: What does that mean?

BRIAN SHAW: If the database joins between the tables didn't work, so we weren't able to determine the category of the item in that transaction, we assigned it to this group "null."

MR. HOWARD: In other words, are those transactions that were reflected in the database but no category -- you could not determine the category that it was assigned to?

BRIAN SHAW: That is correct.

MR. HOWARD: And there are approximately, it looks like, $22 million worth of those transactions?

BRIAN SHAW: That is correct.

MR. HOWARD: Could you please describe what is depicted on the last line here?

BRIAN SHAW: The last line is the total calculations for all transactions in the database. You see we have 1,530,252 total transactions for a recorded value in bitcoins of 9,912,070.05 bitcoins, for a total U.S. dollar amount recorded in the database of $213,888,103 U.S. dollars. The commission value in bitcoins here is 642,455.36 bitcoins, and the recorded value in U.S. dollars for the commission was 13,174,896 U.S. dollars.

MR. HOWARD: Now, Mr. Shaw, in terms of the U.S. dollar equivalencies, is that reflecting the total U.S. value at any one given point in time?

BRIAN SHAW: That was what was recorded in the database at the time of the transaction.

MR. HOWARD: So as each transaction occurred, the equivalent U.S. dollars was recorded in the database?

BRIAN SHAW: That's correct.

MR. HOWARD: And this number down here is the sum of all those conversions?

BRIAN SHAW: That's correct.

MR. HOWARD: We can stop here if you'd like, your Honor.

THE COURT: Ladies and gentlemen, we'll take our lunch break and were we able to bring in lunch. We were able to bring in lunch for you folks, so you don't have to deal with the weather again. We'll see you at 2:00 and remind you not to talk to each other or anyone else about the case. Thank you. Sir, you can step down and be back at 2:00.

(Continued on next page)

(In open court; jury not present)

THE COURT: Is there anything we should raise before we break for lunch?

MR. TURNER: No, your Honor.

MR. DRATEL: I don't think so.

THE COURT: Let's take a break and then we'll come back at 2:00. Now, I do have one criminal matter in this room at 1:00, and so, I am going to need first the first two spots at counsel table. Thank you.

(Luncheon recess)

(Continued on next page)

AFTERNOON SESSION 2:05 p.m.

(In open court; jury present)

THE COURT: Thank you, ladies and gentlemen. Let's all be seated.

Mr. Howard, you may proceed.

MR. HOWARD: Thank you, your Honor.

Mr. Evert, can we publish Government Exhibit 940 and go to page seven, please. Zoom in on the bottom again.

BRIAN SHAW, resumed.

DIRECT EXAMINATION CONTINUED BY MR. HOWARD:

MR. HOWARD: Mr. Shaw, this is where we left off before the lunch break, correct?

MR. HOWARD: And this chart depicts over two -- sorry -- $213 million in sales that were reflected in the transaction data on Silk Road, right?

BRIAN SHAW: That's correct.

MR. HOWARD: Did you perform any analysis of what portion of those sales came from the sale of illegal drugs?

BRIAN SHAW: Yes, I did.

MR. HOWARD: Would you please flip to what's been marked in your binder as Government Exhibit 940A, please.

MR. HOWARD: And what is this?

BRIAN SHAW: It's a breakdown of total categorized Silk Road sales.

MR. HOWARD: Did you participate in the creation of this exhibit?

BRIAN SHAW: Yes, I did.

MR. HOWARD: Does this exhibit fairly and accurately summarize transaction data from the Silk Road databases?

BRIAN SHAW: Yes, it does.

MR. HOWARD: The government offers Government Exhibit 940A.

MR. DRATEL: Objection with respect to foundation and in terms of hearsay, your Honor, and Vayner.

THE COURT: Why don't you lay more of a foundation for what's categorized under what you've described as drugs.

MR. HOWARD: Mr. Shaw, what listings from the Silk Road database did you group under the drug category?

BRIAN SHAW: I grouped under the drug category using the categories from the database anything that fell under the drugs parent groupings, so anything from there and below, and in addition pharmaceuticals.

MR. HOWARD: So in other words, you looked at the transactional data for everything for drugs and all the subcategories for drugs, correct?

MR. HOWARD: And this chart also shows nondrug sales. What are those?

BRIAN SHAW: That would be everything else that had an associated category, so anything -- any category that wasn't under the drugs category or pharmaceuticals.

MR. HOWARD: When we were looking at this chart, there was a category called "null," which I believe you testified included transactions which you were not able to categorize based on the information in the database, correct?

