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I think it is going to be really interesting to see how this all plays out, as I imagine that Carl Ferrer will have the resources to mount a significant defense.
I would expect that the defense would point out that users must agree they will not use the site to violate any laws, and show how ads that they find are for an illegal service are removed. Further, they have legal precedent that can point to where courts have ruled that website operators are not responsible for the criminal conduct of their users.
The prosecution will have to try to show that Carl Ferrer was aware of the criminal use, and allowed it to continue, taking no steps to prevent it, or that the primary purpose of the site was to facilitate criminal activity to begin with. As these are criminal charges, the burden of proof is quite high.
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