The "trader" is going to lose. He clearly knew that the figure he executed was concurrently 25 pips off his closing ticket. A dude with $400 exploiting a system error and trading 50 lots inside an hour. I am simply curious whether he was able to wire out (doubtful).
I was sued (as was Putnam at TerraNova) during the COMS crossed-quote arb (RAES arb) in 2000-2001. The OCC filed suit (dropped) and that was inter-exchange. That was a legitimate exchange arb.
He knew he was being filled at off market prices, but the firm was filling him. The firm should take responsibility for that.