The US government has filed a letter opposing the introduction of an amicus brief with digital asset group DeFi Education Fund, as the court considers a possible retrial of the case of two brothers allegedly responsible for a $25 million exploit on the Ethereum blockchain.

In a Tuesday filing in the U.S. District Court for the Southern District of Recent York, interim U.S. Attorney Jay Clayton filed a letter to Judge Jessica Clarke requesting that the DeFi Education Fund (DEF) letters not be admitted while the court considers a motion to dismiss the case against Anton and James Peraire-Bueno.

“In isolation from the hearing record, the summary merely restates legal arguments already rejected by the Court,” Clayton said, referring to the DeFi Education Fund amicus brief, adding:

“Here, where the Court has already commented on the legal issues presented in Art friend brief and DEF does not provide any unique information relevant to the application before the Court, DEF’s statement is unlikely to assist the Court in its consideration of the individual issues [over a motion to acquit]”

In November, Clarke announced a mistrial in the case after jurors disagreed on whether to convict or acquit the brothers who allegedly committed an exploit using automated maximum extraction value (MEV) bots. Within a week, the U.S. government asked the court to schedule the brothers’ retrial “as soon as possible, in late February or early March 2026.”

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According to DEF’s proposed draft brief filed on December 19, the organization supported a motion to acquit or dismiss the indictment, arguing that the case has “broader implications” for the industry.

“[P]such decisions create confusion and fear among software developers, undermine participation in DeFi, and push participants overseas,” DEF said, adding: “The Department of Justice should not pre-empt potential rulemaking by bringing charges based on ill-fitting interpretations of existing law, which will stifle growth by sowing confusion about applicable laws.”

Cointelegraph reached out to the DeFi Educational Fund for comment but had not received a response at the time of publication.

The crypto industry is considering the ramifications of this case

With the future of the Peraire-Bueno brothers uncertain, many in the crypto industry are still wondering how this case could impact the MEV business.

Cryptocurrency organization Coin Center filed an amicus brief during the criminal trial, challenging the U.S. government’s theory of the case. Prosecutors also asked the court not to accept the letter.

The brothers were initially charged with conspiracy to commit wire fraud, money laundering and conspiracy to obtain stolen property. If they are retried on the same charges and found guilty, they could be sentenced to up to 20 years in prison on each count.

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