The U.S. government has filed a letter opposing the launch of an amicus transient by digital asset advocacy group DeFi Education Fund because the court considers a possible retrial against two brothers allegedly behind a $25 million Ethereum blockchain exploit.
In a filing Tuesday within the U.S. District Court for the Southern District of New York, interim U.S. Attorney Jay Clayton sent a letter to Judge Jessica Clarke asking not to just accept a transient from the DeFi Education Fund (DEF) while the court considers a motion to dismiss the case against Anton and James Peraire-Bueno.
“Detached from the trial record, the transient simply sets forth legal arguments which have already been rejected by this court,” Clayton said, referring to the DeFi Education Fund’s amicus transient. He added:
“Here, the Court has already decided the legal issues presented within the amicus transient, and DEF doesn’t offer clear information relevant to the pending motion before the Court. DEF's submission is unlikely to help the Court in considering the precise issues.” [over a motion to acquit].” Source: PACER
In November, Clarke declared the trial invalid after jurors couldn’t agree on whether to convict or acquit the brothers for allegedly carrying out the exploit using automated Maximum Extractable Value (MEV) bots. Within per 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 proposed draft DEF transient filed Dec. 19, the organization supported the motion to acquit or dismiss the fees, saying the case has “broader implications” for the industry.
“[P]Rosecuttings like these bring confusion and fear to software developers, discourage participation in DeFi, and drive participants overseas,” DEF said, adding: “DOJ mustn’t preempt future laws by bringing charges based on inappropriate interpretations of existing laws that stifle growth by sowing confusion in regards to the applicable rules.”
Cointelegraph reached out to the DeFi Education Fund for comment but didn’t receive a response on the time of publication.
The crypto industry comments on the impact of the case
With the longer term of the Peraire-Bueno brothers uncertain, many within the crypto industry are still wondering how the case could impact MEV-related activities.
Crypto advocacy organization Coin Center filed an amicus transient through the criminal case opposing the U.S. government's theory within the case. Prosecutors also requested that the court not accept the transient.
The brothers were initially charged with conspiracy to commit wire fraud, money laundering and conspiracy to receive stolen property. If retried on the identical charges and located guilty on each count, they may resist 20 years in prison.
