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According to Cointelegraph, the U.S. government has filed a letter opposing the introduction of an amicus brief from the digital asset advocacy group DeFi Education Fund (DEF) as the court considers a possible retrial for two brothers allegedly involved in a $25 million exploit of the Ethereum blockchain. Interim U.S. Attorney Jay Clayton submitted the letter to Judge Jessica Clarke in the U.S. District Court for the Southern District of New York, requesting that the DEF brief not be accepted while the court reviews a motion to dismiss the case against Anton and James Peraire-Bueno.

Clayton argued that the DEF's brief merely reiterates legal arguments previously rejected by the court and does not provide unique information relevant to the pending motion. He stated that the submission is unlikely to aid the court's consideration of the issues surrounding the motion to acquit. In November, Judge Clarke declared a mistrial after jurors could not reach a consensus on whether to convict or acquit the brothers, who are alleged to have used automated maximal extractable value (MEV) bots in the exploit. The U.S. government has since requested a retrial to be scheduled as soon as practicable in late February or early March 2026.

The DEF's proposed draft brief, filed on December 19, supports the motion to acquit or dismiss the indictment, citing broader implications for the industry. The organization expressed concerns that prosecutions like this could create ambiguity and fear among software developers, potentially chilling participation in decentralized finance (DeFi) and driving participants abroad. DEF argued that the Department of Justice should not pursue indictments based on interpretations of existing law that may stifle growth by creating confusion about governing rules.

The crypto industry is closely monitoring the case's implications for MEV-related activities. Coin Center, another crypto advocacy organization, filed an amicus brief during the criminal trial, opposing the U.S. government's theory of the case. Prosecutors have also requested that the court not accept this brief. The Peraire-Bueno brothers initially faced charges of conspiracy to commit wire fraud, money laundering, and conspiracy to receive stolen property. If retried and found guilty, they could face up to 20 years in prison for each count. Cointelegraph reached out to the DeFi Education Fund for comment but had not received a response at the time of publication.