throbber
\
`
`
`
`Case 1:14-cr-00068-KBF Document 274 Filed 06/04/15 Page 1 of 1Case 15-1815, Document 1, 06/04/2015, 1525466, Page1 of 37
`
`Criminal Notice of Appeal - Form A
`
`NOTICE OF APPEAL
`
`United States District Court
`
`1
`
`DOCUMENT
`
`--lJ
`I ELECTRONICALLY FILED i
`rUSDC S.DNY
`II
`1 g~;E#;'ILED:ciUN 0 ~ :'1015,1
`
`_S_o_u_th_e_r_n ____ District of New_Y_o_r_k ___ · ·-, ·-
`
`-
`
`-·~: . ::: ~-:: : ;
`
`Caption:
`United States
`
`v.
`
`Ross William Ulbricht
`
`Docket No.: 14 Cr. 68 (KBF)
`Honorable Katherine B. Forrest
`(District Court Judge)
`
`Notice is hereby given that Ross William Ulbricht
`
`appeals to the United States Court of
`
`Appeals for the Second Circuit from the judgment "'J, other I " ' and Preliminary Order of Forfeiture/Money Judgment
`
`(specify)
`
`entered in this action on June 1, 2015
`(date)
`
`This appeal concerns: Conviction only [__ Sentence only L_j Conviction & Sentence 1 . / Other L___
`
`Defendant found guilty by plea I
`
`I trial I "' I N/A 1
`
`Offense occurred after November 1, 1987? Yes 1 "'I No 1
`
`N/A [
`
`Date of sentence: _M_a_y_2_9_, _2_0_15 ______ N/A L_j
`
`Bail/Jail Disposition: Committed 1 " ' Not committed 1
`
`1 N/A 1
`
`Appellant is represented by counsel? Yes "' 1 No 1
`
`1
`
`If yes, provide the following information:
`
`Defendant's Counsel:
`
`Counsel's Address:
`
`Law Offices of Joshua L. Dratel, P.C.
`
`29 Broadway, Suite 1412
`
`New York, New York 10006
`
`Counsel's Phone:
`
`(212)732-0707
`
`Assistant U.S. Attorney:
`
`Serrin Turner
`
`AUSA's Address:
`
`United States Attorney's Office, Southern District of New York
`
`AUSA's Phone:
`
`One Saint Andrews Plaza, New York, New York 10007
`
`212-637-1946 L(/AZF---
`
`Signature
`
`

`
`
`
`Case: 1:14-cr-00068-KBF As of: 06/04/2015 06:00 PM EDT 1 of 36Case 15-1815, Document 1, 06/04/2015, 1525466, Page2 of 37
`
`U.S. District Court
`Southern District of New York (Foley Square)
`CRIMINAL DOCKET FOR CASE #: 1:14−cr−00068−KBF All Defendants
`
`CLOSED,APPEAL,ECF,PRIOR
`
`Case title: USA v. Ulbricht
`Magistrate judge case number: 1:13−mj−02328−UA
`
`Date Filed: 02/04/2014
`Date Terminated: 06/01/2015
`
`Assigned to: Judge Katherine B.
`Forrest
`
`Defendant (1)
`Ross William Ulbricht
`TERMINATED: 06/01/2015
`also known as
`Dread Pirate Roberts
`TERMINATED: 06/01/2015
`also known as
`Silk Road
`TERMINATED: 06/01/2015
`also known as
`Sealed Defendant 1
`TERMINATED: 06/01/2015
`also known as
`DPR
`TERMINATED: 06/01/2015
`
`Pending Counts
`
`21:841A=CD.F AIDING AND
`ABETTING DISTRIBUTION OF
`DRUGS OVER INTERNET
`(2s)
`
`21:848.F CONTINUING
`CRIMINAL ENTERPRISE
`(4s)
`
`represented by Joshua Lewis Dratel
`Law Offices of Joshua L. Dratel, P.C.
`29 Broadway, Suite 1412
`New York, NY 10006
`(212) 732−0707
`Fax: (212) 571−6341
`Email: jdratel@joshuadratel.com
`ATTORNEY TO BE NOTICED
`Designation: Retained
`
`Joshua Jacob Horowitz
`Tech Law Ny
`225 Broadway
`New York, NY 10007
`(212)−203−9011
`Email: joshua.horowitz@techlawny.com
`ATTORNEY TO BE NOTICED
`Designation: Retained
`
`Lindsay Anne Lewis
`Law Offices of Joshua Dratel, P.C(2 Wall St.)
