Dark Web Alleged Silk Road Conspirator Handed to US Authorities - by C. Edward Kelso

[nandibear]

Dark Web Alleged Silk Road Conspirator Handed to US Authorities
news.bitcoin.com
by C. Edward Kelso
July 8, 2018

Excerpt:

Dark web alleged Silk Road conspirator, Gary Davis of Ireland, agreed recently to be extradited to the United States. Once on US soil, he will face charges levied against him five years ago in connection with the eventual conviction of Ross Ulbricht (who prosecutors claim was the site’s mastermind). Mr. Davis, should he be convicted, would receive a life sentence.

...

Read entire article: news.bitcoin.com/dark-web-alleged-silk-road-conspirator-handed-to-us-authorities/

[nandibear]

Are there any updates regarding Gary and the case?

I'm starting to get a little worried (especially for Gary's health and well-being).

A friend of mine checked the docket today (July 16, 2018):

Case # 13-cr-00950 in the United States District Court, Southern District of New York (USA vs Jones et al)



and there's nothing new since June 29, 2018 (when Jacob Kaplan appeared as Gary's attorney):



As my friend put it, "I agree it is kind of odd that your friend is just sitting (presumably) in a holding tank somewhere for three weeks since extradition was upheld by the Supreme Court in Ireland.... Three weeks in the USA without is bizarre....Manuel Noriega and Carlos Leader Rivas both got better treatment than that...."

EDIT (July 19, 2018) by Nandibear: Adding copy of the referenced filing (appearance by attorney Jacob Kaplan):



PDF: nandibear.com/docs/gary-patrick-davis-silk-road-13-cr-950-USDC-southern-district-of-new-york-appearance-jacob-kaplan-attorney-june-29-2018.pdf

[nandibear]

If anyone would like to write to Gary please find contact info below (you cannot send money to this address):

Full Name: Gary Patrick Davis
Register Number: 85928-054
MCC NEW YORK
METROPOLITAN CORRECTIONAL CENTER
150 PARK ROW
NEW YORK, NY 10007

If anyone would like to send money to Gary please see the links below (money can be very important in jail for sufficient food, clothing, paper, pencils, envelopes, postage, email charges, phone charges, etc.):

[bitkilo]

Thanks very much for the contact address.
I am sure it would really lift Gary's spirits receiving a few letters of support.

[Ciaran]

Thanks so much for sharing the address, i really hope we can all keep in constant contact with Gary. I've heard he is being provided an e-mail address soon so that we can contact him that way, i will let you guys know once we get it.

[nandibear]

It looks like Gary is due in Court (USDC - Southern District of New York) in about 30 minutes from now (2:30 PM New York time):



JESSE M. FURMAN, United States District Judge:

IT IS HEREBY ORDERED that the parties shall appear for the arraignment and pretrial conference in this matter on July 19, 2018 at 2:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York.

SO ORDERED.
Dated: July 18, 2018
New York, New York

PDF: nandibear.com/docs/gary-patrick-davis-silk-road-13-cr-950-USDC-southern-district-of-new-york-scheduling-order-july-18-2018-july-19-2018-arraignment-pretrial-conference-jesse-m-furman-judge-thurgood-marshall-courthouse.pdf

[nandibear]

Here's another recently filed document (although not as recent as the above Scheduling Order (see previous post)) in Gary's case.

Bail Disposition (filed July 13, 2018) which lists Gary's attorney (retained) as being Marc Agnifilo (misspelled as 'Mark' on the document)

The documents has a check next to Speedy Trial Time Excluded Under 18 U.S. Code § 3161(h)(7) (also penned in is "Until 7/19/18"). To learn more about that please see: law.cornell.edu/uscode/text/18/3161

The AUSA (or Assistant U.S. Attorney) is listed as Eun Young Choi (misspelled as 'Youn' on the document). Looks like she's also Cybercrime Coordinator in the U.S. Attorneys Office and also Adjunct Professor at Cornell Law School @ Cornell Tech.



