Prosecutors are requesting a retrial in the case of the MEV Bot brothers in February or March

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Anton and James Peraire-Bueno, two brothers accused of their alleged roles in money laundering and fraud related to a $25 million exploit on the Ethereum blockchain, could face a second trial as early as February.

Lawyers representing the U.S. government filed a motion Monday in the U.S. District Court for the Southern District of Modern York required a federal judge scheduled a retrial for the Peraire-Bueno brothers “as soon as possible, in late February or early March 2026.”

The request was filed about three days after the judge announced that the trial was invalidated due to the jury’s inability to reach a verdict.

Source: Court listener

The brothers were charged with conspiracy to commit wire fraud, money laundering and conspiracy to receive stolen property for their role in using maximum extraction value (MEV) bots to exploit $25 million in digital assets in 2023.

The case caught the attention of many in the cryptocurrency industry due to the possible consequences of a conviction for trading on Ethereum. The brothers would still face decades in prison if found guilty after a retrial.

Related: SEC Chairman Promises ‘Lax Enforcement’ of Cryptocurrencies Under Market Structure

What might change in the second trial?

The jury took more than three days to deliberate before reporting to the judge that they were unable to reach a verdict. During this time, the jury asked several questions clarifying the statements made at trial, as well as the definition of “good faith.”

“Yesterday, half of the jury spontaneously broke down in tears, and several jury members reported that they had lost a good night’s sleep on multiple occasions,” the letter reads. filed on Monday in public records. “Although this is a lesser concern, we have all endured the financial and psychological hardship of being cut off from work and family for almost a month.”

As of Wednesday, the judge had not announced a possible date for retrial of the case.

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