The indictment materials in the $25 million Ethereum theft case may be amended due to a motion from the defense regarding Google search history.
This is reported by Business • Media
Defense Arguments of the Peraire-Bueno Brothers
Anton and James Peraire-Bueno, who are accused of stealing $25 million by exploiting a vulnerability in the Ethereum network, have filed a motion in court to exclude their Google search history from the case materials. They emphasize that data such as searches for “best crypto lawyers” or “statute of limitations for electronic fraud” should not be used as evidence of criminal intent.
“The defense believes that the prosecution is improperly using searches to prove criminal intent.”
The brothers explain that they turned to Google in search of legal information after being approached by unknown individuals demanding the return of crypto assets allegedly obtained as a result of an attack in April 2023. They insist that this data is protected by attorney-client privilege, and the prosecution’s attempt to use it lacks proper context.
Court’s Position and Possible Consequences
Attorney Alex Chandra from IGNOS Law Alliance emphasizes that Google search history cannot automatically indicate intent to commit a crime, especially if such searches occurred after the alleged offense. The defense also points out that the prosecutors have not provided witnesses capable of clarifying the circumstances of the relevant searches.
The U.S. prosecution has charged the brothers with conspiracy, electronic fraud, and money laundering, highlighting that this is the first criminal case related to the exploitation of MEV in the Ethereum network. District Judge Jessica Clarke is to determine whether such search queries can be evidence of conscious guilt or are merely the result of consultations with lawyers.
Additionally, the brothers are urging the court to exclude news articles and a screenshot from X (formerly Twitter) from the case materials, as they believe they lack authenticity verification.
Each of the defendants faces up to 20 years in prison for each count if found guilty.