`2 Wall Street, 3rd Floor
`New York, NY 10005
`(212)−732−3141
`Fax: (212)−571−3792
`Email: llewis@joshuadratel.com
`ATTORNEY TO BE NOTICED
`Designation: Retained
`
`Disposition
`The defendant is hereby committed to the custody of
`the United States Bureau of Prisons to be imprisoned
`for a total term of: Counts Two (2) and Four (4): Life
`to run concurrently; Count (5): Five (5) Years to run
`concurrently; Count Six (6): Fifteen (15) Years to run
`concurrently; Count Seven (7): Twenty (20) Years to
`run concurrently. Upon release from imprisonment,
`the defendant shall be on supervised release for a
`term of: Life on Counts Two (2) and Four (4) to run
`concurrently; Three (3) Years on Counts Five (5), Six
`(6) and Seven (7) to run concurrently.
`The defendant is hereby committed to the custody of
`the United States Bureau of Prisons to be imprisoned
`for a total term of: Counts Two (2) and Four (4): Life
`to run concurrently; Count (5): Five (5) Years to run
`
`

`
`
`
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`
`concurrently; Count Six (6): Fifteen (15) Years to run
`concurrently; Count Seven (7): Twenty (20) Years to
`run concurrently. Upon release from imprisonment,
`the defendant shall be on supervised release for a
`term of: Life on Counts Two (2) and Four (4) to run
`concurrently; Three (3) Years on Counts Five (5), Six
`(6) and Seven (7) to run concurrently.
`The defendant is hereby committed to the custody of
`the United States Bureau of Prisons to be imprisoned
`for a total term of: Counts Two (2) and Four (4): Life
`to run concurrently; Count (5): Five (5) Years to run
`concurrently; Count Six (6): Fifteen (15) Years to run
`concurrently; Count Seven (7): Twenty (20) Years to
`run concurrently. Upon release from imprisonment,
`the defendant shall be on supervised release for a
`term of: Life on Counts Two (2) and Four (4) to run
`concurrently; Three (3) Years on Counts Five (5), Six
`(6) and Seven (7) to run concurrently.
`The defendant is hereby committed to the custody of
`the United States Bureau of Prisons to be imprisoned
`for a total term of: Counts Two (2) and Four (4): Life
`to run concurrently; Count (5): Five (5) Years to run
`concurrently; Count Six (6): Fifteen (15) Years to run
`concurrently; Count Seven (7): Twenty (20) Years to
`run concurrently. Upon release from imprisonment,
`the defendant shall be on supervised release for a
`term of: Life on Counts Two (2) and Four (4) to run
`concurrently; Three (3) Years on Counts Five (5), Six
`(6) and Seven (7) to run concurrently.
`The defendant is hereby committed to the custody of
`the United States Bureau of Prisons to be imprisoned
`for a total term of: Counts Two (2) and Four (4): Life
`to run concurrently; Count (5): Five (5) Years to run
`concurrently; Count Six (6): Fifteen (15) Years to run
`concurrently; Count Seven (7): Twenty (20) Years to
`run concurrently. Upon release from imprisonment,
`the defendant shall be on supervised release for a
`term of: Life on Counts Two (2) and Four (4) to run
`concurrently; Three (3) Years on Counts Five (5), Six
`(6) and Seven (7) to run concurrently.
`
`Disposition
`
`Count is dismissed on the motion of the United
`States.
`
`Count is dismissed on the motion of the United
`States.
`
`Count is dismissed on the motion of the United
`States.
`
`Count is dismissed on the motion of the United
`States.
`
`Count is dismissed on the motion of the United
`States.
`
`18:1030A.F COMPUTER
`HACKING CONSPIRACY
`(5s)
`
`18:1028A.F FRAUD WITH
`IDENTIFICATION
`DOCUMENTS
`(6s)
`
`18:1956−4999.F MONEY
`LAUNDERING CONSPIRACY
`(7s)
`
`Highest Offense Level (Opening)
`Felony
`
`Terminated Counts
`21:846=CD.F DRUG
`TRAFFICKING CONSPIRACY
`(1)
`21:841G=CI.F DRUG
`TRAFFICKING
`(1s)
`21:848.F CONTINUING
`CRIMINAL ENTERPRISE
`(2)
`18:1030B.F COMPUTER
`HACKING CONSPIRACY
`(3)
`21:846=CD.F DRUG
`TRAFFICKING CONSPIRACY
`
`

`
`
`
`Case: 1:14-cr-00068-KBF As of: 06/04/2015 06:00 PM EDT 3 of 36Case 15-1815, Document 1, 06/04/2015, 1525466, Page4 of 37
`
`(3s)
`18:1956−6801.F MONEY
`LAUNDERING (DRUG
`TRAFFICKING CONSPIRACY)
`(4)
`
`Highest Offense Level
`(Terminated)
`Felony
`
`Complaints
`21:846=CD.F CONSPIRACY TO
`DISTRIBUTE CONTROLLED
`SUBSTANCE, 18:1030A.F
`FRAUD ACTIVITY
`CONNECTED WITH
`COMPUTERS, , 18:1956−4999.F
`MONEY LAUNDERING−
`FRAUD, OTHER
`
`Plaintiff
`USA
`
`Count is dismissed on the motion of the United
`States.
