Karsten Wenzlaff, Advisor
August 26th, 2025
Crypto | Oct 16, 2025

Image: Pixabay/Ashley Jackson
On October 15, 2025, Bloomberg News reported that Massachusetts Institute of Technology graduates James and Anton Peraire-Bueno are on trial in Manhattan for allegedly stealing about US $25 million from Ethereum traders using a complex Maximal Extractable Value (MEV) strategy.
The case could have significance in how U.S. law treats algorithmic blockchain activity in the future. The brothers have pleaded not guilty, arguing that their actions were lawful in an unregulated market and that their alleged victims used similar tactics.
Prosecutors said in April 2023 the Peraire-Bueno brothers created bait transactions to lure automated trading bots that use a practice called sandwiching. A sandwich attack happens when a bot places a buy order before and a sell order after a large user transaction, capturing a profit while driving up the price. Though widely criticized as manipulative, sandwiching is not illegal.
According to prosecutors, the brothers learned how to exploit a flaw in MEV Boost (open-source Ethereum software) to see and rearrange transactions before they were confirmed. By using this access, they allegedly turned the tables on the bots and redirected millions of dollars to their own accounts. Prosecutors called the act a “high-speed bait and switch” and said the brothers’ goal was to rip people off.
Defense lawyers for the brothers argue that the Peraire-Buenos simply outsmarted the bots in a free and open market. They described the strategy as “wildly successful” but legitimate within the competitive crypto space. The defense says the funds were voluntarily traded away by the bots and that the prosecution’s decision to side with their main alleged victim, Savannah Technologies, doesn't mean a crime occurred.
An Israeli crypto trading firm Savannah claims it lost US $13 million when its bots were targeted. Its CEO David Yakira is expected to testify per Bloomberg's trial coverage and also reflected in the case docket. The rest of the missing US $12 million was from unidentified traders.
The case has divided developers, traders, and researchers. Ethereum Foundation researcher Dankrad Feist said “stealing from a thief is still theft,” referring to sandwich attackers. Others in the community argue that what the brothers did was a fair play in a secretive, high speed ecosystem with no established rules.
Matt Cutler CEO of Blocknative, said the brothers “tricked someone into doing a sandwich that should have been safe by the rules of the network.” He mentioned that it was a bug in the software that made it unsafe, highlighting how fragile some blockchain systems can be when technical flaws meet trading incentives.
The Peraire-Bueno trial is being watched closely across the fintech and blockchain sectors because it will test whether exploiting code vulnerabilities amounts to fraud. It also raises the question of how far traditional legal concepts like intent and theft can stretch into decentralized and automated markets. The outcome could establish a new precedent for the future of decentralized finance and blockchain governance, where innovation and regulation often collide.
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