Us Prosecutors Oppose Defi Education Fund Brief Ahead Of Potential...
The possible retrial of two brothers alleged to have exploited the Ethereum blockchain could come soon, but the US government argued one amicus brief isn't relevant to consider.
The US government has filed a letter opposing the introduction of an amicus brief from the digital asset advocacy group DeFi Education Fund as the court considers a possible retrial for two brothers allegedly behind a $25 million exploit of the Ethereum blockchain.
In a Tuesday filing in the US District Court for the Southern District of New York, interim US 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,” said Clayton, referring to the DeFi Education Fund’s amicus brief, adding:
In November, Clarke declared a mistrial in the case after jurors failed to agree on whether to convict or acquit the brothers, alleged to have committed the exploit using automated maximal extractable value (MEV) bots. Within a week, the US government requested the court schedule a retrial for the brothers “as soon as practicable in late February or early March 2026.”
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According to a proposed draft of the DEF brief filed on Dec. 19, the organization supported the motion to acquit or dismiss the indictment, arguing that the case had “broader implications” for the industry.
“[P]rosecutions like this one bring ambiguity and fear to software developers, chilling participation in DeFi and driving participants abroad,” said DEF, adding: “The DOJ should not get ahead of prospective lawmaking by bringing indictments based on ill-fitting interpretations of existing law, which will stifle growth by sowing confusion about the governing rules.”
Cointelegraph reached out to the DeFi Education Fund for comment, but had not received a response at the time of publication.
With the future of the Peraire-Bueno brothers uncertain, many in the crypto industry are still looking to how the case could affect MEV-related activities.
Source: CoinTelegraph