`
`Disposition
`
`represented by Serrin Andrew Turner
`U.S. Attorney's Office, SDNY (Chambers
`Street)
`86 Chambers Street
`New York, NY 10007
`(212)−637−2701
`Fax: (212)−637−2686
`Email: serrin.turner@usdoj.gov
`ATTORNEY TO BE NOTICED
`
`Timothy Turner Howard
`U.S. Attorney's Office, SDNY
`One St. Andrew's Plaza
`New York, NY 10007
`(212) 637−2308
`Fax: (212) 637−2387
`Email: timothy.howard@usdoj.gov
`ATTORNEY TO BE NOTICED
`
`Date Filed
`
`09/27/2013
`
`09/27/2013
`
`10/01/2013
`
`10/18/2013
`
`11/05/2013
`
`11/06/2013
`
`#
`
`Docket Text
`
`SEALED ORAL ORDER as to Sealed Defendant 1. (Signed by Magistrate Judge
`Frank Maas on 9/27/2013)(dif) [1:13−mj−02328−UA] (Entered: 10/22/2013)
`
`1 COMPLAINT as to Sealed Defendant 1 (1). In Violation of 21 U.S.C. 846, 18
`U.S.C. 1030 &1956 (Signed by Magistrate Judge Frank Maas) (dif)
`[1:13−mj−02328−UA] (Entered: 10/22/2013)
`
`Arrest of Ross William Ulbright in the United States District Court − Northern
`District of California. (dif) [1:13−mj−02328−UA] (Entered: 10/22/2013)
`
`3 Rule 5(c)(3) Documents Received as to Ross William Ulbright from the United
`States District Court − Northern District of California. (dif) [1:13−mj−02328−UA]
`(Entered: 10/22/2013)
`
`Arrest of Ross William Ulbright. (dif) [1:13−mj−02328−UA] (Entered:
`11/06/2013)
`
`4 NOTICE OF ATTORNEY APPEARANCE: Retained Attorney Joshua Lewis
`Dratel appearing for Ross William Ulbright. (dif) [1:13−mj−02328−UA] (Entered:
`
`

`
`
`
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`
`11/06/2013
`
`11/21/2013
`
`11/22/2013
`
`11/22/2013
`
`11/22/2013
`
`11/22/2013
`
`12/06/2013
`
`12/06/2013
`
`01/06/2014
`
`01/06/2014
`
`02/04/2014
`
`02/04/2014
`
`02/07/2014
`
`11/06/2013)
`
`Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Initial
`Appearance as to Ross William Ulbright held on 11/6/2013., Deft Appears with
`Retained Attorney Joshua Dratel and AUSA Serrin Turner for the government.
`Detention Hearing Scheduled for 11/21/13 at 11:00 AM; ( Preliminary Hearing set
`for 12/6/2013 at 10:00 AM before Judge Unassigned.) (dif) [1:13−mj−02328−UA]
`(Entered: 11/06/2013)
`
`Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox:
`Detention Hearing as to Ross William Ulbright held on 11/21/2013. Deft Appears
`with Retained Attorney Joshua Dratel and AUSA Serrin Turner for the
`government. Detention. The Defendant Did Not Overcome The Presumption That
`There Are No Conditions That Can Be Fashioned to Permit Him To Be At Liberty
`While The Criminal Action is Pending. Clear and Convincing Evid That The
`Defendant Sought To Have Several Persons Murdered Was Presented To The
`Court Which Demonstrate The Defendant Presents As A Danger To The
`Community. In Addition Considerable Un−Rebutted Evid Was Presented That The
`Defendant Has The Resources To Flee and Previously Acquired Many False
`Identification Documents That Would Permit Him to Flee. Furthermore He Has
`Used an Alias Previously. (dif) [1:13−mj−02328−UA] (Entered: 11/21/2013)
`
`5 SEALED DOCUMENTS FILED as to Ross William Ulbright.. (Signed by
`Magistrate Judge Kevin Nathaniel Fox on 11/22/2013)(dif) [1:13−mj−02328−UA]
`(Entered: 11/26/2013)
`
`6 LETTER as to Ross William Ulbright addressed to Magistrate Judge Kevin
`Nathaniel Fox from Joshua Dratel, Esq dated 11/19/2013 re: USA v Ross William
`Ulbright, 13 Mag 2328.. (Signed by Magistrate Judge Kevin Nathaniel Fox on
`11/22/2013) (Docket and File(dif) [1:13−mj−02328−UA] (Entered: 11/26/2013)
`
`7 LETTER as to Ross William Ulbright addressed to Magistrate Judge Kevin
`Nathaniel Fox from Joshua Dratel, Esq dated 11/20/2013 re: USA v Ross William
`Ulbright, 13 Mag 2328.. (Signed by Magistrate Judge Kevin Nathaniel Fox on
`11/22/2013) (Docket and File)(dif) [1:13−mj−02328−UA] (Entered: 11/26/2013)
`
`8 LETTER as to Ross William Ulbright addressed to Magistrate Judge Kevin
`Nathaniel Fox from AUSA Serrin Turner dated 11/20/2013 re: USA v Ross
`William Ulbright, 13 Mag 2328.. (Signed by Magistrate Judge Kevin Nathaniel
`Fox on 11/22/2013) (Docket and File)(dif) Modified on 12/4/2013 (jm).