MR. HOWARD: Are those sales factored into this analysis?

BRIAN SHAW: No, they are not.

MR. HOWARD: So this is an analysis of only transactional data for which the database reflected a certain category for the item?

MR. HOWARD: The government offers Government Exhibit 940A.

THE COURT: Let me ask about the pharmaceuticals.

Do the pharmaceuticals include any equipment or other nondrug items?

BRIAN SHAW: I believe there are separate categories for equipment but off the top of my head, I'm not sure. I could look at some of the categories.

THE COURT: Do you have information there that would tell?

BRIAN SHAW: Going back to the previous chart.

THE COURT: All right. What I'm trying to determine is when you used the word "drugs," are we talking about things which are narcotics of some form, whether they be in the pharmaceutical form or in a nonpharmaceutical form, or does it also include things like surgical gloves or something of that nature that might be considered a pharmaceutical?

BRIAN SHAW: So there was a category described as pharmaceuticals and its parent category was electronics and other subcategories under electronics was medical supplies and medical equipment, those were not included in this factor. So it was only items that were listed as pharmaceuticals in the category pharmaceuticals.

THE COURT: Thank you.

Government Exhibit 940A is received.

(Government's Exhibit 940A received in evidence)

MR. HOWARD: Mr. Shaw, can you please describe what is depicted here in this chart.

BRIAN SHAW: Sure. What we're seeing here is the sum of all of the categories that were categorized under either drugs or that category pharmaceuticals are depicted in blue. Any other transactions that were categorized are depicted in red, which takes up four percent of the chart.

MR. HOWARD: So the drugs -- the total drug sales based on this analysis was approximately $182 million, correct?

BRIAN SHAW: That is correct.

MR. HOWARD: And how about the other sales, the nondrug sales?

BRIAN SHAW: That amounted to about $8.5 million.

MR. HOWARD: Can you please flip in your binder to what's been marked for identification purposes as Government Exhibit 940B.

MR. HOWARD: Do you recognize what this is?

BRIAN SHAW: Yes, I do.

MR. HOWARD: And, what this?

BRIAN SHAW: It's a summary of sales transaction for fake IDs, forgeries and passports.

MR. HOWARD: And where did you get this information from for the sale of these three kinds of products?

BRIAN SHAW: From the database on the Marketplace.

MR. HOWARD: And how did you identify which categories would fit in here?

BRIAN SHAW: This is based on information in the database on the assigned category for those items.

MR. HOWARD: Did you participate in the creation of this exhibit?

BRIAN SHAW: Yes, I did.

MR. HOWARD: Does this exhibit fairly and accurately summarize the data from the Silk Road databases?

BRIAN SHAW: Yes, it does.

MR. HOWARD: The government offers Government Exhibit 940B as in boy.

MR. DRATEL: Same objection as to foundation, hearsay and Vayner.

THE COURT: Those objections are overruled and Government Exhibit 940B is received.

(Government's Exhibit 940B received in evidence)

MR. HOWARD: Mr. Shaw, can you please describe what is depicted in this chart.

BRIAN SHAW: Sure. There were three categories that were all related. There was the fake IDs category, it had a total number of sales of 3,642, a recorded sales revenue in U.S. dollars was $699,053. The category of forgeries, there were 3,487 total transactions for a sales revenue of 192,291 -- sorry $197,291. In the passports category, there were 103 sales for a total of 105,292 U.S. dollars. The total for all three of these categories was 7,232 transactions for a total of over a million dollars.

MR. HOWARD: Now, Mr. Shaw, could you please flip in your binder to what's been marked for identification purposes as Government Exhibit 940C.

MR. HOWARD: Do you recognize what this is?

BRIAN SHAW: Yes, I do.

MR. HOWARD: And what is this?

BRIAN SHAW: It's a summary of information on transactions for money-related categories.

MR. HOWARD: And how did you select which categories would be included in this chart?

BRIAN SHAW: These all came from categories that were assigned in the database.

MR. HOWARD: And did you participate in the creation of this exhibit?

BRIAN SHAW: Yes, I did.

MR. HOWARD: Does this exhibit fairly and accurately reflect transaction data from the Silk Road databases?

BRIAN SHAW: Yes, it does.

MR. HOWARD: The government offers Government Exhibit 940C.

MR. DRATEL: Same objection.

THE COURT: The objections are overruled.

Government Exhibit 940C is received.

(Government's Exhibit 940C received in evidence)

MR. HOWARD: So Mr. Shaw, can you please describe what is depicted in this chart.

