There is an “innocent owner” defense to civil forfeiture, where an individual can claim innocent ownership to property. The burden is on the innocent owners to prove that their stake in the property is unconnected to the underlying criminal activity.
 Because Ulbricht claimed an ownership interest in his personal bitcoin stash, the forfeiture proceeding with respect to those bitcoins remains pending. Ulbricht has pled not guilty to the charges against him, claiming even that he is not the Dread Pirate Roberts as is alleged. No individual owners claimed ownership interests in the roughly 30,000 BTC seized from Silk Road user wallets, which is why the civil forfeiture for those bitcoins has gone through.