US Prosecutors Oppose Adoption of DeFi Education Fund Amicus Brief, Ethereum MEV Case May Face Retrial

According to reports, US prosecutors have submitted a letter to the federal court in the Southern District of New York opposing the court's consideration of adopting the amicus brief submitted by the digital asset advocacy organization DeFi Education Fund in a potential retrial of an Ethereum MEV-related case.

Interim US Attorney Jay Clayton stated in the document addressed to Judge Jessica Clarke that the brief 'strays from the trial record, merely reiterating legal arguments previously rejected by the court' and should not be accepted. The case involves brothers Anton and James Peraire-Bueno, accused of exploiting vulnerabilities on Ethereum through automated MEV bots to the tune of around $25 million.

Previously in November, the court declared a mistrial as the jury failed to reach a unanimous verdict. Subsequently, the US government requested the court to schedule a retrial in late February or early March 2026.

According to the draft amicus brief submitted by DEF on December 19, the organization supports dismissal or acquittal, believing such prosecutions could bring uncertainty and fear to DeFi developers, potentially stifling industry innovation and driving participants away. Prosecutors, however, argue that these views do not provide new legal grounds.

Currently, the outcome of the case remains uncertain. If the brothers are convicted of the same charges in the retrial, they could face up to 20 years in prison per count. The case's outcome is also seen as having significant implications for MEV activities and related compliance boundaries within the industry.

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