The coronavirus infection spreading across the United States prison system is throwing Ross Ulbricht’s confinement into sharp relief.
Last March marked the seventh year the controversial founder of the Silk Road has spent behind bars. Found guilty of seven charges including money laundering, conspiracy to traffic narcotics and computer hacking, Ulbricht is currently serving a double life sentence, plus 40 years, without the possibility of parole.
The pandemic worsens conditions for the nation’s large prison population. Ross spends 22 hours a day behind bars in Tucson, Az., where he’s currently being held. Outside visits are stopped, so Ross’s mother, Lyn, who works tirelessly for his release, is unable to act as “Ross’s lifeline to the outside world.” And Ross stands a good chance of being infected, with rates in his part of the system running four times the New York average.
Because of the nature of his crime, Ross is not allowed access to a computer or the internet, not even to check his email. So he spends his time writing, reading and meditating, his mother said, and calling home.
“Ross has gotten so tired of me saying ‘take your vitamin C,’ which he gets from the commissary. ‘Drink lots of water and wash your hands.’ ‘” Lyn said.
The Silk Road holds a storied position in Bitcoin’s history. Named after the ancient trade routes that connected East to West, the online emporium became the currency’s first proven link to the world of internet commerce (it even introduced some of some well-known crypto folk to bitcoin). Anonymized shoppers could buy anything from fake IDs to opioids, or really any narcotic, as well as spyware and hitmen. For Ulbricht, the innovation wasn’t what was sold, but how: by means of voluntary exchange.
“What we’re doing isn’t about scoring drugs or ‘sticking it to the man.’ It’s about standing up for our rights as human beings and refusing to submit when we’ve done no wrong,” the Silk Road founder, then operating under the pseudonym Dread Pirate Roberts, said in an interview with Forbes.
Despite his alleged crimes, Ulbricht has become a folk hero in libertarian and crypto circles. “Ross is an amazing entrepreneur who helped make the world a better place,” Roger Ver, founder of Bitcoin.com, said in a direct message. Ver is one among thousands of supporters who have fomented a movement seeking to liberate Ulbricht (with the hashtag #freeross).
And the coronavirus crisis could accelerate this process. “It certainly doesn’t seem like it can hurt his cause,” Ver said.
Close, unsanitary quarters are hotbeds for viral infection. Worse, throughout the pandemic, prisoners have had limited access to protective or hygienic products, and, sometimes, lack basic medical care. These conditions have activists, politicians and even Attorney General William Barr calling for the temporary release of at-risk populations. Others are pushing harder for the amnesty of all non-violent offenders.
The call for criminal justice reform amid a global pandemic echoes the issues the Free Ross campaign has been championing for years.
“There’s been a lot more attention brought to the subject [of prison reform],” said Lyn Ulbricht. “There are many people serving horrific sentences in our country now for nonviolent crimes. It shouldn’t be like that. We’re the biggest incarcerator in the world. That’s a national disgrace.”
Lyn Ulbricht is the organizing force behind the loosely coordinated campaign seeking her son’s release. In 2013, when the 29-year-old Ulbricht was arrested, she created the FreeRoss.org website to raise awareness and funds for his bail – which was ultimately rebuked.
In 2015, ahead of and during the 11 week trial held at the Southern District of New York, Lyn spoke frequently at conferences, to media and online arguing that Ross’s case had wide implications for the future of internet commerce, first and fourth amendment rights and criminal justice.
Then in 2017, after the U.S. Court of Appeals for the Second Circuit upheld Ross’s conviction and sentence – essentially eliminating any chance of legal recourse – she began seeking clemency through political means. This effort has culminated in a series of petitions directed at President Trump, asking him to pardon Ross. The most recent petition has received over 280,00 signatures.
Many who agitate on Ross’s behalf see his case as representative of the totality of crimes committed through mass incarceration and the prison industrial complex.
“We should support anyone who is being persecuted for victimless crimes,” Roger Ver, Bitcoin.com founder, said. “The police, prosecutors and judges are the ones who are the criminal aggressors in this case, and the world should speak out against them just like we now speak out against the runaway slave catchers of the past.”
