According to ChainCatcher, U.S. prosecutors have filed a letter with the U.S. District Court for the Southern District of New York opposing the court's decision to accept an amicus brief submitted by the DeFi Education Fund, a digital asset advocacy organization, when considering whether to reopen a case related to Ethereum MEV.
In a filing with Judge Jessica Clarke, U.S. Interim Counsel Jay Clayton stated that the opinion "deviates from the trial record and merely repeats legal arguments previously rejected by the court" and should not be adopted. The case involves brothers Anton and James Peraire-Bueno, accused of exploiting approximately $25 million worth of vulnerabilities on Ethereum using automated MEV robots. Previously, in November, the court declared a mistrial because the jury failed to reach a unanimous verdict. Subsequently, the U.S. government requested the court to schedule a retrial as soon as possible in late February or early March 2026.
According to a draft opinion submitted by DEF on December 19, the organization supports dismissal or acquittal, arguing that such prosecutions would create uncertainty and fear for DeFi developers, potentially stifling industry innovation and forcing participants to leave the sector. The prosecution, however, argues that these views do not provide new legal grounds. The outcome of the case remains unclear. If the two brothers are convicted on the same charges in a retrial, they could face up to 20 years in prison for each charge. The case's outcome is also seen by the industry as having significant implications for MEV behavior and related compliance boundaries.
