U.S. prosecutors request exclusion of DeFi Education Fund's brief ahead of MEV case retrial

U.S. prosecutors have opposed the adoption of an amicus brief submitted by the DeFi Education Fund (DEF) in the case against the Peraire-Bueno brothers, who are accused of abusing the Ethereum network to obtain roughly $25 million in gains.

According to Cointelegraph on the 24th (local time), Jay Clayton, acting U.S. Attorney for the Southern District of New York, submitted a letter to Judge Jessica Clarke asking that the court not accept DEF's brief in considering motions to dismiss or for acquittal in the cases against Anton Peraire-Bueno and James Peraire-Bueno.

In the letter, Acting U.S. Attorney Clayton said, "The brief repeats legal arguments already rejected by the court, separated from the trial record," and "it does not materially assist the court's consideration of the pending motions to dismiss or for acquittal."

Earlier, Judge Clarke declared a mistrial in November of last year after the jury failed to reach a unanimous verdict. The U.S. government then requested a retrial and proposed a trial date in late February or early March 2026. The brothers are accused of manipulating the Ethereum blockchain using automated maximal extractable value (MEV) bots.

In a draft amicus brief submitted on December 19 of last year, DEF argued the case could have significant implications for the broader DeFi industry. DEF said, "Such prosecutions create uncertainty and chilling effects for software developers, discouraging participation in DeFi and encouraging relocation overseas," and "the Department of Justice should not preempt forthcoming legislative discussions by prosecuting based on strained interpretations of existing law."

Meanwhile, concerns from the crypto industry have continued. Crypto policy group Coin Center also filed a brief opposing the government's legal theory in the trial process, but prosecutors have opposed its adoption as well. The Peraire-Bueno brothers have been charged with conspiracy to commit wire fraud, money laundering, and conspiracy to receive stolen property, among other charges, and if convicted on the same charges could face up to 20 years per count.