`[1:13−mj−02328−UA] (Entered: 11/26/2013)
`
`9 AFFIRMATION of Serrin Turner in Support by USA as to Ross William Ulbright,
`the government is requesting a 30−day continuance until 1/6/14.(jbo)
`[1:13−mj−02328−UA] (Entered: 12/09/2013)
`
`10 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Ross William
`Ulbright. Time excluded from 12/6/13 until 1/6/14. (Signed by Magistrate Judge
`James C. Francis on 12/6/13)(jbo) [1:13−mj−02328−UA] (Entered: 12/09/2013)
`
`11 AFFIRMATION of AUSA Serrin Turner in Support by USA as to Ross William
`Ulbright, the Government is requesting a 30 continuance until 2/4/2014. (ajc)
`[1:13−mj−02328−UA] (Entered: 01/07/2014)
`
`ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Ross William
`Ulbright re: 10 Order to Continue − Interest of Justice. Time excluded from
`1/6/2014 until 2/4/2014. Follows oral order of 1/6/2014. (Signed by Magistrate
`Judge Sarah Netburn on 1/6/2014) (ajc) [1:13−mj−02328−UA] (Entered:
`01/07/2014)
`
`Case Designated ECF as to Ross William Ulbright. (jbo) (Entered: 02/04/2014)
`
`12
`
`INDICTMENT FILED as to Ross William Ulbricht (1) count(s) 1, 2, 3, 4. (jbo)
`(Entered: 02/04/2014)
`
`Minute Entry for proceedings held before Judge Katherine B. Forrest:Arraignment
`as to Ross William Ulbricht (1) Count 1,2,3,4Ross William Ulbricht (1) Count
`1,2,3,4 held on 2/7/2014., Plea entered by Ross William Ulbricht (1) Count
`
`

`
`
`
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`
`02/10/2014
`
`02/24/2014
`
`02/24/2014
`
`02/25/2014
`
`03/10/2014
`
`03/19/2014
`
`1,2,3,4Ross William Ulbricht (1) Count 1,2,3,4 Not Guilty. Defendant present with
`attorneys Joshua Dratel and Lindsay Lewis. AUSA Serrin Turner present. Special
`Agent Ilh Wan Yum and Special Agent Gary Alfred present. Court Reporter
`present. Defendant arraigned on the Indictment and enters a plea of not guilty.
`Order to follow. Defendant remand continued. (jp) (Entered: 02/10/2014)
`
`13 ORDER as to Ross William Ulbricht ( Discovery due by 2/27/2014., Motions due
`by 3/10/2014., Replies due by 3/31/2014., Responses due by 3/24/2014, Jury Trial
`set for 11/3/2014 at 09:00 AM before Judge Katherine B. Forrest., Status
`Conference set for 4/30/2014 at 01:00 PM before Judge Katherine B. Forrest.)
