Did any court case call sandwich attacks on regular buyers fraud or theft?
Research question: Have any court filings, regulatory actions, or civil suits treated sandwich attacks or front-running of retail orders as fraud, theft, or market manipulation, and how did they define the victim and the harm?
The records show one criminal case in which sandwich-style MEV activity was treated as fraud and theft: federal prosecutors charged the Peraire-Bueno brothers with conspiracy to commit wire fraud, money laundering, and conspiracy to receive stolen property over bot activity that allegedly extracted about $25 million in 2023 1016. A federal judge denied the brothers' motion to dismiss, ruling that the government adequately alleged wire fraud 9, but the jury later deadlocked and a mistrial was declared 14. In that case, the government defined the victims as 'victim traders' and the specific trading bots and their owners, framing the harm as roughly $25 million stolen and as deception of the bot operators 132723. By contrast, an on-chain analysis of Solana sandwich bots defines the victims as mostly memecoin buyers and the harm as a worse trade price rather than theft from wallets 2931, while the SEC chair's 2022 concern about front-running on crypto platforms was a regulatory statement, not an enforcement action 6. The newest legal fact is dated March 13, 2026 16, and the newest data point is dated October 11, 2026 29, so the evidence is current but the criminal case has no final verdict in the record.
Sources
"Die Arbeit zeigt praxisnahe auf, inwieweit sich die jeweiligen Akteure im Rahmen eines MEV-Handels wegen Marktmanipulation und Insiderhandels strafbar machen."Literaturverzeichnis (2026)
"Misappropriation of Confidential or Inside information includes front-running a security trade made by a client of OMGXT."N-1A/A Old Mutual Global Shares Trust (CIK 0001452658) 2009-11-19
"trading based on material, non-public information (for example, plans of market participants to significantly increase or decrease their holdings in bitcoin, new sources of demand for bitcoin, etc.) or based on the dissemination of false and misleading information"CORRESP Ark 21Shares Bitcoin ETF (ARKB) (CIK 0001869699) 2023-11-20
"Front-running is taking a long or short position in a security with knowledge that the position or a similar position will soon be taken by a client."N-1A/A Old Mutual Global Shares Trust (CIK 0001452658) 2009-11-19
"Front-running often has the effect of increasing the cost or decreasing the selling price of the position to a client."N-1A/A Old Mutual Global Shares Trust (CIK 0001452658) 2009-11-19
"Mr. Gensler expressed concern about market manipulation: spoofing, front-running, phantom liquidity"CORRESP Ohanae, Inc. (CIK 0001936214) 2023-02-01
"Spot markets on which ether trades may be susceptible to front-running, which refers to the process when someone uses technology or market advantage to get prior knowledge of upcoming transactions."CORRESP Invesco Galaxy Ethereum ETF (QETH) (CIK 0001995569) 2024-06-21
"By using bots functioning on a millisecond-scale timeframe, bad actors are able to take advantage of the forthcoming price movement and make economic gains at the cost of those who had introduced these transactions."CORRESP Invesco Galaxy Ethereum ETF (QETH) (CIK 0001995569) 2024-06-21
"US District Judge Jessica Clarke denied a motion to dismiss by Anton and James Peraire-Bueno on Wednesday, stating the government adequately alleged their conduct met the criteria for fraud."MIT Brothers Lose Bid To Dismiss $25M Ethereum Fraud Charges
"The brothers were charged with conspiracy to commit wire fraud, money laundering, and conspiracy to receive stolen property related to their role in using maximal extractable value (MEV) bots to exploit $25 million in digital assets in 2023."Prosecutors Request February or March Retrial for MEV Bot Brothers
"“Ladies and gentlemen, bait and switch is not a trading strategy,” said prosecutors on Tuesday, according to Inner City Press. “It is fraud. It is cheating. It is rigging the system. They pretended to be a legitimate MEV-Boost validator.”"MEV Bot Criminal Trial Ends in Mistrial After Jury Fails to Reach Verdict
"In 2024, the MIT-educated brothers were accused of “attacking Ethereum” and stealing $25 million from three traders."Court dispatch: MEV bros point to Eisenberg acquittal in high-stakes hearing - DL News
"whereby they exploited a vulnerability on the Ethereum network to steal $25 million of cryptocurrency from “victim traders.”"MIT Brothers Lose Bid To Dismiss $25M Ethereum Fraud Charges
