US prosecutors asked a federal judge to reject a DeFi Education Fund brief as the court reviews whether a retrial will move forward in an MEV case tied to a $25 million Ethereum exploit.
In a Tuesday filing in the US District Court for the Southern District of New York (SDNY), interim US Attorney Jay Clayton sent a letter to Judge Jessica Clarke. He asked the court not to accept the amicus brief from the DeFi Education Fund while the judge considers a pending motion in the MEV case involving the Peraire-Bueno brothers, Anton Peraire-Bueno and James Peraire-Bueno.
Clayton wrote that the DeFi Education Fund brief does not help the court. “Detached from the trial record, the brief merely recites legal arguments already rejected by this Court,” he said, according to the filing.
Clayton also argued the DeFi Education Fund brief offers nothing unique for the motion now before the court. “Here, where the Court has already ruled on the legal issues presented in the amicus brief and DEF does not offer any unique information relevant to the pending motion before the Court, DEF’s submission is not likely to aid the Court’s consideration of the particular issues [over a motion to acquit],” he added.
Source: PACER
MEV case retrial request follows November mistrial
The dispute over the DeFi Education Fund brief follows a mistrial in the MEV case. In November, Judge Jessica Clarke declared a mistrial after jurors could not agree on whether to convict or acquit the Peraire-Bueno brothers, according to the report.
The US government later asked the court to schedule a retrial quickly. Within a week, prosecutors requested a new trial date “as soon as practicable in late February or early March 2026,” the report said.
The brothers face allegations tied to an Ethereum exploit that prosecutors say involved automated maximal extractable value (MEV) bots. In simple terms, MEV bots are programs that try to profit from how transactions get ordered on a blockchain.
As the court weighs the next step in the MEV case, US prosecutors say the DeFi Education Fund brief should not become part of what the judge reviews.
DeFi Education Fund brief argues broader impact on DeFi developers
A proposed draft of the DeFi Education Fund brief, filed on Dec. 19, backed a motion to acquit or dismiss the indictment, according to the report. The group said the MEV case creates wider uncertainty for the industry.
“[P]rosecutions like this one bring ambiguity and fear to software developers, chilling participation in DeFi and driving participants abroad,”
the DeFi Education Fund brief said.
The group also criticized how the government applied current law to the Ethereum exploit claims.
“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,”
the brief added.
Cointelegraph said it contacted the DeFi Education Fund for comment, but it reported no response at the time of publication.
Other amicus brief filings also target MEV case legal theory
The DeFi Education Fund brief is not the only outside filing tied to the MEV case. The report said crypto advocacy group Coin Center filed an amicus brief during the criminal trial that challenged the government’s legal theory.
Prosecutors also asked the court not to accept the Coin Center amicus brief, according to the report. That dispute added to the legal fight over what materials the judge should weigh.
The court now focuses on motions and retrial planning rather than new evidence. In that context, US prosecutors argue the DeFi Education Fund brief does not belong in the record the court uses.
Ethereum exploit charges carry up to 20 years per count
The brothers initially faced charges of conspiracy to commit wire fraud, money laundering, and conspiracy to receive stolen property, according to the report.
If a retrial happens in the MEV case and a jury convicts the Peraire-Bueno brothers on the same charges, sentencing could reach up to 20 years in prison for each count, the report said.
The court has not finalized the retrial schedule. However, prosecutors have already asked
for a timeline in late February or early March 2026, while they push to keep the DeFi Education Fund brief out of consideration in the MEV case.
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Tatevik Avetisyan is an editor at Kriptoworld who covers emerging crypto trends, blockchain innovation, and altcoin developments. She is passionate about breaking down complex stories for a global audience and making digital finance more accessible.
📅 Published: December 31, 2025 • 🕓 Last updated: December 31, 2025