`Time excluded from 2/7/14 until 4/30/14. Not later than 2113/2014, defense
`counsel shall provide the Government with hard drives of sufficient storage size so
`that the Government can copy the electronic discovery and turn it over to the
`defendant. Not later than 2/27/2014, the Government shall provide to the defendant
`the above electronic discovery. Non electronic discovery shall be provided to the
`defendant not later than 2/20/2014. All discovery is to be completed not later than
`2/27/2014. Motions relating to the Indictment are to be filed not later than
`3/10/2014. Responses are due not later than 3/24/2014. Replies, if any, are due
`3/31/2014. Trial is scheduled to commence on 11/3/2014, at 9:00 a.m. Six weeks
`have been allocated at this time. A final pretrial conference will be held on
`10/28/2014, at 1:00 p.m. Upon application of the Government and consented to by
`defendant, and as set forth on the record, time pursuant to 18 U.S.C. 3161 (h)(7)(A)
`of the Speedy Trial Act, is hereby excluded from 2/7/2014, to 4130/2014. The
`Court finds the ends of justice are served by such an exclusion and that these ends
`outweigh the interests of the public and defendant in a speedy trial (Signed by
`Judge Katherine B. Forrest on 2/10/14)(jw) (Entered: 02/10/2014)
`
`14 PROTECTIVE ORDER as to Ross William Ulbricht...regarding procedures to be
`followed that shall govern the handling of confidential material.... (Signed by
`Judge Katherine B. Forrest on 2/24/14)(jw) (Entered: 02/24/2014)
`
`15 SEALED DOCUMENT placed in vault. (nm) (Entered: 02/24/2014)
`
`16 ENDORSED LETTER as to Ross William Ulbricht addressed to Judge Katherine
`B. Forrest from Serrin Turner dated 2/25/2014 re: To request that the discovery
`deadline set by the Court in this matter for February 27, 2014 be extended by 12
`days until March 11, 2014.ENDORSEMENT: SO ORDERED ( Discovery due by
`3/11/2014.) (Signed by Judge Katherine B. Forrest on 2/25/14)(jw) (Entered:
`02/25/2014)
`
`17 ENDORSED LETTER as to Ross William Ulbricht addressed to Judge Katherine
`B. Forrest from Attorney Joshua L. Dratel dated March 7, 2014 re: For the reasons
`set forth in this letter, counsel requested that the Court grant a ten−day extension
`until Thursday, March 20, 2014, for the filing of the Defendant's Pre−Trial
`Motions. Assistant United States Attorney Serrin Turner has informed me that the
`government consents to this request as long as the government's time to respond is
`extended until April 10, 2014, which includes an additional week beyond the mere
`adjustment of the motion schedule because AUSA Turner will not be available the
`week of March 24th. ENDORSEMENT: Application granted. Dates adjusted as set
`forth above. (Signed by Judge Katherine B. Forrest on 3/7/2014)(bw) (Entered:
`03/10/2014)
`
`18 ENDORSED LETTER as to Ross William Ulbricht addressed to Judge Katherine
`B. Forrest from Joshua L. Dratel dated 3/19/14 re: For the reasons set forth below,
`it is respectfully requested that the Court grant an additional eight−day extension
`until Friday, March 28, 2014, for the filing of the Defendant's Pretrial Motions.
`Assistant United States Attorney Serrin Turner has informed me that the
`government consents to this request as long as a corresponding extension, until
`April 18, 2014, is provided for the government..ENDORSEMENT: Application
`Granted. SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/19/14)(jw)
`(Entered: 03/19/2014)
`
`03/28/2014
`
`19 FIRST MOTION to Dismiss Challenging the Face of the Indictment. Document
`filed by Ross William Ulbricht. (Dratel, Joshua) (Entered: 03/28/2014)
`
`

`
`
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`
`03/28/2014
`
`03/29/2014
`
`03/31/2014
`
`04/10/2014
`
`04/10/2014
`
`04/16/2014
`
`04/28/2014
`
`04/29/2014
`
`05/09/2014
`
`20 DECLARATION of Joshua L. Dratel, Esq. in Support as to Ross William Ulbricht
`re: 19 FIRST MOTION to Dismiss Challenging the Face of the Indictment..
`(Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Dratel, Joshua)
`(Entered: 03/28/2014)
`
`21 MEMORANDUM in Support by Ross William Ulbricht re 19 FIRST MOTION to
`Dismiss Challenging the Face of the Indictment.. (Dratel, Joshua) (Entered:
`03/29/2014)
`
`22 ENDORSED LETTER as to Ross William Ulbricht addressed to Judge Katherine
`B. Forrest from Serrin Turner dated 3/28/14 re: The Government therefore
`respectfully requests that the Court extend the time for the Government to file any
`superseding indictment by 60 days, i.e., until May 30, 2014..ENDORSEMENT:
`Application granted (Signed by Judge Katherine B. Forrest on 3/31/14)(jw)
`(Entered: 03/31/2014)
`
`23 TRANSCRIPT of Proceedings as to Ross William Ulbricht re: Conference held on
`2/7/14 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Eve Giniger,
`(212) 805−0300, Transcript may be viewed at the court public terminal or
`purchased through the Court Reporter/Transcriber before the deadline for Release
`of Transcript Restriction. After that date it may be obtained through PACER.
`Redaction Request due 5/5/2014. Redacted Transcript Deadline set for 5/15/2014.
`Release of Transcript Restriction set for 7/14/2014. (Rodriguez, Somari) (Entered:
`04/10/2014)
`
`24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ross William Ulbricht.