"In a Monday filing in the US District Court for the Southern District of New York, lawyers representing the US government requested a federal judge schedule a retrial for the Peraire-Bueno brothers “as soon as practicable in late February or early March 2026.”"Prosecutors Request February or March Retrial for MEV Bot Brothers
"In contrast, defense lawyers for the Peraire-Buenos pushed back against the US government’s theory of the two pretending to be “honest validators” to extract the funds, though the court ultimately allowed the argument to be presented to the jury."MEV Bot Criminal Trial Ends in Mistrial After Jury Fails to Reach Verdict
"Prosecutors have charged Peraire-Bueno and his brother Anton Peraire-Bueno with wire fraud, as well as conspiracy to commit wire fraud, launder money, and receive stolen property."Court dispatch: MEV bros point to Eisenberg acquittal in high-stakes hearing - DL News
"It also detailed how the brothers created a detailed four-step plan, “bait, block, search, and propagation,” and established 16 Ethereum validators using 529.5 ETH to execute the scheme using “lure transactions” to attract the bots."MIT Brothers Lose Bid To Dismiss $25M Ethereum Fraud Charges
"During that time, the jury asked several questions clarifying statements in testimony offered at trial, as well as the definition of “good faith.”"Prosecutors Request February or March Retrial for MEV Bot Brothers
"“This is like stealing a base in baseball,” said the defense team on Tuesday. “If there’s no fraud, there’s no conspiracy, there’s no money laundering.”"MEV Bot Criminal Trial Ends in Mistrial After Jury Fails to Reach Verdict
"That allowed the brothers to “tamper” with the block, changing the bait transaction from a purchase into a sell order, according to their indictment."Court dispatch: MEV bros point to Eisenberg acquittal in high-stakes hearing - DL News
"The brothers argued that the wire fraud statute did not provide fair notice that their conduct was criminal since their actions were “permitted by the system’s code.”"MIT Brothers Lose Bid To Dismiss $25M Ethereum Fraud Charges
"In the brothers’ case, they allegedly used MEV bots to “trick” users into trades. The exploit, though planned by the two for months, reportedly took just 12 seconds to net the pair $25 million."MEV Bot Criminal Trial Ends in Mistrial After Jury Fails to Reach Verdict
"Prosecutors argued switching the bait transaction from a purchase to a sale was a deception, as was the brothers’ use of a so-called invalid signature — the move that tricked MEV-boost into revealing the contents of the block that contained the bots’ orders."Court dispatch: MEV bros point to Eisenberg acquittal in high-stakes hearing - DL News
"The charges against the brothers stemmed from allegations that they used MEV bots to extract about $25 million in crypto from the Ethereum blockchain in 2023."Jury in MEV bot trial struggles to reach verdict as weekend approaches
"the wire fraud statute provided defendants with adequate notice that their alleged conduct was criminal, despite any novel means used by defendants,"MIT Brothers Lose Bid To Dismiss $25M Ethereum Fraud Charges
"“I don’t think what’s in the indictment constitutes wire fraud,” said Carl Volz, a partner at law firm Gunnercooke, in a Monday op-ed for DLNews."MEV Bot Criminal Trial Ends in Mistrial After Jury Fails to Reach Verdict
"The bait transactions were designed to lure those specific bots, according to the prosecutor. At trial, the bots’ owners said they would not have allowed the programmes to execute those fateful transactions had they known what would happen next."Court dispatch: MEV bros point to Eisenberg acquittal in high-stakes hearing - DL News
"The prosecutors’ theory of the case, presented to the jury, was that the two individuals had “tricked” the system by presenting themselves as “honest validators” on the blockchain."Jury in MEV bot trial struggles to reach verdict as weekend approaches
"Mostly memecoin buyers on Pump.fun. Some are bots themselves, such as snipers, and their trades paid 39% of what the sandwich bots took."Solana Sandwich Bots Took $29.7M From Memecoin Buyers - Bitquery
"the jury could find the brothers not guilty on at least one of the charges for conspiracy to commit wire fraud, money laundering and conspiracy to receive stolen property."Jury in MEV bot trial struggles to reach verdict as weekend approaches
"A sandwich bot cannot touch your wallet. It only makes your trade fill at a worse price, within the slippage you allowed."Solana Sandwich Bots Took $29.7M From Memecoin Buyers - Bitquery
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