PDF: nandibear.com/docs/gary-patrick-davis-silk-road-13-cr-950-USDC-southern-district-of-new-york-bail-disposition-july-13-2018-attorney-mark-agnifilo.pdf

[nandibear]

related to Gary's case:



Free_Ross on Twitter: "ALL charges of murder-for-hire vs. Ross are now dropped. After almost 5 years, gov't has moved to dismiss final MD indictment based on evidence from corrupt agent now in prison." by BitcoinXio at reddit

99 comments

The post leads to the Free_Ross Twitter account:

https://twitter.com/Free_Ross/status/10 ... 8369688576

Please also see:

U.S. Attorney Moves to Dismiss Murder-for-Hire Charges Against Ross Ulbricht
CCN.com
July 23, 2018

Excerpt:

A U.S. Attorney for the District of Maryland has filed a motion to dismiss pending charges against Ross Ulbricht, known as “Dread Pirate Roberts,” who is serving a life sentence following his conviction for his role in the Silk Road marketplace which facilitated the sale of illegal drugs.

The motion to drop the indictment and superseding indictment for pending charges was filed by Attorney Robert Hur, who noted that Ulbricht’s sentence and conviction have been affirmed on appeal and that the Supreme Court has denied an appeal.

The pending charges in Maryland included the allegation that Ulbricht tried to hire a hitman to commit murder, charges that Ulbricht claimed influenced the judge to give him an unreasonably harsh sentence.

...

Read entire article: ccn.com/u-s-attorney-moves-to-dismiss-murder-for-hire-charges-against-ross-ulbricht/



PDF: nandibear.com/docs/ross-william-ulbricht-gary-patrick-davis-usdc-maryland-ccb-13-0222-motion-to-dismiss-indictment-and-supersending-indictment.pdf

EDIT (July 25, 2018) by Nandibear: Looks like C. Edward Kelso also reported on this today in an article he wrote at news.Bitcoin.com - Ross Ulbricht Murder-for-Hire Indictment to Be Dismissed

[Ciaran]

related to Gary's case:



Free_Ross on Twitter: "ALL charges of murder-for-hire vs. Ross are now dropped. After almost 5 years, gov't has moved to dismiss final MD indictment based on evidence from corrupt agent now in prison." by BitcoinXio at reddit

99 comments

The post leads to the Free_Ross Twitter account:

https://twitter.com/Free_Ross/status/10 ... 8369688576

Please also see:

U.S. Attorney Moves to Dismiss Murder-for-Hire Charges Against Ross Ulbricht
CCN.com
July 23, 2018

Excerpt:

A U.S. Attorney for the District of Maryland has filed a motion to dismiss pending charges against Ross Ulbricht, known as “Dread Pirate Roberts,” who is serving a life sentence following his conviction for his role in the Silk Road marketplace which facilitated the sale of illegal drugs.

The motion to drop the indictment and superseding indictment for pending charges was filed by Attorney Robert Hur, who noted that Ulbricht’s sentence and conviction have been affirmed on appeal and that the Supreme Court has denied an appeal.

The pending charges in Maryland included the allegation that Ulbricht tried to hire a hitman to commit murder, charges that Ulbricht claimed influenced the judge to give him an unreasonably harsh sentence.

...

Read entire article: ccn.com/u-s-attorney-moves-to-dismiss-murder-for-hire-charges-against-ross-ulbricht/



PDF: nandibear.com/docs/ross-william-ulbricht-gary-patrick-davis-usdc-maryland-ccb-13-0222-motion-to-dismiss-indictment-and-supersending-indictment.pdf

That's excellent news, they were absolutely ridiculous charges to begin with, no real evidence behind them at all, I hope this paves the way for Ross to be given the chance of a re-trial or at least a fresh appeal.