`Notice is hereby given that an official transcript of a Conference proceeding held
`on 2/7/14 has been filed by the court reporter/transcriber in the above−captioned
`matter. The parties have seven (7) calendar days to file with the court a Notice of
`Intent to Request Redaction of this transcript. If no such Notice is filed, the
`transcript may be made remotely electronically available to the public without
`redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 04/10/2014)
`
`25 ENDORSED LETTER as to Ross William Ulbricht addressed to Judge Katherine
`B. Forrest from Serrin Turner dated 4/16/14 re: The Government requests that the
`briefing schedule for the motion to dismiss be extended.ENDORSEMENT:
`Application granted. (I did not use the Govt's proposed order because it has the
`Court's signature line of a page by itself −− causing certain concerns) (Defendant
`Replies due by 5/5/2014., Government Responses due by 4/28/2014) (Signed by
`Judge Katherine B. Forrest on 4/16/14)(jw) (Entered: 04/16/2014)
`
`26 MEMORANDUM in Opposition by USA as to Ross William Ulbricht re 19 FIRST
`MOTION to Dismiss Challenging the Face of the Indictment.. (Attachments: # 1
`Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Turner, Serrin) (Entered: 04/28/2014)
`
`27 ENDORSED LETTER as to Ross William Ulbricht addressed to Judge Katherine
`B. Forrest from Joshua L. Dratel dated 4/25/2014 re: For the reasons stated in this
`letter, defense counsel writes to request an adjournment of the pretrial conference
`scheduled for February 19, 2014. ENDORSEMENT: Adjourned to 6/2/2014 at
`2:00 p.m. (Signed by Judge Katherine B. Forrest on 4/28/2014)(dnd) . (Entered:
`04/29/2014)
`
`28 ENDORSED LETTER as to Ross William Ulbricht addressed to Judge Katherine
`B. Forrest from Attorney Joshua L. Dratel dated May 9, 2014 re: submitted to
`request an extension until May 23, 2014, for the filing of Mr. Ulbricht's Reply to
`the Government's Response to the Defendant's Pre−Trial Motions challenging the
`face of the Indictment. This adjustment in the briefingschedule will not impact the
`next pre−trial conference in this case, which is currently scheduled for June 2,
`2014, at 2 p.m., and at which time the motions will be fully briefed.
`ENDORSEMENT: Application granted. (Signed by Judge Katherine B. Forrest on
`5/9/2014)(bw) (Entered: 05/12/2014)
`
`05/22/2014
`
`29 LETTER by Ross William Ulbricht addressed to Judge Katherine B. Forrest from
`Joshua L. Dratel, Esq. dated May 22, 2014 re: Extension of Time for File of Reply
`(Dratel, Joshua) (Entered: 05/22/2014)
`
`

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`05/22/2014
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`05/23/2014
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`05/23/2014
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`05/27/2014
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`06/02/2014
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`06/02/2014
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`06/03/2014
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`06/26/2014
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`06/27/2014
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`06/27/2014
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`30 NOTICE OF ATTORNEY APPEARANCE Timothy Turner Howard appearing for
`USA. (Howard, Timothy) (Entered: 05/22/2014)
`
`31 MEMO ENDORSEMENT as to Ross William Ulbricht on re: 29 Letter filed by
`Ross William Ulbricht. ENDORSEMENT: ORDERED: Application Granted.
`(Signed by Judge Katherine B. Forrest on 5/23/2014)(ft) (Entered: 05/23/2014)
`
`Set/Reset Deadlines/Hearings as to Ross William Ulbricht: Replies due by
`5/27/2014. (ft) (Entered: 05/23/2014)
`
`32 REPLY MEMORANDUM OF LAW in Support as to Ross William Ulbricht re: 19
`FIRST MOTION to Dismiss Challenging the Face of the Indictment. . (Dratel,
`Joshua) (Entered: 05/27/2014)
`
`33 ENDORSED LETTER as to Ross William Ulbricht addressed to Judge Katherine
`B. Forrest from Serrin Turner dated 5/30/14 re: The Government is continuing to
`investigate other charges against the defendant and requires additional time to
`pursue its investigation before determining whether to seek a superseding
`indictment. The Government therefore respectfully requests that the Court extend
`the time for the Government to file any superseding indictment by 30 additional
`days, i.e., until June 30, 2014. The Government does not anticipate that any further
`extension will be needed after June 30, 2014. The Government submits that this
`schedule will still afford the defense ample time to review any additional discovery
`and prepare for trial, which is set to begin on November 4,
`2014.ENDORSEMENT: SO ORDERED. (Signed by Judge Katherine B. Forrest
`on 6/2/14)(jw) (Entered: 06/02/2014)
`
`Minute Entry for proceedings held before Judge Katherine B. Forrest:Status
`Conference as to Ross William Ulbricht held on 6/2/2014. Defendant present with
`attorneys Joshua Dratel and Lindsay Lewis. AUSAs Serrin Turner and Tim
`Howard present. Conference held. Order to follow. Detention continued. (jp)
`(Entered: 06/02/2014)
`
`34 ORDER as to Ross William Ulbricht ( Motions due by 7/15/2014., Replies due by
`8/27/2014., Responses due by 8/15/2014, Status Conference set for 9/5/2014 at
