The US government has filed a letter opposing the introduction of an amicus brief from digital asset advocacy group DeFi Education Fund as the court considers a possible retrial for two brothers allegedly behind a $25 million Ethereum blockchain exploit.
In a filing Tuesday in the U.S. District Court for the Southern District of New York, Acting U.S. Attorney Jay Clayton submitted a letter to Judge Jessica Clarke requesting that a brief from the DeFi Education Fund (DEF) not be accepted while the court considers a motion to dismiss the case against Anton and James Peraire-Bueno.
“Detached from the trial record, the brief merely recites legal arguments already rejected by this Court,” Clayton said, referring to the DeFi Education Fund’s amicus brief, adding:
“Here, where the Court has already ruled on the legal issues presented in the case amicus brief and DEF offers no unique information relevant to the application pending before the Court, DEF’s submissions are not likely to assist the Court in considering the particular issues (on a motion for acquittal).
In November, Clarke declared the case a mistrial after jurors failed to agree on whether to convict or acquit the brothers, who were accused of carrying out the feat using automated Maximum Extractable Value (MEV) robots. Within a week, the U.S. government asked the court to schedule a retrial for the brothers “as soon as possible, in late February or early March 2026.”
According to a draft DEF brief filed Dec. 19, the organization supported the motion to acquit or dismiss the indictment, arguing that the case had “broader implications” for the industry.
“(P)ulsuits like this bring ambiguity and fear to software developers, crippling participation in DeFi and driving participants overseas,” DEF said, adding: “The DOJ should not pre-empt the bills by issuing indictments based on inappropriate interpretations of existing law, which would stifle growth by sowing confusion about the rules in place.”
Cointelegraph reached out to the DeFi Education Fund for comment but did not receive a response at the time of publication.
The crypto industry weighs in on the implications of the case
With the future of the Peraire-Bueno brothers uncertain, many in the crypto industry are still wondering how the case could affect MEV-related business.
Cryptocurrency advocacy organization Coin Center filed an amicus brief during the criminal trial, opposing the U.S. government’s theory of the case. Prosecutors also asked the court not to accept the brief.
The brothers were initially charged with conspiracy to commit wire fraud, money laundering and conspiracy to receive stolen property. If they are retried on the same charges and found guilty, they could be sentenced to up to 20 years in prison on each count.
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