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US prosecutors have asked a federal court to reject an amicus brief submitted by the DeFi Education Fund ahead of a possible retrial.
The case centres on brothers Anton and James Peraire-Bueno, accused of exploiting the Ethereum blockchain for roughly $25 million.
Prosecutors filed their objection in the US District Court for the Southern District of New York.
Interim US Attorney Jay Clayton addressed the request to Judge Jessica Clarke.
The government argued the DeFi Education Fund’s brief is not relevant to the pending motion.
Clayton said the submission repeats arguments the court has already rejected.
Detached from the trial record, the brief merely recites legal arguments already rejected by this Court.
Jay Clayton said.
He added the brief does not provide unique information to assist the court’s review.
The filing follows a mistrial declared in November after jurors failed to reach a verdict.
The brothers are accused of using automated maximal extractable value, or MEV, bots.
Prosecutors have asked for a retrial to be scheduled as early as late February or March 2026.