6.Prosecution Exhibit Readings — Stipulations and DPR–Cimon Chats
51 lines(Witness excused)
THE COURT: Would the government like to call its next witness, please.
MR. HOWARD: Sure. Before the next witness is called, I would like to be read two more core chats that have not yet been read into the record.
THE COURT: All right. These are previously received documents?
MR. HOWARD: Yes, during Mr. Kiernan's testimony.
THE COURT: All right.
MR. TURNER: Your Honor, actually, while we are waiting, could I just make sure we've gotten some of the stipulations that were read in into evidence. I'm not sure we ever formally offered them.
THE COURT: Yes. You also had two from this morning that you were going to offer now.
MR. TURNER: Right, and I have them now.
THE COURT: All right.
MR. TURNER: I believe I've read all of the Google stipulation, which has been marked as Government Exhibit 803. I want to make sure that is entered in evidence.
THE COURT: I don't have 803. Do you have 803, Joe?
(The Court conferred with the Deputy Clerk)
THE COURT: You offered the exhibit contained in 803 but not 803 itself.
MR. TURNER: We would like to offer that at this time.
THE COURT: All right. Mr. Dratel, received by stipulation?
MR. DRATEL: Yes.
THE COURT: All right.
(Government's Exhibit 803 received in evidence)
MR. TURNER: On the Facebook stipulation that's been marked as Government's Exhibit 10, there is one paragraph that we had not read into evidence. I could read it now briefly.
THE COURT: Government Exhibit 10?
MR. TURNER: 810, your Honor.
THE COURT: I'm sorry. 810. All right.
MR. TURNER: Paragraphs 1 through 3 have already been read.
Paragraph 4 is: "Government Exhibit 331, in particular, reflects certain messages between the users and another Facebook user, "Allison", on February 8, 2013. Each message reflects the username of the recipient of the message, the username of the author of the message, the date and time the message was sent, whether the message was ever deleted from the Ross Ulbricht account in the body of the message."
That is 810, and the government offers that stipulation, as well, into evidence.
THE COURT: Is that a stipulation, Mr. Dratel, of yours?
MR. DRATEL: Yes.
THE COURT: GX810 is received.
(Government's Exhibit 810 received in evidence)
MR. TURNER: Government Exhibit 806A is another stipulation concerning the USAA records.
And the parties stipulate there that: If called as a witness, a custodian of records of USAA Federal Savings Bank would testify that I'm employed by USAA Federal Savings Bank as a custodian of records. I am familiar with records created and maintained by USAA Federal Savings Bank. The following records were kept in the course of regularly conducted business activity of USAA Federal Savings Bank, were made at or near the time of occurrence of the matters set forth in the records by, or from information transmitted by, a person with knowledge of those matters, and were records that were made as a regular practice of USAA Federal Savings Bank activity.
Government Exhibit 806 consists of a bank statement dated -- excuse me, bank statement from an account maintained at USAA Federal Savings Bank by Ross W. Ulbricht, date of birth March 27, 1984, registered to the address rossulbricht@gmail.com.
And that was a stipulation that goes back to 806. The government stipulation is marked 806A. So we would want to make sure both of those are admitted into evidence.
THE COURT: 806 was previously received.
806A was a stipulation, Mr. Dratel?
MR. DRATEL: Yes.
THE COURT: All right. That is received as well, 806A.
(Government's Exhibit 806A received in evidence)
MR. TURNER: Lastly, the PayPal stipulation reads that: If called as a witness, a custodian of records of PayPal, Incorporated would testify that I'm employed by PayPal, Inc. as a custodian of records. I am familiar with records created and maintained by PayPal, Inc. The following records were kept in the course of regularly conducted business activity of PayPal, Inc., were made at or near the time of occurrence of the matters set forth in the records by, or from information transmitted by, a person with knowledge of those matters, and are records that were made as a regular practice of PayPal in its activities.
Government Exhibit 808 consists of records from PayPal account registered to Ross Ulbricht, date of birth March 27, 1984, registered to the email address rossulbricht@gmail.com.
