It's unclear what the specific allegation is here.
The HFT's definitely can see the orders before the person entering the order "received confirmation," because the HFTs have servers in the same building as the CME and their algorithms are lightning fast. That in itself is legal.
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[ 4.5 ms ] story [ 18.4 ms ] threadThe HFT's definitely can see the orders before the person entering the order "received confirmation," because the HFTs have servers in the same building as the CME and their algorithms are lightning fast. That in itself is legal.