At face value, this is total BS. I still have to read the complaint though....
1. Why did it take 5 years to get this guy?
2. They already had an explanation what we haven't bought, so why should I buy this one?
3. If the market is so fragile that a relative small guy with a modified algo can crash it, then maybe it should be crashed more often to make it anti-fragile.
4. Let's assume the guy did have a hand in the crash, and he just went forward as business as usual (not to mention continuing the did) for the next 5 years, not fearing retribution?
5. If he could do it, somebody else also can do it tomorrow, so what counter measures are taken to avoid this in the future??
6. Let's say he knew he can do it, but what did he do to cover his tracks? A crime that leads right back to you is stupidity, not a crime...
7. What is the point of crashing the market if the algo makes money anyway? Why risk killing the market and possible prison if you can make decent money manipulating the market in a safe way? Maybe the algo did it by accident?