BRIAN SHAW: Sure. It's a breakdown of the different money-related categories. The first row for items categorized as money. There were 14,345 total sales for a recorded revenue of 2,846,025 U.S. dollars. And you can see similar numbers for digital currencies, gold, bullion and silver. The total for all these categories was 32,820 transactions for a total sales revenue recorded in the database of 3,273,833 U.S. dollars.

MR. HOWARD: Now, Mr. Shaw, can you please flip in your binder to what's been marked for identification purposes as Government Exhibit 940E.

MR. HOWARD: Do you recognize what this is?

BRIAN SHAW: Yes, I do.

MR. HOWARD: What is this?

BRIAN SHAW: It's a summary of information for selected drug categories.

MR. HOWARD: And which drug categories are those?

BRIAN SHAW: Heroin, cocaine, methamphetamine and LSD.

MR. HOWARD: Where did you draw the data that is included in this chart from?

BRIAN SHAW: This is the database from the Silk Road Marketplace.

MR. HOWARD: Did you participate in the creation of this exhibit?

BRIAN SHAW: Yes, I did.

MR. HOWARD: Does the exhibit fairly and accurately summarize data from the Silk Road Marketplace databases?

BRIAN SHAW: Yes, it does.

MR. HOWARD: The government offers Government Exhibit 940E.

THE COURT: My 940E is empty. I do have a 940H which is, I take it, similar but not the same.

MR. HOWARD: That is correct. Let me see if we have an extra copy.

THE COURT: I can look for a moment on with the witness. Hold on. All right. 940E is different from 940H.

Mr. Dratel.

MR. DRATEL: The same objection, your Honor.

THE COURT: 940E is received over objection.

(Government's Exhibit 940E received in evidence)

MR. HOWARD: Mr. Shaw, can you please describe what is depicted in this chart?

BRIAN SHAW: Sure. This is a total number of sales that fell under the heroin category and its subcategories -- well, for heroin, cocaine, methamphetamine and LSD. Recorded in the database were over 53,000 transactions for heroin products for a total sales revenue of over $8.9 million.

In the cocaine categories there were 82,582 total transactions for a total sales revenue of $17,386,917.

In the category of meth, there were 34,689 transactions for a total sales revenue recorded at 8,110,453 U.S. dollars.

In the category of LSD, there were 54,567 transactions for a recorded value in U.S. dollars of 7,073,838 U.S. dollars.

MR. HOWARD: Now, Mr. Shaw, could you please flip to what's been marked in your binder for identification purposes as Government Exhibit 940H.

MR. HOWARD: Do you recognize what that is?

BRIAN SHAW: Yes, I do.

MR. HOWARD: What is this?

BRIAN SHAW: It's a calculation of total drugs sold at average transaction prices.

MR. HOWARD: And how did you determine the average transaction price?

BRIAN SHAW: I selected 100 items at random and read through the description of those items to determine the weight for those items. And from there, I was able to calculate the price per weight for those items if there was a description of the weight. Taking the items that had a good weight description and then averaging the price per weight together, I was able to come up with an average price per weight.

MR. HOWARD: And these 100 transactions were taken at random from the Silk Road database?

BRIAN SHAW: That's correct.

MR. HOWARD: Are these for the same four drugs that we reviewed on the prior chart?

MR. HOWARD: Did you participate in the creation of this exhibit?

BRIAN SHAW: Yes, I did.

MR. HOWARD: Does this exhibit fairly and accurately reflect or summarize data from the Silk Road Marketplace databases?

BRIAN SHAW: Yes, it does.

MR. HOWARD: The government offers Government Exhibit 940H.

MR. DRATEL: Objection as to 401, 403, hearsay and Vayner.

THE COURT: All right. Let me ask a question, Mr. Shaw.

I see that the total -- let me ask you: Were you extrapolating based upon your sample of 100 that the transaction price was approximately the same for all other transactions of the, for instance, the 53,649 transactions for heroin?

BRIAN SHAW: That is correct.

THE COURT: Did you do anything to ensure that your distribution over time was a distribution which appropriately weighted the various time periods?

BRIAN SHAW: I didn't do any weighting based on time periods no, but it was a distribution over time.

THE COURT: Did you do anything to ensure that, for instance, you were receiving the same number of transactions from each of the time periods that spanned the entire database?

BRIAN SHAW: No. The items were selected at random based -- in the database, there is a column that is considered random, and it was based on selecting items based on that randomized number, so it was purely random.

THE COURT: 940E cannot be received -- I'm sorry -- 940H cannot be received on this basis.

Let me ask you also, do you have any degree in statistical analysis?