`12:00 PM before Judge Katherine B. Forrest.) The Court hereby ORDERS the
`parties to comply with the following schedule for the remainder of this litigation:
`Dispositive motions shall be filed by July 15, 2014; oppositions are due August 15,
`2014, and replies, if any, shall be filed by August 27, 2014; The parties shall
`together determine the date by which trial exhibits are to be exchanged to allow
`adequate time for objections to be interposed (if a date cannot be agreed upon, the
`Court will set one at the next status conference); The parties shall confer as to
`whether they believe juror questionnaires would be helpful in this case. They shall
`submit a joint letter setting forth their views on this topic by August 1, 2014 (if
`they believe questionnaires would be helpful, the August 1 letter should contain a
`proposed date for submission of a draft to the Court); A status conference shall
`occur on September 5, 2014 at 12:00 p.m. Rule 404(b) motions shall be submitted
`by October 3, 2014; Motions in Limine shall be submitted by October 17, 2014;
`oppositions are due October 24, 2014. 3500 material shall be submitted not later
`than October 31, 2014; and A final pretrial conference shall occur on October 29,
`2014 at 2:00 p.m. (the Court has reserved three hours). (Signed by Judge Katherine
`B. Forrest on 6/3/14)(jw) (Entered: 06/03/2014)
`
`35 MOTION To Intervene Solely For The Purpose right To Access Judicial
`Proceeding Records. Document filed by Intervenors. (dnd) (Entered: 06/26/2014)
`
`Minute Entry for proceedings held before Judge Katherine B. Forrest: Conference
`as to Ross William Ulbricht held on 6/27/2014. Defendant waives his appearance.
`Counsel for defendant, Joshua Dratel and Lindsay Lewis present. AUSAs Serrin
`Turner and Tim Howard present. Court Reporter present. Conference held. (jp)
`(Entered: 06/27/2014)
`
`36 Waiver of Appearance as to Ross William Ulbricht. I have spoken with my
`attorney, Joshua L. Dratel, Esq., and he has advised me of thenature of the June 27,
`2014, Court conference scheduled in the above−captioned matter. I hereby
`knowingly waive my right to appear in person June 27, 2014, at 2:30 p.m., before
`the Honorable Katherine B. Forrest, United States District Judge for the Southern
`
`

`
`
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`06/27/2014
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`07/02/2014
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`07/02/2014
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`07/07/2014
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`07/08/2014
`
`07/09/2014
`
`07/15/2014
`
`District of New York, at the United States Courthouse located at 500 Pearl Street,
`New York, in the above−captioned matter. I authorize my attorneys Joshua L.
`Dratel, Esq., and Lindsay A. Lewis, Esq., to appear on my behalf at that
`conference. (jw) (Entered: 06/27/2014)
`
`37 ORDER as to Ross William Ulbricht. On June 27, 2014, a status conference was
`held in the above−referenced matter. (Mr. Ulbricht was not in attendance; he
`waived his right to appear in person. That waiver has been filed electronically.) As
`was discussed, the Court hereby ORDERS the following: −The parties shall submit
`a letter (jointly, if possible) that sets forth the status of Mr. Ulbricht' s access to
`discovery by the close of business on July 7, 2014. In particular, the letter shall set
`forth the number of hours Mr. Ulbricht requested to view the electronic discovery
`and the number of hours he actually had such access from June 28, 2014 through
`July 6, 2014. −Defendant's counsel shall notify the Court no later than the close of
`business on July 2, 2014 if Mr. Ulbricht has not yet received access to the hard
`drives. −The schedule has been adjusted as follows: defendant shall file any
`dispositive motion by July 29, 2014; the Government's response is due by August
`26, 2014; and the reply, if any, shall be filed by September 12, 2014. Separately,
`the Court notes that on June 26, 2014, it received a letter motion from four
`incarcerated individuals seeking permission to intervene in this action (the letter is
`included herein). Because there is no provision that allows for such intervention in
`criminal actions, the Court DENIES the request.(See Footnote 1). SO ORDERED.
`(Signed by Judge Katherine B. Forrest on 6/27/2014) [*** FOOTNOTE 1: The
`Court notes that as a matter of policy and practice, the proceedings that occur and
`the submissions that are made in this matter are, generally speaking, publicly
`available − it is an open courtroom and a public docket. ***] (bw) (Entered:
`06/30/2014)
`
`38 TRANSCRIPT of Proceedings as to Ross William Ulbricht re: Conference held on
`6/2/14 before Judge Katherine B. Forrest. Court Reporter/Transcriber: William
`Richards, (212) 805−0300, Transcript may be viewed at the court public terminal
`or purchased through the Court Reporter/Transcriber before the deadline for
`Release of Transcript Restriction. After that date it may be obtained through
`PACER. Redaction Request due 7/28/2014. Redacted Transcript Deadline set for
`8/7/2014. Release of Transcript Restriction set for 10/3/2014. (Rodriguez, Somari)
`(Entered: 07/02/2014)
`
`39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ross William Ulbricht.
