Statement from Joshua Dratel, attorney

Thursday, Ross’s attorneys will file pre-trial motions aimed at the Superseding Indictment, The defense will move to dismiss all four narcotics charges in the Superseding Indictment because the prosecution presents wholly inconsistent theories as to Mr. Ulbricht’s alleged role in those offenses  – arguing in Count Four that Mr. Ulbricht is a drug “kingpin,” and in the remaining counts that he was aiding and abetting others.  The government must choose between these irreconcilable theories.

By positing inconsistent theories the prosecution takes a position entirely antithetical to the truth-seeking process; fails to adhere to the basic tenets of fundamental fairness in the judicial process; and violates Mr. Ulbricht’s due process rights.

The motions will also apply Mr. Ulbricht’s prior challenges to the initial Indictment to the new counts, and request additional particulars from the government as to the new charges alleged.