U.S. prosecutors oppose the adoption of DeFi Education Fund's amicus brief; Ethereum MEV case may be retried

Odaily reported that U.S. prosecutors have submitted a letter to the Federal District Court for the Southern District of New York, opposing the court's consideration of an amicus brief submitted by the digital asset advocacy organization DeFi Education Fund in a case related to Ethereum MEV.

Acting U.S. Attorney Jay Clayton stated in a document addressed to Judge Jessica Clarke that the brief "departs from the trial record and merely repeats legal arguments previously rejected by the court," and therefore should not be accepted. The case involves two brothers, Anton and James Peraire-Bueno, who are accused of exploiting a vulnerability on Ethereum using automated MEV bots to the tune of approximately $25 million.

Previously, in November, the court declared a mistrial after the jury failed to reach a unanimous verdict of guilty or not guilty. Subsequently, the U.S. government requested the court to arrange a retrial as soon as possible in late February or early March 2026.

According to a draft of the brief 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. Prosecutors, however, believe these arguments do not provide any new legal basis.

Currently, the direction of the case remains unclear. If the brothers are convicted of the same charges in the retrial, they could each face up to 20 years in prison for each count. The outcome of the case is also seen within the industry as an important indicator for MEV practices and related compliance boundaries. (Cointelegraph)