US court opposes DEF's submission of amicus brief as it considers rehearing the MEV case

PANews December 31 News, according to Cointelegraph, as the US court considers a retrial for brothers Anton and James Peraire-Bueno, who are accused of illegally profiting $25 million through exploiting vulnerabilities in the Ethereum blockchain, US prosecutor Jay Clayton submitted a letter to Judge Jessica Clarke opposing the DeFi Education Fund (DEF) filing an amicus brief. Clayton stated: “The brief is disconnected from the trial record and merely repeats legal arguments that have already been dismissed by this court. The brief submitted by DEF is unlikely to assist the court in deliberating on specific issues.” In November last year, due to a jury’s failure to reach a verdict on the brothers’ guilt or innocence, Clarke declared a mistrial. Within a week, the US government requested the court to “schedule a retrial for the brothers as soon as late February or early March 2026.” According to the draft DEF brief submitted on December 19, the organization supports motions for an acquittal or dismissal, arguing that the case has “broader implications for the industry.” DEF stated: “Such prosecutions create uncertainty and fear among software developers, suppress participation in the decentralized finance sector, and drive participants overseas.” DEF also added: “The Department of Justice should not bring charges based on a misinterpretation of existing laws that surpasses potential future legislation, which would cause chaos in governance rules and hinder industry development.” Many in the crypto industry continue to watch the case for its potential impact on activities related to MEV.