Pages 1 and 2 of the exhibit contain subscriber information from the PayPal account maintained by PayPal, Inc., and the remaining pages of the exhibit contain a transaction log of the account indicating, among other things, the date, time and amount of each transaction, and the balance of the account following the transaction reflected in the second-to-last column, labeled "Balance."
The government asks that Exhibit 808 be admitted into evidence, your Honor.
THE COURT: The stipulation number is what?
MR. TURNER: 808A. Excuse me.
THE COURT: 808A is received. 808 was previously received.
(Government's Exhibit 808A received in evidence)
MR. TURNER: That is all I have.
THE COURT: All right. Thank you.
Mr. Howard.
MR. HOWARD: Yes.
Ms. Rosen, could you please publish Government Exhibit 227E, please.
Start with pages 54 to 56 of a 337-page chat log, starting on page number 2012-09-23:
"Myself: oh wait it's the middle of the night. I got a request from vice magazing to do an interview, btw. I told them I'd talk to my PR consultant first :) Here's what they've written:
"Dear the Dread Pirate Roberts,
"I am acting as an intermediary for Hamilton Morris of Vice Magazine. He would like to do an interview with the Dread Pirate Roberts, or the owners of Silk Road. I'm sure he will be amenable to using a secure chat solution, such as OTR, PGP, torchat or CryptoCat.
"You can Google Hamilton Morris to see some of his work. He is very smart and respectable and I'm sure he would only have excellent questions."
Skipping to the last paragraph.
"If you are willing to set up such an interview please let me know. I told him I would do him the favor of trying to get him in contact," and signed "ageis."
"cimon: Dude, God is putting on a lightning storm the likes of which I've never seen. Can't even hear myself think over the constant thunder. I'm amazed I've still got power.
"myself: sounds awesome. Don't let your computer fry
"cimon: I have two spares ;)
"Nobody has ever regretted not doing an interview; lots of folks have regretted doing one.
"A problem I have with any type of interview is it ties you down, or could, in areas you want to remain loose. Are there one or more of you. Are you the guy who started the site, or the third or forth operator. Problem is areas where we want misdirection are the hardest to do, as pride makes yhou want to say yeah, I started it, nyah, nyah... but security says you should claim otherwise. It get's tough, and guaranteed at least one or more major mistake will be made during the process."
Ms. Rosen, could you please publish Government Exhibit 227H, please.
From pages 106 to 109 of a 337-page chat log, dated October 29, 2012:
"cimon: on btctalk, there are folks who when you just started out save you shroom packs. Coulple that with educatoin and empoloyment I know - yer one of 12 folks in the world. Easy odds.
"Sorry, don't mean to worry ya - I'm making a point that I have 10 times more on D A - if needed, I can lay my finger on him in weeks, easy. He leaked more info like a seive than you did. Also, keep in mind I've shipped shit to his prev addy. Not hard to track from there.
"and my point is I want to find him, and have a chat - if it's ok with you.
"myself: go ahead
"cimon: Just make sure he's on side, is all.
"myself: I wouldn't think the info you have would narrow me down to 12
"cimon: nothing bad will happen - it's just talk
"(04:29:53) Dipper: I wouldn't think the info you have would narrow me down to 12
"Bet? ;)
"myself: just don't spook him too bad. I wouldn't want him freaking out and attacking you or something
"where are you getting the number 12? do you have a list?
"cimon: naw - if anything I'm gonna see if I can help him. I'm sure he's stressted, scared, and just a little bit fucked up in general.
"12's an estimate - could be as high - but no higher - than 10, and no less than 8
"myself: I call bs
"cimon: Well, unless you lied in the early days, yer right
"myself: not sure what the bet would be or how to settle it, but I'd take it
"cimon: but if you didn't - and I don't think DA did - then my good memeory serves me well
"myself: from what I remember, you know my educational background (sort of), you can infer my gender, age, race, etc. and you know where I was a year and a half ago roughly when I started the site
"myself: does that really narrow me down to 12 people?
"you could estimate my travels a bit based on timezone
"cimon: yeah - I'm not looking for you - but you've left enough hints - where you went to school - when you started to work and left - info from folks on btctalk who posted images of postmarks from shrooms you sent - yeah - I could narrow it down quick.
