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2015 Federal TrialtranscripttranscriptMichael Duch — Direct (Part 1) - Day 8 - 2015 Federal TrialMichael Duch describes selling heroin as Silk Road vendor deezletime, explains the site’s sales process, and discloses his cooperation agreement and sentencing hopes.
Serrin A. TurnerJoshua Lewis DratelKatherine B. ForrestMichael DuchMR. TURNERTHE COURTMichael DuchMR. DRATELdirect
2015 Federal Trial/Day 8/January 28, 2015
9 pages·4 witnesses·2,604 lines
Alex Miller and Gary Luis Alford testified about online accounts and records, Dylan Critten described intercepted counterfeit IDs, and Michael Duch described heroin sales on Silk Road. Cross-examination addressed identity limits, investigative scope and cooperation incentives. The court also reviewed disputed jury instructions.
DirectDirectMichael Duch — Direct Michael Duch Serrin A. Turner

MR. TURNER: The government calls Michael Duch to the stand.

THE COURT: Mr. Duch to the stand, please.

(Witness sworn)

THE COURT: Mr. Duch, it will be important to pull up your chair and adjust the microphone how ever it's comfortable for you so that you can speak clearly into the mic.

MICHAEL DUCH: Thank you very much so much.

THE COURT: Mr. Turner, you may proceed, sir.

MICHAEL DUCH, called as a witness by the Government, having been duly sworn, testified as follows:

DIRECT EXAMINATION BY MR. TURNER:

MR. TURNER: Good afternoon, Mr. Duch.

MICHAEL DUCH: Good afternoon, Mr. Turner.

MR. TURNER: How old are you?

MICHAEL DUCH: I'm 40 years old.

MR. TURNER: And where did you grow up?

MICHAEL DUCH: I grew up in Orange County, New York.

MR. TURNER: And what's your educational background?

MICHAEL DUCH: I graduated high school with a Regents diploma. I also attended three years of college. I went to Orange County Community College, Baruch College here in New York City, as well as Brookdale College out in New Jersey. I also attended or and participated in a variety of technical education courses for computers.

MR. TURNER: And what occupation have you held most of your life?

MICHAEL DUCH: I've been a computer consultant. I've worked in networking in security.

MR. TURNER: In 2012, how were you employed?

MICHAEL DUCH: I was self-employed. I owned my own business.

MR. TURNER: What kind of business was it?

MICHAEL DUCH: It was a computer consulting company, again, focusing on networking and security.

MR. TURNER: The name of the company?

MICHAEL DUCH: The name of the company is called COMM-LAN.

MR. TURNER: And what kinds of IT jobs did your company do?

MICHAEL DUCH: It was mainly servicing business-to-business type stuff, a variety of different doctor's offices, surgical centers, law firms, sometimes do residential work as well. If some of the clients liked the services that we provided, we also did work for some of their home stuff as well.

MR. TURNER: How much money were you making per year in about 2012?

MICHAEL DUCH: Um, about $75,000 a year after all expenses were paid.

MR. TURNER: You're in prisoner's clothing today; is that right?

MICHAEL DUCH: That's correct.

MR. TURNER: Are you currently in jail?

MICHAEL DUCH: Yes, I am.

MR. TURNER: When were you arrested?

MICHAEL DUCH: I was arrested in October of 2013.

MR. TURNER: Where were you arrested?

MICHAEL DUCH: Outside of a post office in Monroe, New York.

MR. TURNER: What were you doing at the post office in Monroe, New York?

MICHAEL DUCH: I was attempting to deliver at the post office packages of heroin.

MR. TURNER: How many packages were you trying to mail out?

MICHAEL DUCH: Somewhere between 20 and 25.

MR. TURNER: Why were you mailing out packages of heroin from the post office?

MICHAEL DUCH: Well, I was involved with Silk Road. I was a seller of drugs on Silk Road and that was one of the -- that was the method that I used to deliver those drugs.

MR. TURNER: I'm going to ask you some questions about your activity on Silk Road in a minute, but let me first ask, after you were arrested, did you cooperate with authorities?

MICHAEL DUCH: Yes, I did.

MR. TURNER: And the assistance you provided, was that initially about Silk Road or something else?

MICHAEL DUCH: It was some about Silk Road, but it also -- but I also helped with a control buy with one of my suppliers.

MR. TURNER: So what specific crime -- did you end up pleading guilty?

MICHAEL DUCH: Yes, I did.

MR. TURNER: What specific crime did you plead guilty to?

MICHAEL DUCH: Conspiracy to distribute drugs.

MR. TURNER: Have you been sentenced yet on that charge?

MICHAEL DUCH: No, I have not.

MR. TURNER: How many years in prison could you get on that charge?

MICHAEL DUCH: Up to 40 years in prison.

MR. TURNER: Do you face any mandatory minimum prison term?

MICHAEL DUCH: There's a mandatory minimum of five years on that charge.

MR. TURNER: And as a result of the assistance you gave to authorities, did the government give you a cooperation agreement?

MICHAEL DUCH: Yes, they did.

MR. TURNER: And what does your cooperation agreement require you to do?

MICHAEL DUCH: The cooperation agreement requires that I be truthful, honest and I don't commit anymore crimes.

MR. TURNER: And are you testifying today pursuant to that cooperation agreement?

MICHAEL DUCH: Yes, I am.

MR. TURNER: Now, if you satisfy your obligations under your cooperation agreement, what's your understanding of what the government will do for you?

MICHAEL DUCH: From my understanding is that the government will submit a 5K letter, and that letter pretty much states that, you know, I've been cooperative.

MR. TURNER: Who does that letter go to?

MICHAEL DUCH: That goes to my judge.

MR. TURNER: The judge who will sentence you?

MICHAEL DUCH: That's correct.

MR. TURNER: Okay. What do you understand the government will put in that letter?

MICHAEL DUCH: That I've been cooperative and I've been truthful, honest, haven't broke any crimes, and my judge will take that into consideration upon sentencing time.

MR. TURNER: And is it your hope that based on that letter to the judge you'll get a lighter sentence than you might otherwise?

MICHAEL DUCH: Yes, it is. That's my hope.

MR. TURNER: If the government writes that letter, will you still face that mandatory minimum of five years?

MICHAEL DUCH: I can still face that mandatory minimum of five years; that's correct.

MR. TURNER: If the government writes that letter, will you get out from that mandatory minimum?

MICHAEL DUCH: I do have the ability to get sentenced below that mandatory minimum of five years; that's correct.

