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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.

Checked 2026-10-21. Only documented and supported facts are used.
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Sources

[1] supported
The book examines whether actors in MEV trading, including sandwich trading, could be criminally liable for market manipulation and insider trading.
"Die Arbeit zeigt praxisnahe auf, inwieweit sich die jeweiligen Akteure im Rahmen eines MEV-Handels wegen Marktmanipulation und Insiderhandels strafbar machen."
Literaturverzeichnis (2026)
[2] supported
The code treats front-running a client's securities trade as a form of misappropriation of confidential or inside information.
"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
[3] supported
The SEC's list of bitcoin manipulation concerns includes trading on material non-public information, such as plans of market participants to significantly increase or decrease their holdings, which is treated as a form of market abuse.
"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
[4] supported
The code defines front-running as taking a position in a security knowing that a client will soon take the same or a similar position.
"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
[5] supported
The code says front-running harms the client by raising the cost of the client's purchase or lowering the price of the client's sale.
"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
[6] supported
In a July 28, 2022 video, SEC Chairman Gary Gensler expressed concern that crypto trading platforms could feature market manipulation, including front-running, which the filing cites as a regulatory concern rather than a court or enforcement action.
"Mr. Gensler expressed concern about market manipulation: spoofing, front-running, phantom liquidity"
CORRESP Ohanae, Inc. (CIK 0001936214) 2023-02-01
[7] supported
The filing describes front-running in spot ether markets as using technology or market advantage to gain prior knowledge of upcoming transactions, and it frames this as a manipulative practice.
"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
[8] documented
The filing identifies the victims of front-running as the traders whose transactions were introduced to the market, and the harm as bots taking the price move and profiting at their expense.
"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
[9] supported
A US federal judge denied the Peraire-Bueno brothers' motion to dismiss, ruling that the government adequately alleged their conduct met the criteria for wire fraud.
"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
[10] supported
Federal prosecutors charged the Peraire-Bueno brothers with conspiracy to commit wire fraud, money laundering, and conspiracy to receive stolen property over their use of MEV bots to exploit $25 million in digital assets in 2023.
"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
[11] supported
Prosecutors argued that the Peraire-Bueno brothers tricked and defrauded users through a 'bait and switch' scheme, characterizing the MEV activity as fraud, cheating, and rigging the system.
"“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
[12] supported
Prosecutors accused the Peraire-Bueno brothers of attacking Ethereum and stealing $25 million from three traders, whose MEV bots were the targets of the scheme.
"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
[13] supported
The federal government framed the victims of the scheme as 'victim traders' from whom the brothers stole about $25 million in cryptocurrency.
"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
[14] supported
The criminal case against the MEV bot brothers was brought in the US District Court for the Southern District of New York, and a jury deadlocked, leading to a mistrial.
"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
[15] supported
The government's theory was that the brothers pretended to be honest MEV-Boost validators in order to extract funds, and the court allowed this argument to go to the jury over defense objections.
"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
[16] supported
The government charged the brothers with wire fraud, conspiracy to commit wire fraud, money laundering, and receiving stolen property, treating the front-running-style scheme as fraud and theft.
"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
[17] supported
The indictment describes the scheme as a four-step plan of 'bait, block, search, and propagation,' using 'lure transactions' to attract MEV bots and 16 Ethereum validators holding 529.5 ETH to execute it.
"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
[18] supported
During deliberations, jurors asked the judge to define 'good faith,' a concept central to whether the brothers' MEV activity counted as fraud.
"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
[19] supported
The defense argued that sandwich-style MEV extraction is comparable to stealing a base in baseball, and that without fraud there can be no conspiracy or money laundering charge.
"“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
[20] supported
According to the indictment, the brothers used a bait transaction and tricked MEV-boost into revealing the pending block, then altered the bait from a purchase into a sell order, so the bots were left holding illiquid crypto while the brothers took the stablecoins and other cryptocurrencies.
"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
[21] supported
The brothers argued that the wire fraud statute gave no fair notice of criminality because their actions were 'permitted by the system's code,' and that they were unfairly targeted because the victims' bots allegedly engaged in manipulative trading themselves.
"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
[22] supported
The alleged exploit was planned for months and reportedly netted the pair about $25 million in just 12 seconds, by using MEV bots to trick users into trades.
"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
[23] supported
Prosecutors argued that the reordering was a deception, as was the use of an invalid signature that tricked MEV-boost into revealing the bots' orders, framing the harm as deception of the bot operators.
"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
[24] supported
US prosecutors charged brothers Anton and James Peraire-Bueno over MEV bot activity that allegedly extracted about $25 million from Ethereum in 2023.
"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
[25] supported
The court held that the wire fraud statute gave adequate notice that the alleged conduct was criminal despite the novel means used.
"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
[26] supported
A former law-firm partner argued the indictment does not constitute wire fraud, suggesting a conviction would require evidence of the brothers' careless conduct and communications.
"“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
[27] supported
The victims were defined as the specific trading bots and their owners, who testified at trial that they would not have allowed the programs to execute the bait transactions had they known what would happen.
"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
[28] supported
Prosecutors' theory was that the defendants deceived the Ethereum system by posing as honest validators, a framing that treats the scheme as deception rather than ordinary arbitrage.
"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
[29] supported
The document defines the victims of sandwich attacks as mostly memecoin buyers on Pump.fun, with some victims being bots such as snipers.
"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
[30] supported
The charges against the brothers include conspiracy to commit wire fraud, money laundering, and conspiracy to receive stolen property.
"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
[31] supported
The document defines the harm to victims as receiving a worse price on their trade, not as theft of funds from their wallets.
"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