We oppose the US Defi Education Fund’s brief prior to the retrial of the MEV case.

The U.S. government has filed a letter opposing an amicus brief from digital asset advocacy group Diffie Education Fund, which the court says may be behind a $25 million Ethereum blockchain exploit.

During an appearance Tuesday in the U.S. District Court for the Southern District of New York, Interim U.S. Attorney Jay Clayton sent a letter to Judge Jessica Clark requesting that a brief from the Defy Education Fund (DEF) be dismissed against Anton and James Perrier-Bueno.

“Detached from the trial record, the brief recites only the legal arguments rejected by this court,” Clayton said, referring to the Diffie Education Fund's amicus brief.

Here, where the Court has already ruled on the legal issues raised in the amicus brief and DEF provides the Court with no specific information on the pending appeal, DEF's submission cannot help the Court's consideration of the specific issues. [over a motion to acquit]He said.

In November, Clark announced a mistrial in the case after jurors could not agree to convict or acquit his brothers, accused of using automated high net worth (MEV) bots. Within a week, the US government asked the court to re-indict the brothers “as soon as possible in late February or early March 2026.”

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According to a draft DEF brief filed Dec. 19, the organization said the lawsuit has “broader implications” for the industry and supported the motion to dismiss or dismiss the lawsuit.

“[P]”Such cutbacks create uncertainty and fear among software developers, reduce participation in DEF, and drive participants abroad,” DEF said, adding that “DOJ will bring lawsuits based on inappropriate interpretations of current law and sow confusion over the governing regulations, undermining progress.”

Cointelegraph reached out to DeFi Education Fund for comment, but did not receive a response at the time of publication.

The crypto industry weighs in on the implications of the issue.

While the future of the Perrier-Bueno brothers remains uncertain, many in the crypto industry are still looking into how the case will affect MAV-related activities.

Crypto advocacy organization Coin Center filed an amicus brief opposing the US government's theory of the case during the criminal trial. The prosecution asked the court not to accept the brief.

The brothers were initially charged with wire fraud, money laundering and conspiracy to receive stolen property. If convicted again on the same charges, they could face up to 20 years in prison on each charge.

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