MR. TURNER: So what sentence do you hope to receive as a result of your cooperation?

MICHAEL DUCH: I hope to receive time served.

MR. TURNER: Even if the government writes that letter to your sentencing judge, is there any guarantee that the government's given you that you'll get a sentence of time served?

MICHAEL DUCH: Absolutely not. It's absolute completely up to my judge.

MR. TURNER: For any particular sentence has the government guaranteed you?

MICHAEL DUCH: None whatsoever.

MR. TURNER: Will the jury's verdict in this case have any effect on whether the government writes the sentencing letter to your judge?

MR. DRATEL: Objection.

MR. TURNER: Has the government told you that?

THE COURT: I'll allow it.

MICHAEL DUCH: Can you repeat the question, please.

THE COURT: Why don't you rephrase.

MR. TURNER: Is it your understanding that the jury's verdict --

THE COURT: Why don't you say "the outcome of the case."

MR. TURNER: Is it your understanding that the outcome in this case will have any effect on whether the government writes the sentencing letter to your judge?

MICHAEL DUCH: It should have no impact on whether the letter is written or not.

MR. TURNER: And what happens to your cooperation agreement if the government learns that you haven't been truthful today?

MICHAEL DUCH: From what I understand, the letter won't be written and I can face up to 40 years in jail.

MR. TURNER: Do you have any history of drug addiction?

MICHAEL DUCH: Yes, I do.

MR. TURNER: Are you clean today?

MICHAEL DUCH: Yes, I am.

MR. TURNER: How long have you been clean?

MICHAEL DUCH: About a year and-a-half almost.

MR. TURNER: Were you using drugs at the time of your arrest?

MICHAEL DUCH: Yes, I was.

MR. TURNER: Have you ever used drugs since then?

MICHAEL DUCH: No, I have not.

MR. TURNER: What drugs were you -- do you -- in terms of your drug addiction history, what drugs have you been addicted to in the past?

MICHAEL DUCH: Mainly heroin, as well as opiate painkillers.

MR. TURNER: How often did you use those drugs when you were addicted to them?

MICHAEL DUCH: On a daily basis several times a day.

MR. TURNER: And when did you first develop a drug addiction problem?

MICHAEL DUCH: I believe it was in about 2007 or '08 when I initially had some battles with addiction.

MR. TURNER: And did you get addicted to painkillers at that time?

MICHAEL DUCH: Yes, I did.

MR. TURNER: And where did you get those painkillers?

MICHAEL DUCH: From my doctor. I suffered from a few different sporting injuries and those sporting injuries required -- well, didn't require, but you know, it helped that I took those opiate pain relievers, and being that I took those opiate pain relievers for an extended period of time, I developed an addiction.

MR. TURNER: And then what happened?

MICHAEL DUCH: Well, the opiate pain relievers didn't really provide the same level of relief. Over a period of time, I developed a tolerance. At that time, I had also got painkillers from other people on the street besides my doctor, and I eventually found out that heroin was a -- was just as effective as the painkillers and it was also cheaper. So, you know, developing a tolerance, not being able to afford my habit to the painkillers, I turned to heroin being a cheaper alternative and it was also much more potent.

MR. TURNER: How much heroin did you start using?

MICHAEL DUCH: It was somewhere about 30 bags per day.

MR. TURNER: And by bags, what do you mean?

MICHAEL DUCH: Individual little glassine bags that they're sometimes called stamps.

MR. TURNER: How long did your heroin addiction continue?

MICHAEL DUCH: To about 2007 up to about 2009.

MR. TURNER: And did your use of heroin increase or decrease over time?

MICHAEL DUCH: It increased.

MR. TURNER: Why is that?

MICHAEL DUCH: Again, I developed -- I continued to develop a tolerance and was addicted to the heroin, so more of the drug was required to achieve the same effect.

MR. TURNER: Did you run into any trouble with the law during this time?

MICHAEL DUCH: Yes, I did.

MR. TURNER: What happened?

MICHAEL DUCH: I was arrested on several occasions for failure to turn over a controlled, dangerous substance to law enforcement.

MR. TURNER: And were you arrested for anything else?

MICHAEL DUCH: I was also arrested for I believe it was a burglary shoplifting charge.

MR. TURNER: Was that shoplifting charge connected to your drug addiction at all?

MICHAEL DUCH: Yes, it was.

MR. TURNER: How was it?

MICHAEL DUCH: Well, I wasn't able to afford my addiction, so to pay for my addiction, so I actually wound up shoplifting some items from a Target store.

MR. TURNER: And how much did you start spending on your heroin addiction?

MICHAEL DUCH: It was probably about 200- to $300 a day.

MR. TURNER: So at some point, you got clean?

MICHAEL DUCH: Yes, I did.

MR. TURNER: When was that initially?

MICHAEL DUCH: Initially, it was in October of 2009.

MR. TURNER: And did you ever develop an addiction to drugs again?

MICHAEL DUCH: Yes, I did.

MR. TURNER: And when was that?

MICHAEL DUCH: That was in about October, maybe September of 2012.

MR. TURNER: And what drug did you become addicted to?

MICHAEL DUCH: Painkillers.

MR. TURNER: And did you start using painkillers regularly again?

MICHAEL DUCH: Yes, I did.

MR. TURNER: Did you develop a tolerance to them again?

MICHAEL DUCH: Yes, I did.

MR. TURNER: Did you start using any other drugs around this time?

MICHAEL DUCH: I also began to use heroin.

MR. TURNER: And how much heroin did you start taking?

MICHAEL DUCH: Again, about 30 bags a day.

MR. TURNER: How would you ingest it?

MICHAEL DUCH: Initially, I snorted the drugs, but over time, I began to inject the drugs.

MR. TURNER: And what would happen if you didn't take it?

MICHAEL DUCH: Um, I would start to become ill and go through withdrawal symptoms. Those symptoms included sweating, vomiting, diarrhea, extreme flu-like symptoms.

MR. TURNER: How long did it take for those withdrawal symptoms to start?

MICHAEL DUCH: Within a few hours usually.

MR. TURNER: So how often did you have to keep up the use of heroin to stop the withdrawal symptoms?

MICHAEL DUCH: Every few hours, several times per day.

MR. TURNER: Did you quit using painkillers after you started using heroin?

MICHAEL DUCH: I continued to use the painkillers. Over time, I probably used more heroin than painkillers.

MR. TURNER: Why did you continue using the painkillers?

