ChatGPT answer:
An
unconditional presidential pardon typically
restores civil rights and
removes legal penalties associated with a federal conviction, but it
does not automatically require the government to return seized assets that were forfeited as proceeds of a crime. Here's why:
1. Presidential Pardons and Forfeited Assets
- A presidential pardon only applies to federal offenses and erases the legal consequences of a conviction. However, it does not reverse asset forfeiture unless explicitly stated in the pardon.
- Asset forfeiture laws (such as the Civil Asset Forfeiture Reform Act of 2000) allow the government to seize and liquidate assets that are determined to be the proceeds of criminal activity.
- Once forfeited through a civil or criminal forfeiture proceeding, the assets belong to the U.S. government and are typically auctioned or liquidated.
2. Precedents on Asset Return After a Pardon
- There are no major legal precedents where a presidential pardon automatically resulted in the return of forfeited assets.
- Even in high-profile cases, individuals who received pardons did not get back forfeited money or property.
- The only way assets might be returned is through direct presidential order or separate legal action challenging the forfeiture.
3. Does a Pardon Nullify Forfeiture?
- No, because criminal forfeiture is independent of the conviction itself.
- Forfeiture is considered "an action against the property," not against the person. Even if someone is pardoned, the government can argue that the property was lawfully forfeited due to its connection to illegal activities.
4. Can Ross Ulbricht Get His BTC Back?
- The 144,336 BTC seized from him in 2013 was sold at government auctions and is no longer held by the government.
- His pardon does not automatically restore forfeited assets.
- If Ulbricht wishes to reclaim any remaining funds, he would likely have to file a lawsuit arguing that the forfeiture was unlawful, which would be very difficult to win.
Key Takeaway
Even with a full presidential pardon, assets that were
seized and forfeited as criminal proceeds remain
government property, unless there is a separate court ruling or executive action specifically reversing the forfeiture.
Sources:
1. Department of Justice. (2022, November 7). U.S. Attorney announces historic $3.36 billion cryptocurrency seizure and conviction in connection with Silk Road dark web fraud. U.S. Department of Justice.
U.S. Attorney Announces Historic $3.36 Billion Cryptocurrency Seizure And Conviction In Connection With Silk Road Dark Web Fraud
2. Greenberg, A. (2025, January 21). Trump frees Silk Road creator Ross Ulbricht after 11 years in prison. WIRED.
Trump Frees Silk Road Creator Ross Ulbricht After 11 Years in Prison
3. Daily Hodl Staff. (2025, January 22). Bitcoin wallets left behind by Ross Ulbricht before prison sentence still hold $47,000,000 in BTC: Coinbase executive. The Daily Hodl.
Bitcoin Wallets Left Behind by Ross Ulbricht Before Prison Sentence Still Hold $47,000,000 in BTC: Coinbase Executive - The Daily Hodl