BRIAN SHAW: I do not.

THE COURT: It can't be received on this basis.

You may proceed.

MR. HOWARD: Earlier you discussed the fact that the Silk Road databases included information about Silk Road users, correct?

BRIAN SHAW: That is correct.

MR. HOWARD: What kind of -- what, if any, information did the Silk Road database include about the location of users?

BRIAN SHAW: Users were able to self-identify their country, where they were.

MR. HOWARD: Can you please flip in your binder to what's been marked for identification purposes as Government Exhibit 940F.

THE COURT: Maybe somebody could give me 940F also. Thank you.

MR. HOWARD: Do you recognize this exhibit, Mr. Shaw?

BRIAN SHAW: Yes, I do.

MR. HOWARD: What is this?

BRIAN SHAW: This is a map representing countries that had ten or more self-identified vendors.

MR. HOWARD: Did you participate in the creation of this exhibit?

BRIAN SHAW: Yes, I did.

MR. HOWARD: Where did the data for this exhibit come from?

BRIAN SHAW: From the Silk Road Marketplace.

MR. HOWARD: Does it fairly and accurately summarize information from that database?

BRIAN SHAW: Yes, it does.

MR. HOWARD: The government offers Government Exhibit 940F.

MR. DRATEL: Hearsay and Vayner.

THE COURT: Hold on one second. Government Exhibit 940F is received. The objections are overruled.

(Government's Exhibit 940F received in evidence)

MR. HOWARD: Mr. Shaw, can you please describe what is depicted in this chart.

BRIAN SHAW: Sure. Using the information from the database where users identified what country they came from, I checked to see all of the ones that participated in selling items on the Marketplace and those that did, if that country had ten or more confirmed vendors, then they're listed in green on this chart.

MR. HOWARD: Can you please flip to what's been marked as Government Exhibit 940G, please.

MR. HOWARD: Do you recognize what this is?

BRIAN SHAW: Yes, I do.

MR. HOWARD: And what is this?

BRIAN SHAW: This is a map representing countries that had 100 or more buyers.

MR. HOWARD: And where did this data come from?

BRIAN SHAW: From the database from the Silk Road Marketplace.

MR. HOWARD: Does this fairly and accurately summarize the data from the Silk Road Marketplace databases?

BRIAN SHAW: Yes, it does.

MR. HOWARD: The government offers Government Exhibit 940G.

MR. DRATEL: Objection. Hearsay, Vayner.

THE COURT: All right. Those objections are overruled.

Government Exhibit 940G is received.

(Government's Exhibit 940G received in evidence)

MR. HOWARD: Mr. Shaw, can you please describe what is depicted here.

BRIAN SHAW: Yes. This is a world map. We took the information from the database and for each user that self-identified a country, if they participated in purchasing an item on the Marketplace that is calculated by country and if the total number for that country exceeded 100 buyers, they're listed in red on this chart.

MR. HOWARD: Mr. Shaw, can you please flip to what's been marked in your binder for identification purposes as Government Exhibit 940D as in dog.

MR. HOWARD: Do you recognize this exhibit?

BRIAN SHAW: Yes, I do.

MR. HOWARD: And what is this?

BRIAN SHAW: It's a summary of transactions from the Marketplace.

MR. HOWARD: Where did the data from this exhibit come?

BRIAN SHAW: It came from the database from the Silk Road Marketplace.

MR. HOWARD: Does it fairly and accurately summarize the data from the Silk Road Marketplace databases?

BRIAN SHAW: Yes, it does.

MR. HOWARD: Did you participate in the creation of this exhibit?

BRIAN SHAW: Yes, I did.

MR. HOWARD: The government offers Exhibit 940D.

MR. DRATEL: Hearsay and Vayner objections.

MR. HOWARD: That's correct.

THE COURT: The objections are overruled. Government Exhibit 940D is received.

(Government's Exhibit 940D received in evidence)

MR. HOWARD: So Mr. Shaw, can you please describe what's in this chart.

BRIAN SHAW: Yes. So what we have here is the total numbers taken from the database for transactions. The total number of transactions that were recorded in the database were 1,530,252. The total number of buyer accounts that participated in purchasing items on the Silk Road Marketplace was 115,391 user accounts. The number of seller accounts that participated in the Marketplace, there were 3,748 user accounts that sold items on the Marketplace.

The recorded value for the total sales revenue in bitcoins was 9,912,070 bitcoins. The U.S. dollar equivalent recorded in the database of these transactions was 213,000 -- sorry -- 213,888,103 U.S. dollars. The total commissions recorded in bitcoins was 642,455 bitcoins. The recorded U.S. dollar equivalent for these commissions was 13,174,896 U.S. dollars.

