US seeks to block the DeFi Education Fund’s amicus brief as a retrial for an Ethereum MEV exploit case approaches.
The government argued the brief provides no new insights. Two brothers accused of using MEV bots to steal $25 million may face a retrial in early 2026.
Government challenges DeFi Education Fund submission
The US government requested that the Southern District of New York decline the DEF brief while reviewing a motion to dismiss claims against Anton and James Peraire-Bueno. Interim US Attorney Jay Clayton told Judge Jessica Clarke that DEF’s submission repeats legal points already rejected by the court.
Clayton stated the brief is disconnected from the trial record and offers no relevant information for the court’s current motion. He emphasized that its content is unlikely to assist the judge in evaluating a motion for acquittal. DEF had previously expressed support for clearing the brothers of charges, warning that the case could discourage DeFi development and drive talent overseas.
Retrial set amid previous mistrial
Reports indicate Judge Clarke declared a mistrial after jurors struggled to reach a verdict. The government has proposed scheduling a retrial for late February or early March 2026. The brothers face allegations including conspiracy to commit wire fraud, money laundering, and conspiracy to acquire stolen property. Convictions could result in up to 20 years in prison per count.
DEF’s draft brief, issued on December 19, argued that rushing prosecutions risks creating confusion and fear among software developers. The organization highlighted that unclear regulations could slow DeFi growth and drive participants to other jurisdictions. The US government’s opposition to the brief has drawn attention from both legal experts and the crypto community.
Industry is closely watching the MEV-related case
The case has sparked debate across the cryptocurrency ecosystem. Analysts are observing how it may affect the use of MEV bots and other DeFi activities. Coin Center, a prominent crypto advocacy group, previously submitted a brief opposing the government’s stance. Prosecutors have asked the court to reject that submission as well.
The outcome of the Peraire-Bueno retrial will have implications beyond the two defendants, influencing how regulators address complex DeFi operations. Market participants remain cautious, and the case is expected to shape enforcement strategies in the Ethereum ecosystem and wider DeFi landscape.
