Avraham Eisenberg, accused of draining over $100 million from the Mango Markets decentralized exchange (DEX), will face his criminal trial this week.
A New York federal court jury was assembled on Monday, with members ranging from a financial professional to a Broadway performer.
Mango Markets Exploitation: Was it Market Manipulation or Clever Trading?
The case stems from a controversial October 2022 hack of Mango Markets. An investigation by journalist Chris Brunet suggested Eisenberg’s potential involvement.
The Federal Bureau of Investigation (FBI) subsequently arrested Eisenberg in Puerto Rico in December, charging him with market manipulation.
The case’s heart is whether Eisenberg’s actions were criminal or simply a clever exploit within the protocol. He used one account to drive up the collateral price, allowing him to borrow much larger sums from the platform with a separate account.
Eisenberg defended himself, stating his actions were “legal open market actions, using the protocol as designed.” He argued that discrepancies between a protocol’s documentation and its code are common, and his actions exploited an unintended consequence.
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Despite his insistence on a “highly profitable trading strategy,” Eisenberg faced charges from multiple US regulators.
The Securities and Exchange Commission (SEC) charged him on January 20, 2023, for manipulating MNGO tokens. Before the SEC’s action, the Commodity Futures Trading Commission (CFTC) had already filed charges against him on January 9, 2023, for violating commodities regulations.
The enforcement actions from both regulators indicated his strategies may not have been as profitable or legitimate as claimed.
“Code is Law” Notion Challenged in Court
The Mango Markets’ case has sparked intense debate in the crypto community. Some defend Eisenberg, arguing the principle of “code is law” protects traders who exploit loopholes in blockchain platforms. However, prosecutors maintain that market manipulation and fraud remain illegal, even in decentralized finance (DeFi).
“It touches on the big argument within crypto — is code law? Just because there is an opportunity to exploit it does not mean that it’s legal,” Chris Janczewski of TRM Labs said.
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CFTC Chairman Rostin Behnam has previously emphasized transparency and engagement with the DeFi industry. However, he clarified a distinction between purely code-based protocols and platforms that market their services to US customers:
“… Who is either [the] individual or the group of individuals who set up that entity, that code, to offer those products?” Behnam emphasized.
Eisenberg’s case isn’t the first time regulators have clashed with the DeFi world, but it’s by far the most high-profile. The outcome could influence development and investment in the DeFi space as investors seek clarity on whether the traditional financial rulebook applies to this sector.
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