Two brothers, Anton and James Pepaire-Bueno, have launched a legal defense to dismiss a $25 million fraud case against them, asserting that recent policy changes by the DOJ under the Trump administration affect the nature of their allegations. They are accused of stealing a significant amount of Ethereum by exploiting transaction validation processes. Their attorneys argue that a recent memo from the DOJ, which indicates the department will no longer regulate crypto assets as property, undermines the charges against them. Key points in the memo include a statement declaring the DOJ will not pursue cases that focus on the regulatory status of digital assets. This leads the Pepaire-Bueno defense to question the definition of property in their case, particularly regarding the charge of conspiracy to receive stolen property. A judge will decide on this motion to dismiss, potentially impacting other high-profile crypto cases amid the DOJ’s policy shift.

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