"myself: where i went to school? I don't remember revealing anything like that
"cimon: dude, I'm not trying to worry you - I'm making the point that DA slippped way more shit that you.
"myself: you are worrying me! won't you ease my mind and tell me what you think you know?
"cimon: I mean, yer fine, how many experimantal physicists quit to sell shrooms outta ndl anyways, eh.
"myself: shit, you know about the national dodgeball league!
"my cover is blown "cimon: goddammit! I was making a point, not trying to worry you. Do I think I could find you quickly - absolutley. Would I - what the fuck would I want to do that for - then I have info folks would kill me for. I'd rather not know - the point is it's easy to let info out, and DA did, and I 'll spend $ to follow it up. Shit, if I really wanted to just see you, I'd just ask.
"myself: it's ok man, just never thought you were capable of that
"What's ndl?
"Cimon: You know - I post up, and give you shitloads of info that could if you tried just a bit (fuck, Plural of Mongoose alone should do it!) that you could determine exactly who I am. I did that to make you feel comfortable.
"Myself: i know
"Cimon: If you can't find me in 10 days, you've not read my shit.
"Myself: it's not like I don't trust you dude
"Cimon: That's my way of trying to make you comfy - there ain't much more I can do.
"Dude, you so don't trust me - I know you want to, but it's not there yet. I'm doing my best to make it easy for you.
"Myself: i guess there are different levels
"Cimon: Fuck, I scare you. Shit, I scare me. We gotta work together
"Myself: but I beleive you when you say you wouldn't look for me. But there is a difference between willing and able. Thats all
"Cimon: The reason I don't look for you is that leaves a trail - but I'm pretty confident if I did, I'd find you. And that's just a fact.
"Myself: didn't think you were able before, but I guess you are
"Cimon: But, I'd rather some day you came to see me.
"Myself: I will. Or I'll invite you somewhere
"Shit, now I'm worried you think I'm being, I dunno...
"Myself: we'll get to embrace, and shoot the shit, and brainstorm
"Cimon: Fuck, do I need to knock on yer door and NOT shoot ya to make you trust me? Tell me.
"Myself: lol
"Cimon: heh
"Myself: yer fine... just me processing info. I guess I revealed too much. Selling was my first mistake
"Cimon: Now, back on track - do you have a prob with me having one of my folks tap on DA's door, and having a talk
"Myself: nope, go for it
"Cimon: yeah - there are records on reddit, and bitcointalk, where folks have scans of your shipments - that was the key. But great shrooms, apparently!
"myself: they were fucking awesome
"cimon: but postmarks narrow it down. With everything else, yeah, I could find ya\
"but that said, no one else knows, no one else ever will, and I won't do that.
"myself: thank you
"cimon: and further to that, the DPR thing is great, and we need to make at least one publid set of statements that indicates that the old admin is long gone, and dpr is now in charge. Keep in mind the movie, and how dpr can change from one time to the next. I've got yer back.
"myself: yea, I was thinking the same thing
"have a back story for him
"cimon: I suggested DPR when I first realized I could track you. I don't give a shit who you are, and it's to my and everyone's advantage no one else can.
"DPR by it's very nature indicates a rotating command. We'll play that."
THE COURT: Mr. Howard, would the government like to call its next witness.
MR. HOWARD: Yes, your Honor. We would now like to call Special Agent Dylan Critten.
THE COURT: All right. Dylan Critten to the stand, please.
COURT CLERK: Please raise your right hand.
DYLAN CRITTEN, called as a witness by the government, having been duly sworn, testified as follows:
COURT CLERK: Please state and spell your full name for the record.
DYLAN CRITTEN: My name is Dylan Critten. D-y-l-a-n, last name Critten, C-r-i-t-t-e-n.
COURT CLERK: Thank you.
THE COURT: All right. Mr. Critten, please be seated, sir, and it will be important for you to pull yourself up and adjust the mic however is most comfortable for you to get a clear and direct sound.
Mr. Howard, you may proceed, sir.
MR. HOWARD: Thank you, your Honor.