Ross Ulbricht’s Attorney Cites IRS Guidance in Motion to Dismiss Charges
01 April, 2014
An attorney representing alleged Silk Road mastermind Ross Ulbricht has asked that a federal judge dismiss four charges against his client as part of his ongoing New York indictment.
In a 64-page filing submitted to the District Court of the Southern District of New York this weekend, Ulbricht’s defense attorney, Joshua Dratel, argues that one count of money laundering, running a criminal enterprise, narcotics conspiracy and conspiracy to commit computer hacking be dismissed, stating that they are vague and do not cover his client’s alleged conduct.
Perhaps most interestingly, Dratel took issue with the money laundering charge, adopting the position that bitcoin does not qualify as a money instrument under the law, due in part to the wording used in formal FinCEN and IRS guidance on the issue.