MICHAEL DUCH: So you know, at the time I lived with my girlfriend and I also maintained a job so, you know, it was something that I tried to conceal from my girlfriend, my family member -- my family members, people who I worked with so, during other times when I wasn't able to discreetly use heroin, I would use the painkillers, you know, like on a weekend or if I needed to be at a job or something.

MR. TURNER: So at some point in 2012, did you start buying drugs on the Silk Road website?

MICHAEL DUCH: Yes, I did.

MR. TURNER: How had you heard about it?

MICHAEL DUCH: Probably through one of the news media outlets.

MR. TURNER: And roughly when did you first visit Silk Road?

MICHAEL DUCH: It was in October of 2012.

MR. TURNER: And what drugs were you looking to buy?

MICHAEL DUCH: Painkillers.

MR. TURNER: And why were you looking to buy painkillers at that time?

MICHAEL DUCH: Well, I -- again, I had become addicted to them and to stave off any withdrawal and/or sickness, I looked to Silk Road to get those painkillers.

MR. TURNER: And had your previous supply -- was it no longer available?

MICHAEL DUCH: That's correct. It was no longer available. I was under the care of a doctor at the time who was prescribing those painkillers and that prescription was no longer being filled.

MR. TURNER: So, what about heroin? Were you looking to buy heroin on Silk Road?

MICHAEL DUCH: No, I wasn't.

MICHAEL DUCH: Well, I knew of a local supplier that I could go to and it was cheaper for me to get it there.

MR. TURNER: So did you start buying painkillers on the site?

MICHAEL DUCH: Yes, I did.

MR. TURNER: And did the site work?

MICHAEL DUCH: Yes, it did.

MR. TURNER: You got what you ordered?

MICHAEL DUCH: Yes, I did.

MR. TURNER: Besides painkillers, did you ever buy any other drugs on Silk Road?

MICHAEL DUCH: On a few occasions, I did, yes.

MR. TURNER: What other drugs?

MICHAEL DUCH: I purchased heroin on one occasion, cocaine on a couple of occasions, ecstasy, as well as hash.

MR. TURNER: And why did you order cocaine and ecstasy? Did it have anything to do with your opiate addiction?

MICHAEL DUCH: No, it didn't. I think maybe I was under the influence at the time and, you know, it was available. I don't necessarily know anybody who has those things and being that the website that I was on had them, I purchased them through the site at that time.

MR. TURNER: So when did you start dealing drugs on Silk Road?

MICHAEL DUCH: I initially started dealing drugs I believe it was in April of 2013.

MR. TURNER: And what led you to decide to do that?

MICHAEL DUCH: Well, my prescription painkiller addiction as well as heroin addiction became very expensive, and I could no longer afford it, so I resorted to dealing drugs on Silk Road.

MR. TURNER: How much heroin were you buying off the street for yourself in a given week at that point, April 2013?

MICHAEL DUCH: My tolerance increased to the point where I would use anywhere between 60 and 100 bags of heroin a day.

MR. TURNER: And painkillers, too?

MICHAEL DUCH: And painkillers as well.

MR. TURNER: So how much were you spending per week back then on drugs?

MICHAEL DUCH: At a very minimum of $2,000 all the way up to about $3,500 a week.

MR. TURNER: How much were you making a week from your IT job?

MICHAEL DUCH: Well, that decreased over time. I wasn't able to necessarily maintain the level of service that was required for my job to perform adequately, and, you know, the income from my main job, which was computers, decreased.

MR. TURNER: How much were you making compared to the 3500 you were spending a week?

MICHAEL DUCH: I wasn't able to afford my habit.

MR. TURNER: So where were you getting the money at the time to buy your drugs?

MICHAEL DUCH: Well, being that I was successful for a period of time, I did have some money saved up. So once I used up my savings, I then turned to dealing drugs.

MR. TURNER: And what drugs did you start selling on Silk Road?

MICHAEL DUCH: Mainly heroin.

MR. TURNER: You had used drugs before this, right, but had you ever dealt drugs before?

MICHAEL DUCH: No, I had not.

MR. TURNER: Had you ever considered selling drugs on the street?

MR. TURNER: So why were you willing to deal drugs on Silk Road?

MICHAEL DUCH: Well, I think, you know, being successful in purchasing drugs on Silk Road, I saw the relative ease that came with it. There was a certain amount of perceived level of safety as well as anonymity; and as long as you follow the rules of the site, it seemed like something that I could potentially -- to potentially get away with.

MR. TURNER: When you say safety, safety from what?

MICHAEL DUCH: Safety from being pursued by law enforcement.

MR. TURNER: Now, you were addicted to drugs at the same time, right?

MICHAEL DUCH: That's correct.

MR. TURNER: Didn't you have any misgivings about selling addictive drugs to other people?

THE COURT: Can you rephrase.

MR. TURNER: Did you have any misgivings about selling addictive drugs to other people?

MR. DRATEL: Objection.

THE COURT: I'll allow it.

You may answer.

MICHAEL DUCH: Yes, I did. It was something that bothered me on a daily basis.

MR. TURNER: So how were you able to bring yourself to do it on Silk Road?

MR. DRATEL: Objection.

MICHAEL DUCH: Well, I think there were a couple --

MR. DRATEL: Objection.

THE COURT: Overruled.

BY MR. TURNER:

MR. TURNER: Go ahead.

MICHAEL DUCH: I think there were a couple of factors that brought me to that point: One is I had an addiction that I needed to feed. It was something that I didn't enjoy doing. It was something I didn't like doing. But to help ease the -- ease my moral conscience, I believe that my drugs -- my drug use continued to increase.

MR. TURNER: So what did you have to do on Silk Road to become a vendor?

MICHAEL DUCH: Essentially, you needed to log onto the site, create a username, log onto the site and agree to the terms and conditions of the site.

MR. TURNER: Could we put 121B on the screen. Can you pull it pup.

MR. TURNER: Do you recognize what you see on the screen?

MICHAEL DUCH: Yes, I do.

MR. TURNER: How do you recognize it?

MICHAEL DUCH: I believe this is the seller's agreement and it requires you, prior to selling drugs on Silk Road, you needed to agree to these terms and conditions of the seller contract.

MR. TURNER: And did you see this when you tried to create a vendor account on Silk Road?

MICHAEL DUCH: Yes, I did.

MR. TURNER: It says "Get your products to your customers as quickly easily and anonymously as a Silk Road independent seller. Please read the following contract and the seller's guide carefully by clicking 'I agree' at the bottom. You agree to abide by the guidelines and terms below when selling on Silk Road."

Did you read the seller's guide?

MICHAEL DUCH: Yes, I did.

