Ethereum News Today: Can Google Searches Reveal Criminal Intent or Violate Legal Privilege?

The case of Anton and James Peraire-Bueno, two MIT-educated brothers accused of stealing $25 million in Ethereum through a blockchain exploit in April 2023, has taken a new legal turn as their defense challenges the use of their Google search history as evidence. The brothers have filed a motion in Manhattan federal court, seeking to exclude the data as protected attorney-client communications, arguing that searches for terms like “top crypto lawyers” and “wire fraud statute of limitations” were made during legal consultations and should not be used to infer criminal intent [1].

The defense asserts that the searches occurred after the alleged crime and were part of legal strategy following their arrest in May 2024. Court documents show that these searches coincided with communications with counsel, raising questions about whether they can be used to demonstrate “consciousness of guilt.” The defense claims that without context, the searches are speculative and cannot prove intent or criminal activity [2]. The case marks the first criminal prosecution over an Ethereum blockchain exploit involving the manipulation of MEV-boost, a mechanism used to prioritize transactions on the network [2].

U.S. District Judge Jessica G.L. Clarke will determine whether the searches can be considered as evidence of criminal intent or whether they are shielded by attorney-client privilege. Legal experts have noted that post-crime searches are generally weaker in terms of evidentiary weight compared to pre-crime searches, which can suggest planning or preparation. “The mere fact that someone googled something isn’t automatic proof of intent or guilt,” said Alex Chandra of IGNOS Law Alliance, emphasizing the need for corroborating evidence [2].

In addition to the Google search issue, the defense has also challenged the admissibility of news articles and a Twitter screenshot related to the case. The brothers argue that the articles contain “inflammatory descriptions” and that the image from a pseudonymous researcher cannot be authenticated. If the court rules against the defense, the brothers could face up to 20 years in prison per count on charges of conspiracy, wire fraud, and money laundering [2].

Prosecutors, meanwhile, maintain that the brothers’ alleged actions were a highly sophisticated exploit of the Ethereum network, leveraging their technical expertise to manipulate the blockchain and intercept private transactions. The case has drawn attention not only for its potential legal implications but also for its significance in the evolving regulatory landscape of digital assets. As the trial approaches, the court’s decision on the use of digital evidence could set a precedent for future cryptocurrency-related prosecutions [2].

Source: [1] Alleged Crypto Thieves Fight Use of Google Search History (https://www.law360.com/pulse/new-york-pulse/articles/2380518/alleged-crypto-thieves-fight-use-of-google-search-history) [2] Brothers Seek Block Google Searches 25M Crypto Heist Case (https://decrypt.co/336836/brothers-seek-block-google-searches-25m-crypto-heist-case)