Anton and James Perair-Bueno, accused of stealing $25 million through an exploit in the Ethereum network, have filed a motion to prohibit the use of their Google search history as evidence in the criminal case.
This is reported by Finway
Defense Arguments Regarding Search Privacy
The brothers’ defense insists that information about their Google search queries, such as “best crypto lawyers” or “statute of limitations for electronic fraud,” cannot be used as evidence of criminal intent. They argue that these searches were conducted during consultations with lawyers after unknown individuals demanded the return of digital assets obtained as a result of the attack in April 2023.
“The defense believes that the prosecution is improperly using searches to prove criminal intent.”
The brothers are convinced that such data falls under attorney-client privilege and therefore cannot be used in court as grounds for proving their guilt. Attorney Alex Chandra from IGNOS Law Alliance notes that the mere act of searching on Google is not irrefutable evidence of criminal intent, especially if the searches occurred after the alleged offense.
Prosecution’s Position and Next Steps in the Case
The U.S. federal prosecution charges Anton and James Perair-Bueno with conspiracy, electronic fraud, and money laundering. This is the first criminal case related to the use of MEV exploits in the Ethereum network. The prosecution is attempting to use search query data as confirmation of the brothers’ conscious guilt.
District Judge Jessica Clark must decide whether Google searches conducted after the alleged crime can be recognized as evidence of criminal intent or if they are merely a result of consulting with lawyers. Additionally, the brothers are seeking to exclude news articles and screenshots from the social media platform X from the case materials, arguing that there is a lack of evidence regarding their authenticity.
If found guilty, each brother faces up to 20 years in prison for each count of the charges.