MR. TURNER: And what did you understand to be the guidelines and terms you were agreeing to?

MICHAEL DUCH: There were a couple of different guidelines that were recommended and that you needed to follow. One was utilizing some stealth shipping methods that were mentioned in the forums. You also needed to agree to the conditions of the site to pay commissions to the Silk Road website for transacting business.

MR. TURNER: So did you click "I agree" at the time?

MICHAEL DUCH: Yes, I did.

MR. TURNER: And who did you understand to be the other party to this agreement?

MICHAEL DUCH: My understanding is that it was Dread Pirate Roberts.

MR. TURNER: And who did you understand Dread Pirate Roberts to be?

MR. DRATEL: Objection.

THE COURT: Overruled.

MICHAEL DUCH: I did not know the identity of Dread Pirate Roberts. I was just under the impression that this individual had run the Silk Road website.

MR. TURNER: Once you entered into this agreement, did you ever have to communicate with Dread Pirate Roberts or DPR directly as part of being a vendor?

MICHAEL DUCH: I didn't have to. No.

MR. TURNER: You said that one of the rules that you had to agree to was to use the site's payment system?

MICHAEL DUCH: That's correct.

MR. TURNER: As a buyer on Silk Road, had you had any personal experience with vendors who had gone outside the personal -- had gone outside the Silk Road payment system?

MICHAEL DUCH: I had read some things about people going outside of the payment system. Part of the understanding of using Silk Road is to never go outside of their payment system. There was an escrow system that was set up and in place for making payments, and it was recommended to always use that escrow system and to never release funds to any potential seller prior to receiving product.

MR. TURNER: So did you set up a separate account to use as your vendor account on the site as opposed to the buyer account used earlier?

MICHAEL DUCH: Yes, I did.

MR. TURNER: What was the username you chose for your account?

MICHAEL DUCH: It was called deezletime.

MR. TURNER: How do you spell it?

MICHAEL DUCH: D-E-E-Z-L-E-T-I-M-E.

MR. TURNER: Did you have to pay anything to Silk Road to start up that account?

MICHAEL DUCH: There was some initial money that was put in escrow.

MR. TURNER: How much money?

MICHAEL DUCH: I believe it was about $500.

MR. TURNER: And what was the purpose, as far as you understood, of that payment?

MICHAEL DUCH: Once you established yourself and proved yourself as a reliable seller on Silk Road, that money was later returned to you.

MR. TURNER: How were you supposed to prove yourself reliable and dependable?

MICHAEL DUCH: By delivering the products, by delivering drugs in my case, to the sellers in a timely and efficient manner.

MR. TURNER: You mean to the buyers?

MICHAEL DUCH: To the buyers, that's correct. I'm sorry.

MR. TURNER: And how was that supposed to be -- how was that feedback supposed to be received by the website?

MICHAEL DUCH: So, as part of the website, there was also a feedback system. And any time that there was a transaction, a buyer was afforded the opportunity to leave feedback regarding the drug transaction. So as long as the drug transaction went well, you received positive feedback. The more positive feedback that you received, that was realized throughout your experience on the website.

MR. TURNER: So, the $500 was a deposit?

MICHAEL DUCH: That's correct.

MR. TURNER: And if the feedback showed that you were actually dealing drugs, you got your $500 back?

MICHAEL DUCH: That's correct.

MR. TURNER: Once you made that deposit and set up the account, how did you advertise your heroin on Silk Road?

MICHAEL DUCH: Well, I created some listings. There were generally three different listings that I created: One for an individual bag, another one for ten bags, and another one for what's called a brick of heroin, which is equivalent to 50 bags.

There was some sellers who --

MR. TURNER: Let me interrupt you. Would you take a look at Government Exhibit 700, please, in your binder in front of you. Do you recognize that document?

MICHAEL DUCH: Yes, I do.

MR. TURNER: How do you recognize it?

MICHAEL DUCH: I recognize it because it has my user account mentioned in the top-right corner, and this is essentially a way to update your profile on the Silk Road website.

MR. TURNER: Does this fairly and accurately reflect the contents of your vendor page as of the time you were arrested? Let me make sure you're looking at 700. A or B?

MICHAEL DUCH: I think that's what I'm looking at. I think I might be looking at the --

MR. TURNER: Take your time.

MICHAEL DUCH: There we go. Thank you. Yes, this was the -- my vendor page, right before my arrest in 2013.

MR. TURNER: The government offers Exhibit 700 into evidence, your Honor.

MR. DRATEL: No objection.

THE COURT: Received.

(Government's Exhibit 700 received in evidence)

MR. TURNER: So deezletime, that was your username?

MICHAEL DUCH: That's correct.

MR. TURNER: Could we go over here. Actually if we can zoom in there.

MR. TURNER: Okay. So it says Featured listings, East Coast Style heroin stamps X10 (3 Free!!!) $98. East Coast Style Heroin Stamps X50 bags (1 Brick) $346.

Were these the -- what are we looking at here?

MICHAEL DUCH: Those are essentially listings that I created on the Silk Road website.

MR. TURNER: And what do these terms mean? What does East Coast Style Heroin mean?

MICHAEL DUCH: The way heroin is packaged and distributed throughout the New York metro area, excuse me, is it's packaged in individual little glassine bags and they're sometimes referred to as stamps because of the stamp that is put on the outside of the bag with ink giving it some type of name.

MR. TURNER: So what stamp -- examples of stamps that would be on your product?

MICHAEL DUCH: A few that I recall would be Black Magic, Murder, Hotshot.

MR. TURNER: And what was the approximate weight of each bag?

MICHAEL DUCH: They weighed somewhere around ten milligrams each.

MR. TURNER: And the brick you mentioned before, brick is -- what is that again?

MICHAEL DUCH: That's equivalent to 50 bags of heroin.

MR. TURNER: The price is displayed in dollars, but how did you receive your payments?

MICHAEL DUCH: All payments were received in bitcoins.

MR. TURNER: Did you have the option of displaying your price in dollars?

MICHAEL DUCH: Yes, I did.

MR. TURNER: No images on the listings. Was that your choice?

MICHAEL DUCH: Yes, it was my choice.

MR. TURNER: Why was that?

MICHAEL DUCH: There's something called geo-tagging and any time that you take a digital photo, you can more or less identify where that photo was taken, so I chose not to put any photos in there to try to evade law enforcement.

MR. TURNER: Back up, please. Go here.

MR. TURNER: This gray area, by the way, did you control what text appeared here?