[nandibear]

Here's another document (below) which I probably should have posted last week (dated July 18, 2018). It's not very important but at least with the name of this second prosecutor, Michael D. Neff, we can search around to see what other type of cases they've worked on in the past, maybe also find something regarding their political views and also any other cases which they're currently involved in.

By keeping close track of Gary's case we can both provide news coverage AND open source his defense. For example, if anyone ever (at any point) has research or ideas of any kind which they'd like to share, please feel free to add it here in this thread.

If anyone believes that Gary's attorneys have got him covered (it doesn't matter how expensive $$$ they are or how large their name is) you might be totally unfamiliar with the US Judicial System and the boringly safe attorneys who practice law within it who are much more concerned with their own careers than they are with any sort of justice for their clients (completely understandable if you didn't know that), or, maybe, quoting from the movie "The Green Mile," your "...cheese slid off your cracker..."



The undersigned attorney respectfully requests the Clerk to note his appearance in the
above-captioned case (in addition to the AUSA already on the case) and to add him as a Filing
User to whom Notices of Electronic Filing will be transmitted in this case

...

Michael D. Neff
Assistant United States Attorney

PDF: nandibear.com/docs/gary-patrick-davis-silk-road-13-cr-950-USDC-southern-district-of-new-york-notice-of-appearance-and-request-for-electronic-notifications-michael-d-neff-assistant-united-states-attorney-july-18-2018.pdf

[nandibear]

Last night while looking into other cases which Michael D. Neff (Assistant United States Attorney) is involved with learned that another individual was extradited last month (June 15, 2018) from Thailand for his alleged involvement in the Silk Road. Defendant's name is Roger Thomas Clark:

Manhattan U.S. Attorney Announces Extradition Of Senior Adviser To The Operator Of The “Silk Road” Website

Roger Thomas Clark Was a Key Figure in the Development of Silk Road and Advised Ross Ulbricht on All Aspects of the Criminal Enterprise

...

CLARK was a close confidante of Ulbricht’s who advised him on all aspects of Silk Road’s operations, and who hired and managed a staff of computer programmers who helped develop Silk Road’s technical infrastructure. CLARK was arrested in Thailand on December 3, 2015, and was extradited to the United States today.

...

Roger Thomas Clark allegedly served as a trusted confidante to Silk Road founder and operator Ross Ulbricht, advising him on all aspects of this illegal business, including how to maximize profits and use threats of violence to thwart law enforcement. Thanks to the investigative work of our fellow law enforcement agencies and our international partners, Clark now faces justice in an American court.

...

As Ulbricht’s right-hand man, Roger Clark allegedly advised him of methods to thwart law enforcement during the operation of this illegal ploy, pocketing hundreds of thousands of dollars in the process. Today’s extradition of Roger Clark shows that despite alleged attempts to operate under the radar, he was never out of our reach.

...

CLARK – who went by the online nicknames “Variety Jones,” “VJ,” “Cimon,” and “Plural of Mongoose” – was described by Ulbricht as a “real mentor” who advised Ulbricht about, among other things, security vulnerabilities in the Silk Road site, technical infrastructure, management of the Silk Road users, and operating in a manner to attempt to thwart law enforcement. CLARK provided advice to Ulbricht on developing a “cover story” to make it appear as though Ulbricht had sold Silk Road, and also assisted with hiring programmers to help improve the infrastructure of, and maintain, Silk Road. CLARK also communicated at length with Ulbricht regarding the rules that governed Silk Road vendors and users, and regarding the promotion of sales on Silk Road, including the sales of narcotics. CLARK also was responsible for gathering information on law enforcement’s efforts to investigate Silk Road.

...



Read entire press release (dated June 15, 2018): justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-extradition-senior-adviser-operator-silk-road-website

[nandibear]

USDJ (United States Department of Justice) press release regarding Gary having been extradited from the Republic of Ireland to the USA. The press release includes information regarding the maximum amount of time that Gary is subject to if convicted of the alleged charges. Appears to be Life + 25 years:

...

