As the US court considers retrial of the MEV case, the prosecution opposes the DEF's submission of an amicus brief.

PANews reported on December 31 that, according to Cointelegraph, as a US court considers a retrial of brothers Anton and James Peraire-Bueno, who are accused of illegally profiting $25 million by exploiting a vulnerability in the Ethereum blockchain, US Attorney Jay Clayton filed a letter with Judge Jessica Clarke opposing the amicus brief submitted by the DeFi Education Fund (DEF). Clayton stated, "This brief is out of touch with the trial proceedings and merely repeats legal arguments that have already been rejected by this court. The DEF's brief is unlikely to contribute to the court's consideration of specific issues."

Last November, Clarke declared the trial a mistrial after the jury failed to reach a unanimous verdict on whether to convict or not guilty of the two brothers. Within a week, the U.S. government requested the court to schedule a retrial for the brothers "as soon as possible, in late February or early March 2026." According to a draft opinion submitted by DEF on December 19, the organization supports motions for an acquittal or dismissal of the charges, arguing that the case has a "broader impact" on the industry. DEF stated, "Such prosecutions create uncertainty and fear among software developers, dampen participation in the decentralized finance (DeFi) space, and encourage participants to migrate overseas." DEF added, "The Department of Justice should not bring charges based on a misinterpretation of existing laws that goes beyond potential future legislation, creating confusion in governance rules and thus hindering industry development." Many in the crypto industry remain focused on the potential impact of this case on MEV-related activities.