[tptacek]

This is simply false, and moreover, false in each of its particulars.

First: as the appeal opinion clearly states, there's still an open case against Ulbricht for the Force-related murder-for-hire scheme in Maryland. The charges have not been dropped.

Second, evidence of the murder-for-hire charges was presented in court. It was an element of the conspiracy charge. Not only was it presented, but it was presented in a way that Ulbricht's defense was obligated to rebut it.

Finally, the murder charges were presented again during sentencing, and proven to a "preponderance of evidence" standard during that process as well.

These details are all spelled out in the appeals decision.

[2845197541]

I thought they couldn't even prove that the people to be murdered even existed.

[tptacek]

They don't have to. In federal law (and in several states), you're guilty of attempt if prosecutors can prove beyond a reasonable doubt that you had the intent to commit a crime, and took some substantial step towards it.

They've more than cleared that bar here.

[Mtinie]

Even if there is no actual target?

For example: Is the rational that if I earnestly believed I was planning on murdering someone who I thought existed, that it is the lead up and consideration that is the crime, rather than the actual attempt (which could never happen)?

[tptacek]

Yes. That's why we have a crime of "attempt". You do not need to have a likelihood of success; it only needs to be proven that you did intend, and that you took substantial steps. Ulbricht spent more money on these crimes than most people earn in 10 years.