The charges in the Superseding Indictment against DAVIS, 30, of Wicklow, Ireland, include: one count of conspiracy to distribute narcotics, which carries a maximum sentence of life in prison and a mandatory minimum of 10 years in prison; one count of conspiracy to commit computer intrusion, which carries a maximum sentence of five years in prison; and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. (emphasis mine)

...

Read entire press release (dated July 13, 2018): justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-extradition-irish-man-who-helped-run-silk-road-website

[nandibear]

Minute Entry for proceedings held before Judge Jesse M. Furman: Arraignment as to Gary Davis (2) Counts 1,2,3 held on 7/19/2018. Defendant present (in custody) with attorneys Brian Klein and Jacob Kaplan. AUSAs Eun Choi, Tim Howard, and Michael Neff present. Agents Samad Shahrani (FBI) and Gary Alford (IRS) present. Court reporter present. -- Defendant pleads NOT GUILTY to Counts 1-3 of the S1 Indictment. The Government shall produce discovery on a rolling basis, and shall produce all discovery in its possession no later than 8/31/2018. No motion scheduled set. The next Pretrial Conference is scheduled for 9/20/2018 at 4:00 PM. Time is excluded in the interests of justice from 7/19/2018 until 9/20/2018. (ab) (Entered: 07/31/2018)

Minute Entry for proceedings held before Judge Jesse M. Furman: Plea entered by Gary Davis (2) Counts 1,2,3 Not Guilty. (ab) (Entered: 07/31/2018)

My friend pulled the docket again earlier today (August 1st). My friend's thought's were as follows, "It is VERY upsetting to see that they didn't enter his Arraignment and Plea of "Not Guilty" for two weeks.... that is very strange, especially in the Southern District of New York.... almost incredible."

As it stands:

On the July 19, 2018, Gary plead NOT GUILTY to all charges.

Pretrial Conference (probably the first of many to come) is scheduled for September 20, 2018.

(Please also note that the Court has again "excluded" time (from July 19th thru September 20th) in the "interests of justice.")

[nandibear]

Letter from Assistant United States Attorneys Eun Young Choi, Michael D. Neff and Timothy Howard to Judges Katherine B. Forrest, Jesse M. Furman and William H. Pauley III

August 3rd, 2018 (filed August 14, 2018)

RE:

United States v. Ross William Ulbricht, a/k/a “Dread Pirate Roberts,” a/k/a “DPR,” a/k/a “Silk Road,”
14 Cr. 68 (KBF)

United States v. Roger Thomas Clark, a/k/a “Variety Jones,” a/k/a “VJ,” a/k/a “Cimon,” a/k/a “Plural of Mongoose,”
15 Cr. 866 (WHP)

United States v. Andrew Michael Jones, a/k/a “Inigo,” et al.,
13 Cr. 950 (JMF)

Dear Judge Forrest, Judge Furman, and Judge Pauley:

The Government respectfully submits this letter to advise the Court that there are currently three related cases pending — one before each of Your Honors — each of which alleges participation, by the defendants, in the Silk Road. Briefly, by way of background, from 2011 to 2013, the Silk Road website hosted a sprawling black-market bazaar on the Internet, where illegal drugs and other illicit goods and services were regularly bought and sold by the site’s users. During its more than two-and-a-half years in operation, Silk Road was used by several thousand drug dealers and other unlawful vendors to distribute hundreds of kilograms of illegal drugs and other illicit goods and services to more than one hundred thousand buyers, and to launder hundreds of millions of dollars derived from these unlawful transactions.