MICHAEL DUCH: Yes. And I did update that frequently.

MR. TURNER: So here it says: "Update, 9/27/2013. We will not be shipping any product on Saturday 9/28/2013. All orders received after 3:00 p.m. EST on Friday 9/27/2013 will be shipped on Monday 9/30/2013. We repeat...no Saturday shipments on 9/28!!! All orders will be shipped on 9/30. We apologize for any inconvenience and thank you all for your continued support."

Can you back out and go to and focus on this for the time being.

This is from a little while before. It says "New Stamp...Fire!!!New Stamp. Revised Saturday cutoff time. Cut-off time for Saturday 9/21/2013 is 12:00 p.m. EST. All orders received prior to this time will be shipped same day. All orders received after 12 noon will be shipped on Monday 9/23/2013. We repeat cut-off time for 9/21 is 12 noon."

What are you talking about in these updates?

MICHAEL DUCH: Essentially I'm mentioning the cut-off times in which I needed to receive orders. So if anything I received before 3:00 p.m. that day would usually get shipped out the same day. If there were any changes to that policy, I tried to make updates to my vendor page letting potential buyers know that, you know, you needed to either change your plans, get the orders to me earlier, change the dates and/or times that, you know, that things would be shipped out.

MR. TURNER: Was fast shipping something that you specifically advertised?

MICHAEL DUCH: Yes, it was.

MR. TURNER: Same-day shipping?

MICHAEL DUCH: Same-day shipping, that's correct.

MR. TURNER: Why did you think your customers cared so much about fast shipping?

MICHAEL DUCH: I think that users of heroin, they want to make -- they want to know that their product is in the mail when they order. I mean, it's something that they need to kind of listen to because they're going to go through withdrawal symptoms. Most people who develop heroin addictions will go through withdrawal symptoms. These buyers wanted to make sure that they put their money in escrow, that their package was in mail.

MR. TURNER: How did you communicate with your customers on the site?

MICHAEL DUCH: There was essentially a mail-messaging system that was within the Silk Road website.

MR. TURNER: And would you get messages from your customers about shipping times?

MICHAEL DUCH: All the time every day.

MR. TURNER: Take a look at Government Exhibit 704 in your binder. Do you recognize these -- what's in this document?

MICHAEL DUCH: Yes, I do.

MR. TURNER: How do you recognize it?

MICHAEL DUCH: They are messages from buyers asking about a variety of different things. Mainly, it appears that they're wondering if their products have been shipped out that day.

MR. TURNER: And are these messages that you received in your vendor account in your dealing with Silk Road?

MICHAEL DUCH: Yes, they are.

MR. TURNER: The government offers Exhibit 704 into evidence.

MR. DRATEL: Objection as to hearsay and Vayner.

THE COURT: All right. Those objections are overruled. Government Exhibit 704 is received.

(Government's Exhibit 704 received in evidence)

MR. TURNER: Could we take a look at the top one, please. August 9, 2013 from wigglyworm, subject: confirmation. Message: "Hey bud, just need some confirmation on if my package will get to me tomorrow. I made the 3:00pm deadline by at least a few hours so I'm hoping everything will go smoothly. Otherwise I'm gonna be sick for the beautiful weekend we have coming up here in NY... I know I can count on you to be as reliable and professional as possible, so just get back to me as soon as you can. Thanks!"

Can we go to the fifth from the top.

This is from August 15, 2013 from moderngoose: "hello!! first time customer with you here, just wanted to make sure but as soon as my btc hit my account im going to order ur 10 stamp listing via express and i wanted to make sure that as long as i order them around 12:30pm EST will they ship out today as well? i see ur cutoff time is 3 i just wanna double check because i am EXTREMELY dope sick and NEED something by tomorrow!! :( i am miserable at the moment having not slept all night tossing and turning not to mention getting actually sick :/ but anyways thank you very much for ur time, please respond asap. MG"

Can we go to page two, the third from the top here.

September 3, 2013. "Hello. Hey deezle, i placed the order on the 31st... I understand there's been a few straggls aside bt is there anyway you could ship it overnight. I am throwing up, the worst of the worst withdrawl symptoms and plus i have life destroying pain."

MR. TURNER: Was it relatively common for you to get messages from your vendors indicating they needed the drugs right away because they were dope sick?

MICHAEL DUCH: Yes. I received those messages every day.

MR. TURNER: Could we go back to Government Exhibit 700, please. Let's go to page two. This is also from your vendor page?

MICHAEL DUCH: Yes, it is.

MR. TURNER: And it says "Shipping/Packaging. We absolutely will go to the greatest lengths possible to provide our clients with the most advanced packaging and shipping methods available. We ship USPS Priority and Express at this time. There is a slight up charge on whatever USPS charges as the cost for our stealth and packaging is not cheap and is time consuming."

Jump to the second paragraph.

"You will also find that our packaging processes use stealth methods to prevent detection as well as the latest technology in MBB and sealing."

MR. TURNER: What does MBB mean?

MICHAEL DUCH: MBB is a -- it stands for moisture barrier bag.

MR. TURNER: "The bottom line is that you know that your package will arrive there" -- excuse me -- "will arrive as there will never be anything that we do that will make your package look suspicious if accidently opened and the vapor transfer transmission rates of our materials are the lowest currently available in the industry." What are you talking about here?

MICHAEL DUCH: Moisture barrier bags are something that I use to package the heroin inside of. Inside of each moisture barrier bag, it's engineered to have what's called a vapor transmission rate. That vapor transmission rate can potentially prevent law enforcement or drug-sniffing dogs to potentially not smell the drugs that are inside the package.

MR. TURNER: Take a look at what's been marked in your binder as Government Exhibit 701.

(Continued on next page)

MR. TURNER: Take a look at what's been marked in your binder as Government Exhibit 701.

Would you flip through the pages in the binder, in that exhibit.

(Pause)

MR. TURNER: Do you recognize what's in these photos?

MICHAEL DUCH: Yes, I do.

MR. TURNER: How do you recognize them?

MICHAEL DUCH: It's consistent with the name of the stamp that I shipped as well as the shipping method that I used.

MR. TURNER: What is it? What are the photos of in the exhibit?

MICHAEL DUCH: Essentially we've got an Express Mail envelope. Inside of the Express Mail envelope is a silver moisture barrier bag.

MR. TURNER: I just asked you is this a package that you yourself shipped?

MICHAEL DUCH: Yes, it is.

MR. TURNER: The government offers Exhibit 701 into evidence.

MR. DRATEL: No objection.

THE COURT: Received.

