MIT-Educated Brothers Accused of $25M Ethereum Exploit Fight to Block Google Search Evidence

Two MIT-educated brothers accused of stealing $25 million through a first-of-its-kind Ethereum blockchain exploit are fighting with federal prosecutors to omit their Google search history as a crucial evidence of their case.

The two brothers, Anton and James Peraire-Bueno, were arrested in May 2024, on charges of conspiracy, wire fradu, and money laundering.

Prosecutors allege that the duo had used their technical expertise to manipulate Ethereum’s MEV-boost system in April 2023, intercepting private transactions and siphoning $25 million in just 12 seconds.

Defense Moves to Exclude Search Evidence

In a motion filed Friday in Manhattan federal court, the brothers asked U.S. District Judge Jessica G.L. Clarke to exclude their searches history, which includes keywords such as “top crypto lawyers” and “wire fraud statute of limitations” from trial.

The brother's search history has been a critical piece of evidence that prosecutors has been using to show that they are guilty of the crimes.

However, the defence lawyers provided a detailed privilege logs showing how the google search coincided precisely with attorney communications, and argued that the search history comes after they were being threatened by anonymous "sandwich attacks" demanding repayment of the allegedly stolen funds.

Defense lawyers therefore argued that they would be “unfairly prejudicial” if the brothers were forced to waive attorney-client privilege to explain the context.

“For the government to argue its preferred inference—that these searches demonstrate guilt—it must first prove they are directly tied to this case. But the searches alone do not show that.”

Experts Question the Weight of Google Searches

Many legal experts have since backed the defence lawyers, and cautioned that search history is rarely used as concrete evidence of a person's guilt.

“Google searches can provide hints, but they’re highly context-dependent. Searches conducted after an alleged crime are weaker evidence compared to pre-crime searches, which might show planning or intent. Without corroborating proof, they’re speculative at best.”

The defense also moved to block prosecutors from introducing inflammatory news articles as hearsay, and to block a Twitter screenshot of an alleged forged signature shared by pseudonymous researcher Samczsun.

The defence lawyers are also fighting for prosecutors to omit such evidence from the court hearing.

The Department of Justice has framed the prosecution as a landmark case, calling it the first criminal trial over MEV-boost exploitation—a strategy that takes advantage of Ethereum’s transaction ordering system.

If convicted, each brother faces up to 20 years in prison per count, making this one of the most consequential blockchain-related prosecutions to date.