The cases are related because of the alleged roles of each defendant in the Silk Road marketplace:

1. United States v. Ross William Ulbricht, 14 Cr. 68 (KBF): Ulbricht was the founder, owner, and operator of Silk Road. In early 2015, Ulbricht was convicted after a jury trial before Judge Forrest. He was sentenced to life imprisonment, his conviction and sentence were affirmed on appeal, and his petition for a writ of certiorari was recently denied. Post-conviction litigation is currently ongoing.
2. United States v. Roger Thomas Clark, 15 Cr. 866 (WHP): Clark was a senior adviser to Ulbricht. Clark advised Ulbricht on, among other things, security vulnerabilities in the Silk Road site, technical infrastructure, management of Silk Road users, and operating in a manner to attempt to thwart law enforcement. Clark also hired and managed a staff of computer programmers who helped develop Silk Road’s technical infrastructure, and he was responsible for gathering information on law enforcement’s efforts to investigate Silk Road. In June 2018, Clark was extradited from Thailand. The Government recently produced several terabytes of discovery. The next conference is scheduled before Judge Pauley on September 20, 2018.
3. United States v. Andrew Michael Jones et al., 13. Cr. 950 (JMF): The three defendants in this case — Jones, Nash, and Davis — were moderators or administrators for the Silk Road marketplace. (Ulbricht ran the Silk Road website with the assistance of a small support staff, including both site administrators and forum moderators, whom he paid for their services.) In July 2018, Gary Davis — one of the three defendants in this case — was extradited from Ireland. The Government has begun producing discovery to Davis. The next conference is scheduled before Judge Furman on September 20, 2018.

Please let us know if any additional information would be useful.

Respectfully Submitted,

GEOFFREY S. BERMAN
United States Attorney for the Southern District of New York
By: /s/ Eun Young Choi/Michael D. Neff/Timothy Howard
Assistant United States Attorneys

cc: All Counsel of Record



PDF: nandibear.com/docs/gary-patrick-davis-silk-road-13-cr-950-USDC-southern-district-of-new-york-letter-august-3rd-2018-related-cases-14-cr-68-ross-ulbricht-15-cr-866-roger-clark.pdf

[nandibear]

NOTICE OF FILING OF OFFICIAL TRANSCRIPT [OF A CONFERENCE HELD ON July 19, 2018]

Filed: August 24, 2018

Notice is herby given that an official transcript of a conference held on 7/19/18 has been filed by the court reporter/transcriber in the above-captioned matter.

Redaction responsibilites apply to attorneys of record or pro se parties, even if the person requestin the transcript is a judge or a member of the public or media.

The parties have seven (7) calender days from the date of filing of this NOTICE to file with the court any NOTICE OF INTENT TO REQUEST REDACTION of this transcript. A copy of said NOTICE must also be served on the court reporter. If no such NOTICE is filed, the transcript may be made remotely electronically available to the public withoit redaction after ninety (90) calender days.

This process may only be used to redact the following personal data indentifiers: Social Security numbers; dates of birth; minor's names; and financial account numbers. See Federal Rules of Civil Procedure 5.2, and Federal Rules of Criminal Procedure 49.1. Parties wishing to request redaction of other information may proceed by motion.

I (we) certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter.

s/ Vincent Bologna
Court Reporter/Transcriber


PDF: nandibear.com/docs/gary-patrick-davis-silk-road-13-cr-950-USDC-southern-district-of-new-york-notice-of-filing-of-official-transcript-of-confrence-held-on-july-18-2018-filed-august-24-2018-90-days.pdf

[nandibear]

Does anyone know if any of these cases are listed on any prediction markets?

Gary's case: United States v. Andrew Michael Jones et al., 13. Cr. 950 (JMF)

Ross' case: United States v. Ross William Ulbricht, 14 Cr. 68 (KBF)

other related case: United States v. Roger Thomas Clark, 15 Cr. 866 (WHP)

If so, is it possible that prediction markets might have an impact on, or influence, the decisions made, and yet to be made, in these cases?

