Figured if I'm being vocal about this, I might as well be vocal about it here as well.
Safe-Mail is tapped!
I don't know where it got into people's heads that Safe-Mail was okay to use for communications, but it absolutely isn't, and the court documents from the BTCKing/BitInstant indictment show that.
http://www.scribd.com/doc/202555785/United-States-vs-Charles-Shrem-and-Robert-M-Faiella - bottom of page 11 / page 12.
TMYK ===*
I think that you are reading the indictment incorrectly.
It says (in the section you pointed to):
As far as I can see, the cash processor email account is not listed. It's just saying that they found emails from these safe-mail addresses in the cash processor's email account.
That being said, any email company that operates in the open with a non-hidden server is going to have to follow the orders of the legal system where they are located, or go to jail. (safe-mail.net is in Israel.)
The only reason to use safe-mail.net is because it's easy to create a free account over Tor. Other services require some sort of ID, like a cellphone number if you sign up through Tor.
All of your communications through safe-mail or any other email service should be encrypted with PGP.