US Government Opposes DeFi Education Fund’s Amicus Brief in $25M Ethereum Exploit Case
The U.S. government has filed a letter opposing the launch of an amicus brief by digital asset advocacy group DeFi Education Fund as the court considers a possible retrial against 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, interim U.S. Attorney Jay Clayton sent a letter to Judge Jessica Clarke asking not to accept a brief from the DeFi Education Fund (DEF) while the court considers a motion to dismiss the case against Anton and James Peraire-Bueno.
According to Clayton, the brief “simply sets forth legal arguments that have already been rejected by this court.” He added: “Here, the Court has already decided the legal issues presented in the amicus brief, and DEF does not offer clear information relevant to the pending motion before the Court. DEF’s submission is unlikely to assist the Court in considering the specific issues.” 
Source: PACER. In November, Clarke declared the trial invalid after jurors could not agree on whether to convict or acquit the brothers for allegedly carrying out the exploit using automated Maximum Extractable Value (MEV) bots. 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.”
Crypto Industry Weighs in on the Case
A proposed draft DEF brief filed Dec. 19 supported the motion to acquit or dismiss the charges, 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 should not preempt future legislation by bringing charges based on inappropriate interpretations of existing laws that stifle growth by sowing confusion about the applicable rules.”
Cointelegraph reached out to the DeFi Education Fund for comment but did not receive a response at the time of publication. Crypto advocacy organization Coin Center filed an amicus brief during the criminal case opposing the U.S. government’s theory in the case. Prosecutors also requested that the court not accept the brief.
Possible Implications and Outcomes
The brothers were initially charged with conspiracy to commit wire fraud, money laundering and conspiracy to receive stolen property. If retried on the same charges and found guilty on each count, they could face up to 20 years in prison. With the future of the Peraire-Bueno brothers uncertain, many in the crypto industry are still wondering how the case could impact MEV-related activities.
For more information on this case and its potential implications for the crypto industry, visit https://cointelegraph.com/news/us-government-defi-education-fund-amicus-mev-bot-retria?utm_source=rss_feed&utm_medium=rss_tag_regulation&utm_campaign=rss_partner_inbound
