The thing is, because he was fully pardoned, Ulbricht didn't commit any crime. His BTC, then, isn't subject to seizure, and he should get every satoshi back. Hell, they should pay interest on it. LOL
But, yeah, they're gonna keep it.
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I mean I'd love to see him sue the DoJ for it that would be hilarious.
Hell there may be lawyers hitting him up just for the opportunity.