(Government's Exhibit 701 received in evidence)

MR. TURNER: Publish the exhibit. OK.

Could you zoom in on the address.

MR. TURNER: The return address is "I sold it on eBay in Wayne, New Jersey." How did you choose that return address?

MICHAEL DUCH: EBay is obviously a common way for people to resell products that I sold on eBay with an eBay reselling company located out of Wayne, New Jersey. I essentially just Googled eBay resellers and used that legitimate address as a return address to ship my order.

MR. TURNER: You didn't have any actual association with that company?

MICHAEL DUCH: None, whatsoever.

MR. TURNER: Could we go to the next page.

MR. TURNER: What are we looking at here.

MICHAEL DUCH: This is an Express Mail envelope, and inside of the Express Mail envelope is a silver moisture barrier bag.

MR. TURNER: Would you go to the next page.

And what are we looking at here?

MICHAEL DUCH: Inside of the moisture barrier bag there is a hair towel. It was common for me to purchase cheap items like hair towels, CD holders and try to hide the heroin inside of those products.

MR. TURNER: Could you go to the next page.

So what are we looking at here?

MICHAEL DUCH: Wrapped up inside of the hair towel there is another moisture barrier bag and that is custom cut to fit the specified order.

MR. TURNER: Would you go to the next page. Could you zoom in.

So what are those?

MICHAEL DUCH: Those are individual bags of heroin and around them appear to be some rubber bands.

MR. TURNER: Could you go to the next page.

Is that a closeup of the heroin?

MICHAEL DUCH: Yes, it is.

MR. TURNER: So each one of these is -- what is that?

MICHAEL DUCH: Each bag is an individual dose of heroin, or what's called a stamp.

MR. TURNER: And where did you learn all of these packaging techniques?

MICHAEL DUCH: I learned most everything through the Silk Road website. On the forums there are a variety of different methods that were recommended in trying to come up with techniques to prevent detection by law enforcement.

MR. TURNER: And how did you package the drugs without leaving fingerprints behind?

MICHAEL DUCH: Each time that I would leave the package or anything, I always wore gloves.

MR. TURNER: Where did you base your activity out of? Where did you package the drugs?

MICHAEL DUCH: Everything was done from my home.

MR. TURNER: Where was your home?

MICHAEL DUCH: In Orange County, New York.

MR. TURNER: And where did you buy the drugs?

MICHAEL DUCH: In Passaic County, New Jersey.

MR. TURNER: And where did you ship the drugs from?

MICHAEL DUCH: I shipped the drugs from my home but utilized the United States Postal Service for shipping.

MR. TURNER: And what areas were those Post Offices in?

MICHAEL DUCH: Mostly in Orange County.

MR. TURNER: Anywhere else?

MICHAEL DUCH: I think I may have used a New Jersey Post Office once.

MR. TURNER: If you would go back to Government Exhibit 700. Go to page 3.

Let's see. If you could go here.

All right. It says: "In the event that SR goes down you can reach us at BMR ("deezletime") and Atlantis ("deezletime"). We will be using these accounts daily as well.

What are BMR and Atlantis?

MICHAEL DUCH: Atlantis and BMR are other sites that were also -- that I also had accounts at that I also sold drugs at. BMR stands for Black Market Reloaded.

MR. TURNER: Were they similar to Silk Road?

MR. TURNER: Were they similar in size to Silk Road?

MR. DRATEL: Objection.

THE COURT: You need to lay a foundation.

MR. TURNER: How much of your -- well, from viewing the sites, could you see the number of vendors on those sites compared to Silk Road?

MICHAEL DUCH: Yes, you can.

MR. TURNER: So how do the number of vendors on those sites compare to Silk Road?

MICHAEL DUCH: Silk Road had a substantially more amount of --

MR. DRATEL: Objection. Hearsay.

THE COURT: Hold on.

MR. TURNER: Personal observation.

(Pause)

THE COURT: I will allow it.

MICHAEL DUCH: Silk Road had a substantially larger amount of sellers that were on there.

MR. TURNER: Let me ask you this. How many of your orders came from BMR and Atlantis as compared to Silk Road?

MICHAEL DUCH: Silk Road was probably over 99 percent of all orders I received.

MR. TURNER: By the way, why did you need to deal on any of these websites? You are a tech guy, right?

MR. TURNER: So why didn't you just launch a solo drug dealing business yourself on the Tor network?

MICHAEL DUCH: Well, yeah, I potentially did have the technical capability, but there was an infrastructure that was already in place and that was known to be Silk Road and it was successful. There was a lot of sellers that were there. I know as a buyer I was successful in obtaining product as well.

So there was the, you know, already established infrastructure, the buyers, there were sellers. And there was a fair amount of publicity that the site had already received. So there was constantly new clients or new buyers that were already there.

MR. TURNER: When you say there were already sellers there, how is it helpful for you to have -- to enter into a marketplace that was already full of sellers?

MICHAEL DUCH: Well, I mean, without sellers there aren't going to be any buyers. So, I mean, you know, if there aren't any sellers, then there aren't going to be any buyers that are coming to the website.

MR. TURNER: So it is the buyers that ultimately --

MR. DRATEL: Objection.

THE COURT: Why don't you rephrase the question.

MR. TURNER: So in terms of what ultimately drew you to Silk Road, was it customer base; is that fair?

MICHAEL DUCH: It was the customer base, that's correct.

MR. TURNER: And what was involved technically in setting up a vendor page like we saw on Government Exhibit 700? Is it easy to do?

MICHAEL DUCH: It was extremely easy to do.

MR. TURNER: Can we take a look at Government Exhibit 700A?

Do you see it in front of you?

MR. TURNER: What is that?

MICHAEL DUCH: That is the vendor profile page. This page is used to update your profile on the page that we were looking at previously.

MR. TURNER: The government offers Exhibit 700A into evidence.

MR. DRATEL: Objection as to hearsay.

THE COURT: Government Exhibit 700A is received. The objections are overruled.

(Government's Exhibit 700A received in evidence)

BY MR. TURNER:

MR. TURNER: So explain what we are looking at here.

And could we zoom in here.

MICHAEL DUCH: Sure. So this is the profile description. When you wanted to make any updates to your vendor page, you would essentially type it in right in that profile description. When you click the update profile button, whatever you typed in that box there would update to your profile page.

MR. TURNER: Could we back out. There are some options at the bottom here. One of them is post-commission pricing, pre-commission pricing. What did that mean to you?

