TLDR: It may be illegal to use fake volume trading bots now that the CFTC is involved in regulating bitcoins. Exchanges beware!!!
From the coindesk article about the CFTC getting involved in bitcoin:
http://www.coindesk.com/the-cftcs-not-so-hidden-message-traders-beware/Also note the CFTC may "conduct extraterritorial enforcement actions in this area" :
http://www.coindesk.com/bitcoin-as-a-commodity-what-the-cftcs-ruling-means/"
As highlighted by the TeraExchange case, US regulations prohibit a transaction that can be characterized as a “wash trade”, an “accommodation trade”, a “fictitious sale”, or a trade that “is used to cause any price to be reported, registered, or recorded that is not a true or bona fide price”. These provisions have been broadly applied to any situation where the CFTC believes the process by which a transaction occurs was not fair, open and competitive (unless otherwise provided for under its rules). And they create potential liability for the traders, not just the exchange.
For trades done on a CFTC registered platform, such as a SEF like TeraExchange or a contract market, there are specific prohibitions against (1) violating bids or offers, (2) intentional or reckless disregard for the orderly execution of transactions during a closing period, or (3) “spoofing”, which is defined in the statute as “bidding or offering with the intent to cancel the bid or offer before execution”. Spoofing is an area of particular CFTC attention recently.
There are prohibitions related to the theft or conversion and use of nonpublic information from the US government.
CFTC regulations broadly prohibit fraud in connection with any transaction under its jurisdiction. Technically, the language of one of the provisions reaches any cash commodity transaction in interstate commerce, although it is unlikely the CFTC wants to become the general overseer of fraud in all commercial marketplaces. But it does mean the CFTC may be able to exercise its discretion to bring a case if it otherwise becomes focused on a problem in the marketplace. Moreover, the relevant statute specifically prohibits a person from entering into a swap transaction “knowing, or acting in reckless disregard for the fact that its counterparty will use the swap as part of a ... fraud against a third party". The CFTC does not generally have to show actual intent to defraud, but can bring a case based on reckless conduct.
The CFTC has broad authority to police for manipulation. Here, the CFTC will look at manipulation not only directly in the derivatives market, but also in the “cash” market where it believes there is the potential for a price distortion effect on a related derivatives market. The CFTC does not need to prove actual intent to manipulate, but simply recklessness. And it has jurisdiction to seek serious sanctions, including fines of $1m per violation, and for attempted manipulation, which requires only evidence of the necessary state of mind (intent or recklessness) and an act that it can say was taken in furtherance of the manipulation."