While Ver had donated hundreds of thousands of dollars to the “Freedom Fund” – “he made it possible for us to go to trial,” Lyn said – he remains pessimistic about the political process. “Begging the system that put him in prison to now take him out seems like an uphill battle,” he said. This is something Lyn Ulbricht reluctantly admits.
Despite her efforts to reach the Trump administration, his family and even Kim Kardashian – who successfully lobbied the president to release a 63-year-old woman serving a life sentence for a nonviolent drug conviction – she has had little success.
“It’s difficult to coordinate efforts. I’ve tried to reach out, but it’s not easy to get to them,” she said. While she thinks Trump has shown an inclination to reform the justice system with the First Step Act, “it’s a matter of convincing President Trump this is something that is worthy of his attention and mercy.”
That doesn’t mean she lacks hope. Trump makes instinctual decisions, she said, adding, “anyone who looks at the sentence can see it’s wrong.” Ulbricht was a first-time offender, convicted on non-violent charges in a trial that shows some signs of malpractice. The charges listed in Ross’s original indictment would’ve, at minimum, landed him a 30-year prison sentence.
A more lenient sentence would be in line with what busted merchants on the Silk Road have been handed. Not to mention the former U.S. Secret Service agent who skimmed bitcoin from the site while participating in federal investigation to uncover its founder. Instead, Ulbricht received a punishment Lyn argues is unconstitutional.
“The Eighth Amendment says no cruel or unusual punishment and this is very unusual for a first time nonviolent offender, and it’s certainly cruel,” she said. While the conviction has opened her mind to the possible injustices of the law, it’s something all her hopes are tied to.
“[Trump] can sign a piece of paper and Ross would walk out the door,” she said.
Criminal justice reform
Seven years ago, Ulbricht found himself behind bars at New York’s Metropolitan Detention Center while awaiting trial. Today, this municipal prison system has an infection rate of more than 9 percent, according to the Legal Aid Society. This is compared to the 2 percent infection rate on the city’s streets.
Prisoners across the country report they are unable to practice social distancing or even properly wash their hands. Found wanting before the outbreak, prison medical care is reportedly incapable of managing a prison outbreak. In a memo to the Bureau of Prisons, Attorney General Barr confirmed that the virus is “materially affecting operations,” and called for the release of vulnerable and at-risk inmates to home confinement.
Still, there is not a consistent national approach to manage the crisis in prisons, nor federal guidelines to determine which inmates may be eligible for temporary release. And it doesn’t seem like guidance will come soon, with Trump decrying the proactive release of elderly and infirm prisoners, calling them “very serious criminals” at a White House Coronavirus Task Force briefing earlier this month.
It’s in this landscape that reformist policies begin to make sense. A 2016 report showed that nearly 40 percent of people in state and federal prisons were incarcerated without provably presenting a danger to their communities. That means these sentences are “strictly punitive, not correctional,” Lyn Ulbricht said.
During Ross’s bail hearing, prosecutors said he operated “the most sophisticated and extensive criminal marketplace on the internet today.” And while the prosecution often brought the accusation that he had hired hitmen, Ulbricht is and was, technically, a non-violent offender. A number of eminent scholars, lawyers and celebrities have weighed in, calling the sentence “a shocking miscarriage of justice,” to use Noam Chomsky’s words.
Still young at 36, healthy and without any underlying conditions, it’s unlikely that Ulbricht will be released to home confinement during the pandemic. Instead, he, like the majority of the 2.3 million people incarcerated in federal, state and local prisons, jails and other correctional facilities across the country, will spend 22 hours a day “in his cage with his cellmate,” as a precautionary measure, Lyn said.
Lyn has moved three times since 2013 to be closer to Ross so she can make weekly visits. These visits too are also on hold for the foreseeable future, and it’s unclear when these restrictions will be lifted. The federal Bureau of Prisons has not responded to a request for comment.
“He can be under house arrest here with me with an ankle brace on,” Lyn said. “He’s not a dangerous person.”