The U.S. prosecution opposes adopting the opinion letter from the DeFi Education Fund, and the Ethereum MEV case may be re-examined

The U.S. prosecution has submitted a letter to the Southern District of New York Federal Court opposing the court's acceptance of the amicus brief submitted by the digital asset advocacy organization DeFi Education Fund while considering whether to re-examine a case related to Ethereum MEV.

U.S. Acting Attorney Jay Clayton stated in a document addressed to Judge Jessica Clarke that the brief "is detached from the trial record and merely reiterates legal arguments previously rejected by the court," and should not be accepted. The case involves brothers Anton and James Peraire-Bueno, who are accused of exploiting approximately $25 million through automated MEV bots on Ethereum. In November, the court declared a mistrial after the jury failed to reach a unanimous verdict on guilt or innocence. Subsequently, the U.S. government requested the court to schedule a retrial as soon as possible in late February or early March 2026.

According to the draft brief submitted by DEF on December 19, the organization supports the dismissal of the case or a not guilty verdict, arguing that such prosecutions create uncertainty and fear for DeFi developers, potentially stifling industry innovation and driving participants away. The prosecution, however, contends that these views do not provide new legal grounds. The direction of the case remains unclear. If the brothers are found guilty of the same charges in the retrial, they could face up to 20 years in prison for each count. The outcome of the case is also seen within the industry as having significant implications for MEV behavior and the related compliance boundaries.