Two MIT-educated brothers, Anton and James Peraire-Bueno, accused of allegedly stealing $25 million in cryptocurrency through a blockchain exploit in 2023, are fighting to keep their Google search history out of court. The duo claimed that federal prosecutors have intentions to unfairly use searches for “top crypto lawyers” and “wire fraud statute of limitations” to prove criminal intent.
The brothers filed the motion on Friday in Manhattan’s federal court, saying that their search history has no evidentiary weight without proper context.
U.S. District Judge Jessica G.L. Clarke will decide whether searches conducted after the alleged crime can demonstrate consciousness of guilt or simply reflect prudent legal consultation during the investigation.
Prosecutors Allow Search History as Proof
According to federal prosecutors, the searches show the defendants’ consciousness of guilt. But the Peraire-Bueno brothers insist they are just part of a prudent legal consultation during an ongoing investigation.
Prosecutors alleged that the brothers used their specialized skills and education to exploit Ethereum’s MEV-boost system in April 2023, fraudulently intercepting private transactions and diverting $25 million in just 12 seconds. If convicted, the brothers can face up to 20 years of imprisonment.
“The Superseding Indictment (“Indictment”) highlights various Google searches allegedly performed during the time after the alleged Exploit when the Peraire-Buenos were being advised by counsel……..The Indictment alleges, for example, that Anton Peraire-Bueno searched for “top crypto lawyers,” “how long is us statue of limitations,” “wire fraud statute/wire fraud statute of limitations,” and “money laundering statute of limitations,” the filing stated.
Potential Dismissal of the Case
Deputy Attorney General Lisa Monaco said, “Unfortunately for the defendants, their alleged crimes were no match for Department of Justice prosecutors and IRS agents, who unraveled this first-of-its-kind wire fraud and money laundering scheme.”
The Peraire-Bueno brothers also asked to exclude several other pieces of evidence, including a screenshot taken from X, showing fake signatures. They also asked the court to block prosecutors from introducing news articles that contain inflammatory descriptions of them.
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