MICHAEL DUCH: There were different ways that the money that was taken by the Silk Road website was taken from you as a buyer. You can choose it either pre-commission or post-commission, but it is actually included in the price to the seller or if it was something that you paid after the transaction took place.

MR. TURNER: So, either way, was a commission taken on every sale that you did on Silk Road?

MICHAEL DUCH: On every sale, that's correct.

MR. TURNER: Could you take a brief look at 700B.

(Pause)

MR. TURNER: Do you recognize this exhibit?

MICHAEL DUCH: Yes. This is a page used to create a new listing within your vendor profile.

MR. TURNER: The government offers Exhibit 700B.

MR. DRATEL: Hearsay, your Honor.

THE COURT: Why don't you build more of a foundation for that with this witness.

MR. TURNER: Did you yourself use a page like this to create your listings on Silk Road?

MICHAEL DUCH: Yes, I did.

MR. TURNER: And does this exhibit fairly and accurately reflect your recollection of what that page looked like?

MICHAEL DUCH: Yes, it does.

MR. TURNER: The government offers 700B into evidence.

MR. DRATEL: It still is hearsay, your Honor.

THE COURT: All right. The objection is overruled. Government Exhibit 700B is received.

(Government's Exhibit 700B received in evidence)

THE COURT: Let me ask you if we could go back to 700A for one moment?

MR. TURNER: Yes, your Honor.

THE COURT: Mr. Duch, did you use each of the setting boxes that are referenced on 700A?

MICHAEL DUCH: Yes, I did.

THE COURT: And did they perform the functions indicated? In other words, "Change Password" had in fact changed a particular password?

MICHAEL DUCH: Yes, it did.

THE COURT: Is that true for each of the functions on that page?

MICHAEL DUCH: Yes, that's true.

THE COURT: Thank you.

You may proceed, Mr. Turner.

MR. TURNER: Thank you, your Honor.

BY MR. TURNER:

MR. TURNER: OK. 700B. So you just put in the title of your listing, the asking price, quantity you had available, and then description down below; is that how it worked?

MICHAEL DUCH: Pretty much. You just type in, you know, a title, how much you want to charge, the quantity, maybe how many you had on sale, and a brief description of what it was that you were selling.

MR. TURNER: So where did you get your heroin supply from?

MICHAEL DUCH: From a street-level dealer in Passaic County, New Jersey.

MR. TURNER: How often would you pick up heroin from your supplier?

MICHAEL DUCH: One to two times per week.

MR. TURNER: How would it be packaged when you picked it up?

MICHAEL DUCH: It was packaged in individual little glassine bags. The glassine bags were wrapped into bundles of ten. Each --

MR. TURNER: The bags were stamped when you picked them up?

MICHAEL DUCH: That is correct. The bags were already stamped with some type of brand on them or name.

Each -- there were ten bags in each bundle. They were wrapped in individual -- wrapped around with rubber bands, and the rubber bands were then wrapped around a larger set of rubber bands which had 50 bags of heroin in them, and that was equivalent to a brick of heroin. Around the 50 bags of heroin there was some magazine paper, and they were all taped together to contain all of the heroin.

MR. TURNER: And how many bricks would you generally buy at a time?

MICHAEL DUCH: Up to 40 bricks of heroin.

MR. TURNER: And how much did your supplier charge you? How much did that cost you?

MICHAEL DUCH: Each bag was $3. So it was about $6,000 for each time I picked up heroin.

MR. TURNER: And how did that street price compare to what you were able to sell the drugs for on Silk Road? How much was your markup?

MICHAEL DUCH: I generally tried to keep it somewhere around double that. So about 100 percent.

MR. TURNER: So you were just taking the same heroin you were buying off the street and putting it up for sale on Silk Road at a hundred percent markup?

MICHAEL DUCH: That's correct.

MR. TURNER: How were you able to sell at such a high markup?

MR. DRATEL: Objection.

THE COURT: Why don't you rephrase.

MR. TURNER: Why did you think you would be able to sell at such a high markup?

MR. DRATEL: Objection.

THE COURT: I will allow it.

You may answer.

MICHAEL DUCH: Well, there were -- being that Silk Road had access to a large geographic region, there was -- some of these areas didn't necessarily have --

MR. DRATEL: Objection.

THE COURT: Well, ladies and gentlemen, this answer is for the witness' perception. It is not offered for the truth as to whether particular areas did or did not in fact have access to heroin.

You may answer.

MICHAEL DUCH: OK. There was a -- from what I understood, there was -- the heroin was not available in the geographic regions all over the United States, and, you know, so somebody out in Utah was now able to gain access to the heroin. So, you know, it wasn't something that was necessarily available to them, but the Silk Road website made that available to them.

MR. TURNER: Did you know where your customers lived, where you were sending the heroin -- not "lived," but did you know where they were receiving the shipments you were sending them?

MICHAEL DUCH: Yes. Well, I would get their addresses through the Silk Road website.

MR. TURNER: And did you keep a record of the transactions you did with your customers on Silk Road?

MICHAEL DUCH: Yes, I did.

MR. TURNER: What records did you keep?

MICHAEL DUCH: Essentially, I created a spreadsheet that tracked all the business that I conducted, all the drugs that I sold on Silk Road.

MR. TURNER: Did you keep your customers' addresses?

MICHAEL DUCH: Yes, I did.

MR. TURNER: You weren't supposed to do that under Silk Road's rules, right?

MICHAEL DUCH: No, I wasn't.

MR. TURNER: But you did it anyway?

MICHAEL DUCH: Yes, I did.

MR. TURNER: Where did you keep that information?

MICHAEL DUCH: I kept it on my computer at home.

MR. TURNER: And was your computer seized by law enforcement as part of your arrest?

MICHAEL DUCH: Yes, it was.

MR. TURNER: Do you see Government Exhibit 703 in your binder?

MR. TURNER: Do you recognize what's there?

MICHAEL DUCH: Yes, I do.

MR. TURNER: What is it?

MICHAEL DUCH: It is a CD with my initials on it and a date that I created it.

MR. TURNER: And when did you create it?

MICHAEL DUCH: On the 23rd of January.

MR. TURNER: Of this year?

MICHAEL DUCH: Of this year, that's correct.

MR. TURNER: And what's on this spreadsheet -- excuse me, what's on the CD?

MICHAEL DUCH: This should be a spreadsheet containing a variety of different information, information that I used to track my orders on Silk Road.

MR. TURNER: Did this come from the data that you kept on your computer?

MICHAEL DUCH: Yes, it did.

MR. TURNER: May I approach, your Honor?