[nandibear]

Letter from Assistant United States Attorneys Eun Young Choi, Michael D. Neff and Timothy Howard to Judge Jesse M. Furman

September 17, 2018 (and filed September 17, 2018)



The Honorable Jesse M. Furman
United States District Judge
Southern District of New York
40 Foley Square
Thurgood Marshall U.S. Courthouse
New York, New York 10007

Re: United States v. Gary Davis, a/k/a “Libertas,” 13 Cr. 950 (JMF)

Dear Judge Furman:

The Government writes to respectfully request an approximately three-week adjournment
of the status conference currently scheduled for Thursday, September 20, 2018, at 4:00 p.m. The
defense consents to this request. This is the first request for an adjournment in this case.

The parties are currently in late-stage negotiations concerning a pretrial disposition of this
matter, and the requested adjournment will give the parties time to finalize their negotiations. The
Government and defense jointly propose that the status conference be adjourned until any time
during the week of October 8, 2018 (other than Columbus Day), if that is convenient for the Court.
The defense consents to the exclusion of time, under the Speedy Trial Act, between September 20,
2018 and the date of the next conference, so that the parties may continue their negotiations. See
18 U.S.C. § 3161(h)(7)(A). If this adjournment request is granted and the parties reach a resolution
before the date of the rescheduled conference, we will promptly notify the Court, including
supplying the Court with any agreement between the parties.

Respectfully submitted,
GEOFFREY S. BERMAN
United States Attorney

By: /signed
Eun Young Choi / Michael Neff / Timothy Howard
Assistant United States Attorneys
(212) 637-2187/2107/2308

cc:
Brian E. Klein, Esq. (via ECF)
Marc A. Agnifilo, Esq. (via ECF)
Jacob Kaplan, Esq. (via ECF)

PDF: nandibear.com/docs/gary-patrick-davis-silk-road-13-cr-950-USDC-southern-district-of-new-york-letter-september-17-2018-parties-are-currently-in-late-stage-negotiations-concerning-a-pretrial-disposition-plea-deal-eun-young-choi-judge-jesse-furman.pdf

[nandibear]

Minute Entry for proceedings [Pretrial Conference held on 9/20/2018]

Filed: September 20, 2018

Minute Entry for proceedings held before Judge Jesse M. Furman:

Pretrial Conference as to Gary Davis held on 9/20/2018. Defendant present (in custody) with attorneys Brian Klein, Marc Agnifilo, and Ashley Marabano.

AUSAs Eun Choi and Michael Neff present. Agent Samad Shahrani (FBI) present. Court reporter present. --

Motions due by 11/5/2018. Responses due by 11/19/2018. Replies due by 11/30/2018. The next Pretrial Conference is scheduled for 11/8/2018 at 3:15 PM. Time is excluded in the interests of justice from 9/20/2018 until 11/8/2018. (ab) (Entered: 10/05/2018).

[nandibear]

TRANSCRIPT of Proceedings [Conference held on 9/20/18]

Filed: October 18, 2018

TRANSCRIPT of Proceedings as to Gary Davis re: Conference held on
9/20/18 before Judge Jesse M. Furman. Court Reporter/Transcriber:
Karen Gorlaski, (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 11/8/2018.
Redacted Transcript Deadline set for 11/19/2018. Release of Transcript
Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT [Conference held on 9/20/18]

Filed: October 18, 2018

NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Davis.
Notice is hereby given that an official transcript of a Conference
proceeding held on 9/20/18 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.... (McGuirk, Kelly) (Entered:
10/18/2018)



This process may only be used to redact the following personal data identifiers: Social Security numbers; dates of birth; minors' names; and financial account numbers. See Federal Rules of Civil Procedure 5.2, and Federal Rule of Criminal Procedure 49.1. Parties wishing to request redaction of other information may proceed by motion.

Karen Gorlaski - Court Reporter/Transcriber

PDF: nandibear.com/docs/gary-patrick-davis-silk-road-13-cr-950-USDC-southern-district-of-new-york-notice-of-filing-of-official-transcript-of-confrence-held-on-october-18-2018-filed-October-20-2018-90-days.pdf

[Mayfinin]

Interesting to read and learn more about it. Thanks for shared information!