MR. HOWARD: May I have a moment with cocounsel, please.

MR. HOWARD: We're done with the witness but we would like to have a side bar first about one issue before we let Mr. Dratel cross him.

THE COURT: All right. Let's have a brief side bar.

(Continued on next page)

sidebarsidebarDrug-Weight Foundation and Defense Exhibit E

(At the side bar)

MR. TURNER: So in terms of the admissibility of the drug weight evidence, I don't think the issue is admissibility but weight.

THE COURT: No. It's admissibility. I'll tell you why, because what you've done is you've extrapolated from a total number of sales.

THE COURT: And the transaction price, the average weight, these two numbers, the transaction price and the weight are derivative numbers based upon a sample of 100 that this witness may not be competent to have drawn.

He did not do a statistical analysis to determine whether or not that's an appropriate one. Clearly, the information in the record is sufficient to add up all of the transaction prices and all of the total weights added to the math so to do 100.

You're trying to get it in for -- as if it is a one-to-one-to-one. I don't think you've got a proper foundation for this document.

MR. TURNER: You can't add up all the weights because the weights aren't consistently included in the offerings. There are only some offerings that describe the weight.

THE COURT: Then you can add up all the transaction prices, but there are fluctuations. There are market fluctuations. And depending upon where the drugs are being sold to, for all I know, there could be differences in time as to where they're going. So 100 random without understanding the market impact seems to me to be --

MR. TURNER: There is another exhibit we'd like to rely on instead which doesn't go into the average transaction price but the highest.

THE COURT: I don't know what that is, but if you want to try with this witness on something different, you can try before you end.

MR. TURNER: It's the absolute highest.

THE COURT: I don't know. Walk him through it.

Mr. Dratel.

MR. DRATEL: So it's not about this document, it's a separate set of questions.

THE COURT: That's fine.

MR. DRATEL: While we're up here in terms of cross, I did intend to ask him to authenticate Defense E but the Court has precluded it; rather than go through the -- I figured I'd mention that now so -- just that I would have -- because he had access to all the material and he has gone through it.

THE COURT: It's not an authentication issue.

MR. DRATEL: No. I understand.

THE COURT: It's a relevance issue.

MR. DRATEL: I'm saying, I would have done that if the Court had permitted the document.

THE COURT: I understand. That's your proffer?

THE COURT: But in light of the Court's ruling, you won't do it because of the Court's rule.

MR. DRATEL: Right. I'm saying rather than interrupt the cross.

THE COURT: It's on the record. I understand.

So you folks, the government can proceed how it wants to proceed and we'll take it one step at a time.

(Continued on next page)

DirectDirectBrian Shaw — Direct Brian Shaw Timothy Howard

(In open court; jury present)

BY MR. HOWARD:

MR. HOWARD: Mr. Shaw, please look to 940I in your binder, please.

MR. HOWARD: Do you recognize what this is?

BRIAN SHAW: Yes, I do.

MR. HOWARD: And what is this?

BRIAN SHAW: This is a weight estimate for four different categories of drugs based on a high selling price.

MR. HOWARD: Can you describe what you mean by high price?

BRIAN SHAW: I can. I selected 100 items from the database and manually reviewed them and calculated a price per weight for each those items. I then selected the highest price per weight for those items out of that list of 100 items and by using that, came up with what I considered a conservative estimate for the highest price per weight.

And by using that high price per weight using the formula of taking the total sales value in U.S. dollars dividing by this high price per weight, it results in a weight estimate, a conservative weight estimate.

MR. HOWARD: Can you explain why you believe that to be conservative?

BRIAN SHAW: Because by dividing by a larger number, you're going to end up with a smaller number in weight.

MR. HOWARD: And earlier you testified that you also looked at the average price of these same 100 transactions, correct?

MR. HOWARD: How do the high prices compare to the average prices?

BRIAN SHAW: They were significantly higher -- multiple, two or three sometimes four times.

MR. HOWARD: So this analysis assumes that each sale of drug occurred at the most expensive price you found in your random sample, correct?

BRIAN SHAW: That is correct.

MR. HOWARD: Did you participate in the creation of this exhibit?

BRIAN SHAW: Yes, I did.

MR. HOWARD: Does it fairly an accurately represent information that you extracted from the Silk Road Marketplace databases?

BRIAN SHAW: Yes, it does.

Continue to next page4.Drug-Weight Estimates Excluded: Exhibits 940H and 940I