Just to correct myself, quoting from the above link, both cases will boil down to INTENT:
"Since there is nothing illegal about canceling large numbers of orders, a routine part of high-frequency trading, the case is likely to turn on whether prosecutors can prove that emails and instructions in Coscia's algorithm prove he intended to manipulate the market, according to Trace Schmeltz, an attorney specializing in white-collar crime at law firm Barnes & Thornburg. Coscia, in turn, may try to argue that "everyone was doing it" or that the canceled orders were a legitimate tool of price discovery, said Schmeltz, who is not involved in the case."
So changing your mind too often isn't a crime, knowingly trying to manipulate the market is. The question is, what can the prosecution prove? This Coscia case will be the precedent for Sarao. Unfortunatelly, Coscia was already convicted on Nov. 3rd,:
"Possible Sentence
Coscia is scheduled to be sentenced by U.S. District Judge Harry Leinenweber on March 17, prosecutors said. The fraud counts each carry a maximum sentence of 25 years in prison and a $250,000 fine, while the spoofing charges have 10-year maximum and a $1 million fine, they said."
http://www.bloomberg.com/news/artic...r-coscia-found-guilty-in-first-spoofing-trial
Edit: I guess Coscia was the trader I reffered to in my previous post, I just didn't remember the numbers correctly. The fines were bigger than what I posted.
"In 2013, Coscia settled civil claims by the CFTC by paying a $2.8 million fine and consenting to a one-year trading ban. The judge didn’t allow prosecutors to tell jurors about the settlement."