It's an interesting legal question what will be decided for this case, but it's also satisfying that the underlying bug can be fixed. That seems quite different from a traditional fraud, which can be done over and over again, and needs to be prosecuted every time.
In this case the "fraud mitigation" seems to be a bugfix: https://github.com/flashbots/mev-boost-relay/commit/3025635e...
It's an interesting legal question what will be decided for this case, but it's also satisfying that the underlying bug can be fixed. That seems quite different from a traditional fraud, which can be done over and over again, and needs to be prosecuted every time.
The fraud is coming from inside the house!