In the free speech case Elonis vs. United State which was featured earlier on Qntra, the justices of the United States Supreme Court decided in favor of Elonis. Elonis challenged his conviction under Federal statutes prohibiting the interstate transmission of threats for his having authored rap lyrics. The justices vacated the conviction and sent the case back to a lower court to be reconsidered under a stricter standard for prosecution which would require demonstrating Elonis had a criminally culpable state of mind, or Mens Rea when disseminating his lyrics. While the decision was not a complete victory for Elonis the idea that offense is something imposed by the recipient of an utterance, and if utterances are to ever be criminal Mens Rea must be established is almost a positive development in the bleak wasteland of the United States legal system.
Category Archives: North America
Some Other People Sentenced This Month in US Courts
A few hours ago Ross Ulbricht was sentenced to a life of incarceration for convictions related to operating a website. Let's look at some other sentences handed down by American courts recently:
Terry and Victoria Smith (archived) were sentenced to seven years in prison by a St Charles County, Missouri court for keeping their six year old child with autism in an excrement filled cage. The judge in the case, Ted house also imposed a fine of five hundred dollars on each parent. Back in 2010 police, paramedics, and a case worker visited the Smith's home after receiving a tip through a child abuse hotline and found the Smith's autistic son locked in the cage. The seven year sentence is the maximum that could be imposed in this case. Continue reading
Ross Ulbricht Sentenced To Life In Prison
Convicted of seven offences last February, Ross William Ulbricht was today (archive) sentenced to life in prison with no parole for the part he played in the operation of the Silk Road. In addition to his life sentence, Ulbricht has been ordered to pay the United States Government USD $183,961,921 despite the fact it has already sold a majority of the coins it confiscated from Ulbricht via the USMS auctions.
Speaking to the life sentence she handed down, U.S. District Judge Katherine B. Forrest said: Continue reading
Former US House Speaker Indicted on Attempting to Evade Financial Surveillance
Dennis Hastert, Speaker of the United States House of Representatives from 1999 through 2007, was indicted today on charges of structuring bank withdrawals to avoid mandatory bank reporting and lying about the purpose of the withdrawals to the Federal Bureau of Investigation. Hastert is alleged to have made the cash withdrawals to "compensate for and conceal" some past transgression against an unnamed individual which ended with Hastert and the other party reaching a privately negotiated settlement. Prior to his career in politics Hastert was a teacher at Yorkville High School in Illinois where he additionally coached wrestling and football. Continue reading
DoJ Charges Dark Market Coupon Merchant
The US Department of Justice reports (archive) it has charged a Louisiana man with conspiracy to commit wire fraud and conspiracy to commit trademark counterfeiting. Beau Wattigney AKA PurpleLotus/GoldenLotus/MoxDiamond and NickMode is alleged to have sold counterfeit coupons on the original Silk Road and later Blake Benthall's Silk Road 2.0. The coupons entitled the bearer to massive discounts on products such as US $50 Visa Gift Cards which could be purchased for $0.01 each. Wattigney is alleged to have defrauded more than 50 manufacturers, retailers and online coupon retailers in excess of US $1,000,000. Continue reading
IRS Confirms Breach Reported 2 Months Ago
The United States Internal Revenue Service has now confirmed that a March 30th report by Brian Krebs where he revealed an online portal operated by the IRS for disseminating tax transcripts had been leaking personal information and tax records to parties who ought not to have been authorized to view them. According to the the IRS more than one hundred thousand records were accessed in this manner. This news follows an epic volume of falsified tax returns filed this year sending tax overpayments to fraudsters to the point where major tax preparation companies had to stop handling state tax returns. The gravity of this leak's potential impact on the tenth of a million affected persons can not be underestimated considering the manner in which the fiat state handles identity: Continue reading
Former Vault of Satoshi Customers Can't Collect
The Brantford Expositor reports that Vault of Satoshi still has a number of customers whose funds have not been returned, even though Vault of Satoshi ceased operations back in February. Expositor reported Susan Gamble along with general allegations against Vault of Satoshi's operators present the story of a customer, Scott Campbell: Continue reading
Ulbricht to be Sentenced Friday
While the world waits to see what might happen to the Ulbricht case over the likely next decade and a half it spends traversing appellate courts, Ulbricht must first pass the formality of sentencing after the show trial staged for him by Preet Bharara. Ulbricht won't be sentenced until this Friday, May 29th but the prosecution's continued shenanigans began a new nearly a month ago when Bharara's team introduced six overdose deaths they would like to pin on Ulbricht, but apparently weren't confident enough to present at trial in a manner reminiscent of that time they forgot to mention they were getting ready to arrest a number of Federal agents who investigated Ulbricht. Continue reading
Lawsky Moves to Private Practice
New York Department of Financial Services superintendent Ben Lawsky is stepping down to pursure a career in private practice. Some time in the near future the New York Department of Financial Services is anticipated to pass some variant of the previously revised "BitLicense" regulation removing their jurisdiction from any relevance with concern to Bitcoin's future.
St Louis Federal Reserve Bank DNS Hijacked Last Month
This week the Federal Reserve Bank of St Louis confirmed earlier rumours that they had been victims of a domain name server hijacking attack which compromised a number of user credentials related to their research services and products. The Bank has responded by resetting user passwords and emailing subscribers to alert them to the fact their credentials are likely in the hands of the hijackers.