Case Law Database

Participation in an organized criminal group

Offences

• Agreement to commit a serious crime (conspiracy)

Degree of Involvement

• Overt act in furtherance of agreement

United States of America v. Ferrer, No. 218-CR-00464-DJH (D. Ariz. April 5, 2018)

Fact Summary

Carl Allen Ferrer, the CEO and one of the co-founders of Backpage, a now defunct online classified advertisement site, pled guilty to “conspiracy to commit offence or to defraud United States” in violation of 18 U.S.C. § 371. In his plea agreement, he acknowledged that the majority of revenue for the site came from illegal advertisements and that Backpage used bank accounts for shell companies and cryptocurrency processing companies (i.e., CoinBase, Crypto Capital, GoCoin, Kraken, and Paxful) to conceal the source of its revenue. He also acknowledged in his plea agreement that he conspired to sanitize advertisements by removing words and photos that were indicative of prostitution. As part of the plea deal, Ferrer is required to forfeit the company’s assets and property, take all the steps in his power to permanently shut down Backpage, and testify that Backpage engaged in money laundering and facilitated prostitution. At the time of writing, he has not yet been sentenced.

Commentary and Significant Features

This case involves the prosecution of an Internet intermediary, Backpage, that was involved in the commission of serious crimes. Particularly, Backpage facilitated crimes such as money laundering and the facilitation of prostitution.

In addition to the defendant, in a separate case, a “sales and marketing director” of Backpage, D.H., also pled guilty to conspiracy to facilitate prostitution in a scheme that was designed to provide free advertisements to sex workers in order to draw them away from Backpage’s competitors. The trials of another six persons affiliated with Backpage (M.L, J.L. S.S., J.B., A.P., and J.V), which include the other two co-founders of Backpage (M.L and J.L.), were postponed until 2021.

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)

Investigation Procedure

Confiscation and Seizure

Seized Property

In addition to USD bank accounts, cryptocurrencies, and other financial instruments, property, including domain names, servers, real property, intellectual property, and other corporate assets and property, was seized.

 

Legal Basis

18 U.S.C. § 981(a)(1)(C)

 

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
Accused were tried:
separately (parallel trials)
 
 
Proceeding #1:
  • Stage:
    first trial
  • Official Case Reference:
    United States of America v. Ferrer, No. 2:18-CR-00464-DJH (D. Ariz. April 5, 2018)
  • Court

    Court Title

    United States District Court for the District of Arizona

     

    Location

  • City/Town:
    Phoenix
  • Province:
    Arizona
  • • Criminal

    Description

    The defendant entered into a plea agreement. At the time of writing, the defendant has not been sentenced.

     

    Defendants / Respondents in the first instance

    Number of other accused:
    7
    Defendant:
    Carl Allen Ferrer
    Gender:
    Male
    Nationality:
    American

    The defendant was the CEO and co-founder of Backpage.

    Charges / Claims / Decisions

    Defendant:
    Carl Allen Ferrer
    Legislation / Statute / Code:

    18 U.S.C. § 371

    Charge details:

    Conspiracy to commit offense or to defraud United States

    Verdict:
    Guilty

    Court

    United States District Court for the District of Arizona

    Sources / Citations

    United States of America v. Ferrer, No. 2:18-CR-00464-DJH, Information, Plea Agreement, Transcript of the Plea Hearing, Prelimary Forfeiture Order (D. Ariz., 2018)