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A U.S. district court has rejected the motion to dismiss fraud charges against MIT-educated brothers Anton and James Peraire-Bueno, who are accused of orchestrating a $25 million cryptocurrency theft through manipulation of Ethereum’s MEV (maximal extractable value) bot ecosystem. The court’s decision, issued by Judge Jessica Clarke on August 2024, clears the way for their trial, set for October 2025. The case has sparked debate over the legal boundaries of exploiting blockchain vulnerabilities and the evolving risks associated with automated trading systems in decentralized finance [1].
The prosecution alleges that the brothers leveraged their computer science expertise to design a four-step plan involving MEV bots: bait,
, search, and propagation. Using 529.5 ETH (approximately $880,000) to target 16 validators, they initiated “lure transactions” to mislead MEV bots—automated systems that optimize transaction orderings for profit. The bots, scanning the Ethereum network’s mempool for profitable trades, allegedly executed transactions that redirected funds to the brothers’ wallets. Within 12 seconds, the scheme netted up to $25 million in stolen assets. The stolen funds were laundered through an exchange that did not require Know-Your-Customer verification, complicating traceability [1].The defense argued that the wire fraud statute lacked clarity on whether their actions—enabled by blockchain’s code—constituted criminal intent. They also claimed the victims were trading bots operated by third parties, which engaged in manipulative practices. The court dismissed these arguments, emphasizing that the government’s allegations demonstrated deliberate intent to defraud. “Defendants’ motions to dismiss are each DENIED, except with respect to the receiving stolen property charge,” Judge Clarke wrote, noting the brothers’ failure to provide “fair notice” or articulate essential facts [1].
The case also highlights regulatory tensions. Prosecutors dropped a charge of conspiracy to receive stolen property after the brothers referenced a Department of Justice memo cautioning against overreach in digital asset regulation. This adjustment underscores the government’s cautious approach to balancing enforcement with the unique challenges of blockchain technology [1].
The trial’s outcome could set a precedent for prosecuting MEV bot-related fraud. Federal wire fraud and money laundering charges typically carry severe penalties, including lengthy prison terms. The case also raises broader questions about accountability in decentralized systems, where automated tools operate without centralized oversight. While MEV bots are designed to exploit transaction ordering for profit, their manipulation for theft blurs legal and ethical lines. Courts’ willingness to apply traditional fraud statutes to such cases may shape future regulatory frameworks in crypto markets [1].
As the trial approaches, the case serves as a cautionary tale for developers and traders navigating the complexities of blockchain ecosystems. The Peraire-Bueno brothers’ alleged exploitation of system weaknesses illustrates the high-stakes risks of technical innovation in finance.
Source:
[1] [Brothers face trial over $25M MEV bot exploit, court denies dismissal](https://cointelegraph.com/news/brothers-25-million-mev-bots-face-trial-judge-says)

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