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[return to "Ross Ulbricht granted a full pardon"]
1. bdhcui+E9[view] [source] 2025-01-22 01:23:47
>>Ozarki+(OP)
Will he get his possesions back then?

50,676 bitcoins, today valued at 5,3 billion USD.

https://www.justice.gov/usao-sdny/pr/us-attorney-announces-h...

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2. arctic+Ge[view] [source] 2025-01-22 01:55:22
>>bdhcui+E9
No, generally a pardon does not eliminate any civil liability or entitle you to refunds once the assets have been transferred to Treasury. He would still have to answer Yes to having been convicted of a felony and he would still not be entitled to vote in states that do not permit felons to vote.

> Where a person has paid a monetary penalty or forfeited property, the consequences of a pardon depend in part on when it was issued. If a monetary fine or contraband cash has been transferred to the Treasury, a pardon conveys no right to a refund, nor does the person pardoned have a right to reacquire property or the equivalent in cash from a legitimate purchaser of his seized assets or from an informant who was rewarded with cash taken from the pardoned person before he was pardoned.

https://www.brookings.edu/articles/presidential-pardons-sett...

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3. joerin+wg[view] [source] 2025-01-22 02:08:02
>>arctic+Ge
This is obviously incorrect. Actually pardon means the charges filed has been voided, hence anything happening afterwards has had no merits and court decisions made are now rendered moot. For example, Roger Stone was charged and found guilty of multiple crimes and Trump pardoned him; he still brandish guns and was "proudly voting Trump" in 2024 in state of Florida. Getting pardon is literally like it never happened in the first place.
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4. arctic+Bh[view] [source] 2025-01-22 02:15:11
>>joerin+wg
The pardon can restore certain rights in some cases, I'm not entirely familiar with the Stone shenanigans, but knowing the parties involved I can't assume that Stone was legally entitled to do what he did after the pardon, and maybe he was.

That said, the recovery of assets after transfer to Treasury is settled law. [1]

> More broadly, the Court ruled in several cases during this period that pardons entitled their recipients to recover property forfeited or seized on the basis of the underlying offenses, so long as vested third-party rights would not be affected and money had not already been paid into the Treasury (except as authorized by statute).

Was covered in Osborne v. United States, Knote v. United States, In re: Armstrong's Foundry, Cent. R.R. v. Bosworth and Jenkins v. Collard

Subsequent cases make it clear that the offense is not in fact "gone."

> ... the Court in Burdick stated that a pardon “carries an imputation of guilt; acceptance a confession of it."

> ... then, in Carlesi v. New York, the Court determined that a pardoned offense could still be considered “as a circumstance of aggravation” under a state habitual-offender law, reflecting that although a pardon may obviate the punishment for a federal crime, it does not erase the facts associated with the crime or preclude all collateral effects arising from those facts.

The court holds that it is not in fact as if it never happened.

[1] https://www.law.cornell.edu/constitution-conan/article-2/sec...

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