`Notice is hereby given that an official transcript of a Conference proceeding held
`on 6/2/14 has been filed by the court reporter/transcriber in the above−captioned
`matter. The parties have seven (7) calendar days to file with the court a Notice of
`Intent to Request Redaction of this transcript. If no such Notice is filed, the
`transcript may be made remotely electronically available to the public without
`redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 07/02/2014)
`
`40 ORDER as to Ross William Ulbricht. On July 3, 2014, the Court sent the attached
`letter via email to Nicole McFarland, Senior Staff Attorney at the Metropolitan
`Detention Center. (Signed by Judge Katherine B. Forrest on 7/7/14)(jw) (Entered:
`07/07/2014)
`
`41 ENDORSED LETTER as to Ross William Ulbricht addressed to Judge Katherine
`B. Forrest from Timothy T. Howard dated 7/7/2014 re: Status Update.
`ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest
`on 7/8/2014)(ft) (Entered: 07/08/2014)
`
`42 OPINION AND ORDER #104494: as to Ross William Ulbricht re: 19 FIRST
`MOTION to Dismiss Challenging the Face of the Indictment. filed by Ross
`William Ulbricht. For the reasons set forth on this Opinion and Order, the
`defendant's motion to dismiss is DENIED in its entirety. The clerk of the Court is
`directed to terminate the motion at ECFNo. 19. (Signed by Judge Katherine B.
`Forrest on 7/9/2014)(jp) Modified on 7/11/2014 (ca). (Entered: 07/09/2014)
`
`43 ENDORSED LETTER as to Ross William Ulbricht addressed to Judge Katherine
`B. Forrest from Serrin Turner dated 7/14/2014 re: Status Update.
`ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest
`on 7/14/2014)(ft) (Entered: 07/15/2014)
`
`

`
`
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`07/25/2014
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`07/31/2014
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`08/01/2014
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`08/01/2014
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`08/01/2014
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`08/04/2014
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`08/05/2014
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`08/08/2014
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`08/21/2014
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`08/22/2014
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`08/29/2014
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`09/03/2014
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`09/05/2014
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`44 ENDORSED LETTER: As to Ross William Ulbricht addressed to Magistrate
`Judge Kevin Nathaniel Fox from Joshua L. Dratel dated 7/24/2014 re: Defense
`counsel writes to request a two day extension until July 31, 2014 to file the
`defendant's motions. ENDORSEMENT: Application Granted. SO ORDERED.
`(Signed by Magistrate Judge Kevin Nathaniel Fox on 7/25/2014)(dnd) (Entered:
`07/25/2014)
`
`45 ENDORSED LETTER as to Ross William Ulbricht addressed to Judge Katherine
`B. Forrest from Joshua L. Dratel dated 7/30/2014 re: Extension of Time to File
`Motion. ENDORSEMENT: Ordered: Application granted. (Motions due by
`8/1/2014.) (Signed by Judge Katherine B. Forrest on 7/31/2014)(ft) (Entered:
`07/31/2014)
`
`46 MOTION to Suppress Certain Evidence., MOTION for Discovery ., MOTION for
`Bill of Particulars . Document filed by Ross William Ulbricht. (Dratel, Joshua)
`(Entered: 08/01/2014)
`
`47 DECLARATION of Joshua L. Dratel in Support as to Ross William Ulbricht re: 46
`MOTION to Suppress Certain Evidence. MOTION for Discovery . MOTION for
`Bill of Particulars .. (Dratel, Joshua) (Entered: 08/01/2014)
`
`48 MEMORANDUM in Support by Ross William Ulbricht re 46 MOTION to
`Suppress Certain Evidence. MOTION for Discovery . MOTION for Bill of
`Particulars .. (Dratel, Joshua) (Entered: 08/01/2014)
`
`49 LETTER by Ross William Ulbricht addressed to Judge Katherine B. Forrest from
`Joshua L. Dratel, Esq. dated August 4, 2014 re: Juror Questionnaire (Dratel,
`Joshua) (Entered: 08/04/2014)
`
`50 ORDER as to Ross William Ulbricht. The Court has received defendant's
`application for an extension of time to subject a proposed juror questionnaire and
`accompanying letter motion. Without taking a position on the ultimately utility, if
`any, of a juror questionnaire in this action, the Court hereby GRANTS defendant's
`request. The Government is ORDERED to respond to any submission by defendant
`not later than September 5, 2014 at 8:30 a.m. SO ORDERED. (Signed by Judge
`Katherine B. Forrest on 8/5/2014)(bw) (Entered: 08/05/2014)
`

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