
A landmark crypto fraud case involving two brothers accused of stealing $25 million through an alleged Ethereum exploit has ended without a verdict.
Key points to remember:
- A US judge has declared a mistrial in the landmark MEV fraud case against brothers Anton and James Peraire-Bueno.
- Prosecutors accused the two of exploiting Ethereum’s validation layer, calling it a “first exploit of its kind.”
- However, the defense argued that their actions were consistent with the network’s internal rules.
After three days of deliberations, a tired and divided jury on Friday forced U.S. District Judge Jessica Clarke to declare a mistrial.
First-ever MEV criminal case targets brothers accused of mining Ethereum
The case against Anton and James Peraire-Bueno marked the first criminal prosecution focused on maximum extractable value (MEV), a practice in which traders take advantage of the way transactions are ordered on Ethereum.
Prosecutors claimed the brothers went beyond normal MEV tactics, exploiting Ethereum’s validation layer to rearrange transactions and siphon funds.
The Justice Department called it a “first-ever exploit of its kind,” accusing the two men of undermining “the very integrity of the Ethereum blockchain.”
But the highly technical nature of the case and the difficulty of adapting blockchain mechanisms to traditional fraud laws left jurors in a bind.
“We have debated with every open member… We are no closer to a unanimous decision. We are under pressure. Some have cried. Many have not slept,” the jury wrote in its final note, according to Inner City Press.
Prosecutors urged Judge Clarke to resume deliberations or replace an outgoing juror, but she refused. “This is their eleventh note, no progress. I’m going to declare a mistrial,” Clarke ruled.
The government must now decide whether to retry the case, seek a plea deal or dismiss the charges altogether.
Tensions reportedly increased when prosecutors suggested that jurors could convict even if the defendants did not realize their actions were illegal, an assertion the defense called “outrageous.”
The defense insisted that intent, or mens rea, had to be proven. Judge Clarke sided in part with prosecutors, telling jurors that “unlawful aim means bad aim” and that knowledge of the illegality was not required.
Observers say the mistrial highlights the growing tension between crypto’s open architecture and legal interpretations of fraud.
“This case was born out of ignorance and fear,” attorney Carl E. Volz wrote in DL News, calling it “a hangover from Biden-era hyper-skepticism about crypto.”
The brothers claim they operated under Ethereum’s rules. Supported by Coin Center, their defense argues that punishing non-standard validation methods “recalibrates blockchain incentives” and risks destabilizing the system.
Growing MEV Threat Challenges Blockchain Scalability
MEV mining has become a dominant threat to blockchain scalability, according to a recent study by Flashbots.
According to a report covered by Cryptonews in June, MEV bots now consume 40% of all block space on Solana and more than half of the gas consumption on Ethereum stacks, such as Base and OP Mainnet.
The Peraire-Bueno case represents the first criminal prosecution for manipulation of the MEV; however, similar exploits continue to occur on various networks.
A breach of the Ronin network in August 2024 initially appeared malicious, but was later revealed to be a white hat operation, with the hacker returning $9.8 million after discovering a vulnerability in the bridge.
Recent data from EigenPhi shows that more than 81,000 users have fallen victim to sandwich attacks in the last 30 days alone.
High-profile Ethereum MEV fraud trial collapses as judge declares mistrial appeared first on Cryptonews.