THE COURT: You may.

MR. TURNER: Your Honor, the government moves Exhibit 703 into evidence and asks that it be published to the jury.

MR. DRATEL: No objection.

THE COURT: Received. Government Exhibit 703 is received.

(Government's Exhibit 703 received in evidence)

MR. TURNER: OK. Can we zoom in.

BY MR. TURNER:

MR. TURNER: Would you walk us through these columns and what each reflects.

MICHAEL DUCH: Sure. Column A was the order number. This was generated by the Silk Road website.

Column B was the quantity of heroin or the number of bags of heroin that was ordered on the website.

Column C was an adjusted quantity that I created. Traditionally with the -- some of my orders, I would give extra bags of heroin. So this adjusted quantity was something that I created later to reflect the actual number of bags of heroin that I distributed.

MR. TURNER: Just to be clear, is that something you created in preparation for testifying today?

MICHAEL DUCH: Yes, I did.

MICHAEL DUCH: Column D is the postage method used. I essentially used two different ways to ship stuff -- united States Postal Service Express and Priority.

Column E would be the address.

G is the buyer on Silk Road. That is their -- that is their username.

And Column H was the tracking number that I also kept track of for that particular order.

MR. TURNER: Ms. Rosen, just to show the jury how far this goes down, could you scroll down slowly.

(Indicating)

MR. TURNER: A little faster. Keep going.

Go all the way down to the end, please.

(Indicating)

MR. TURNER: OK. Could we go back up.

MR. TURNER: What time span does this spreadsheet cover?

MICHAEL DUCH: Essentially from when I first started selling drugs on Silk Road up to the day I was arrested.

MR. TURNER: Now, the address information from this document has been redacted, but did you prepare any kind of summary of all the places you mailed shipments to?

MICHAEL DUCH: Yes, I did. Essentially, I extracted all of the cities and states where heroin was shipped.

MR. TURNER: Can you take a look at Government Exhibit 703B in your binder.

(Pause)

MR. TURNER: Do you recognize that document?

MICHAEL DUCH: Yes, I do.

MR. TURNER: What is it?

MICHAEL DUCH: It is the -- it is all the cities and states that were extracted from the spreadsheet.

MR. TURNER: The government offers Exhibit 703B into evidence.

MR. DRATEL: Objection. Hearsay.

THE COURT: That objection is overruled. Government Exhibit 703B is received.

(Government's Exhibit 703B received in evidence)

BY MR. TURNER:

MR. TURNER: Could you zoom in here.

It is in alphabetical order?

MICHAEL DUCH: Yes, it is.

MR. TURNER: Aberdeen, Mississippi; Agawam, Massachusetts; Aguadilla, Puerto Rico; Akron, Ohio; Alanson, Michigan; Albany, New York; Albemarle, North Carolina, etc.

How many pages does this go on for?

MR. TURNER: Actually, scroll through the pages, Ms. Rosen.

(Indicating)

MICHAEL DUCH: It is probably about 15 pages here or so.

MR. TURNER: And are the locations concentrated anywhere in particular, or are they spread all over the country?

MICHAEL DUCH: They are pretty much spread all over the country.

MR. TURNER: By using this spreadsheet we looked at earlier, were you able to calculate how many drug deals you did on Silk Road?

MICHAEL DUCH: Yes, I did.

MR. TURNER: And how many bags or stamps of heroin you sold?

MICHAEL DUCH: Yes, I did.

MR. TURNER: How did you calculate that information?

MICHAEL DUCH: I pretty much summed up the adjusted quantity that was created in preparation for trial.

MR. TURNER: Would you take a look at Government Exhibit 703A. Is this the summary you created?

MICHAEL DUCH: Yes, it is.

MR. TURNER: The government offers Government Exhibit 703A into evidence.

MR. DRATEL: Hearsay, your Honor.

THE COURT: Government Exhibit 703A is received, and the objection is overruled.

(Government's Exhibit 703A received in evidence)

BY MR. TURNER:

MR. TURNER: OK. So how many orders did you do in total?

MR. TURNER: And how many bags of heroin did you sell?

MR. TURNER: It is about 10 milligrams per bag?

MICHAEL DUCH: That is correct.

MR. TURNER: Was it ever more than that?

MICHAEL DUCH: Sometimes. Sometimes more. Sometimes a little less. That is about an average.

MR. TURNER: OK. And total estimated weight, you just multiplied the paper bag times the bags you sold and it is 3.18 kilograms of heroin?

MICHAEL DUCH: That's correct.

MR. TURNER: And that's from April to September 2013?

MICHAEL DUCH: Yes, it is.

MR. TURNER: How long did it take you to start doing a steady volume of business on Silk Road? How fast did your business grow?

MICHAEL DUCH: Sure. It took about -- in all, about six weeks to go from having no status on Silk Road to becoming relatively well known.

MR. TURNER: So after six weeks how many bags of heroin were you shipping out on a given day?

MICHAEL DUCH: Anywhere between 400 to 600 bags of heroin per day.

MR. TURNER: How much revenue were you taking in per month?

MICHAEL DUCH: About 60 to $70,000 a month.

MR. TURNER: And how many hours were you working per day as a drug dealer on Silk Road?

MICHAEL DUCH: At least six to eight hours a day Monday through Saturday and some hours on Sunday as well.

MR. TURNER: How many hours per day were you spending on your IT business at that point?

MICHAEL DUCH: Well, it decreased significantly over time. I would probably spend maybe two or three hours doing my computer tech work per day.

MR. TURNER: And what did you do with all the money you were making from the site?

MICHAEL DUCH: Most of it was used to either support my habit or to reinvest in my drug selling.

MR. TURNER: So how many bags of heroin were you yourself consuming in a given week by this point, by the time of your arrest?

MICHAEL DUCH: Up to 6 to 700 bags of heroin a week.

MR. TURNER: What was happening to your health at this point?

MICHAEL DUCH: It did decrease significantly. My social life suffered. My work life obviously suffered.

MR. TURNER: And so the same drug that was impacting your life in that way you were dealing to thousands of people --

MR. DRATEL: Objection.

MR. TURNER: -- on Silk Road?

THE COURT: Hold on.

MICHAEL DUCH: Yes, I was.

THE COURT: Hold on.

(Pause)

THE COURT: The objection is sustained. The answer is struck.

MR. TURNER: No further questions, your Honor.

THE COURT: All right, Mr. Dratel.

MR. DRATEL: Thank you, your Honor.

Continue to next page9.Michael Duch — Cross (Part 2)