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Cahill Gordon Discusses the Case for Crypto Dark Pools, or Not

The world of decentralized finance (“DeFi”) recently witnessed a stark illustration of its inherent risks with the liquidation of James Wynn’s 949 BTC (valued at $99 million at the time) leveraged long position on Hyperliquid, a decentralized perpetuals exchange. The loss stemmed from two compounding factors: extreme leverage (40x), which created a razor-thin margin of safety, and the radical on-chain transparency that is a hallmark of blockchain technology.[1] Because all critical data about his position—its size, direction, and liquidation price of BTC of approximately $104,580—was available on a public ledger, it became a visible and tempting target for adversarial traders.

The Wynn liquidation is part of a broader pattern where DeFi’s transparency can be its own Achilles heel. Consider the March 2025 “Whale Hunting” liquidation—where a trader’s 40x leveraged Bitcoin short (valued at ~$520 million at the time) was publicly exposed, prompting another trader to rally others to push BTC’s price higher in an effort to try and trigger his liquidation[2]—or the $JELLY self-dealing price manipulation episode on Hyperliquid—where an attacker on Hyperliquid targeted the low-liquidity token $JELLY by simultaneously withdrawing on margin to force their own short liquidation.[3]

In the latter example, the attacker opened a large short position of $JELLY on Hyperliquid’s perpetuals market and withdrew his own collateral—setting up a forced liquidation if the $JELLY price rose. Using separate wallets, the attacker simultaneously purchased $JELLY on the spot market, artificially pushing up the price just enough to trigger the protocol’s oracle to markup $JELLY, showing how clearly observable positions can not only cause adversarial actors to exploit public data, but also enable self-dealing.[4]

Cases like these are examples of the “transparency paradox”: While DeFi’s openness is designed to create a trustless system, it also fosters an adversarial environment where every user’s strategy is exposed.

This adversarial environment is also driven by a core economic principle of many blockchains known as MEV. MEV refers to the maximum value that can be extracted from block production in excess of the standard block reward and gas fees by including, excluding, and changing the order of transactions in a block. While MEV serves a useful purpose—it creates a financial incentive for “block builders” to perform the computationally intensive work of constructing blocks—it can also lead to the predatory strategies of front-running and sandwich attacks that exploit user transactions.

The Wynn incident, among others, highlights the need to consider whether DeFi markets should be structured in a way to protect market participants from adversarial exploitation by, for example, keeping private information that bad actors can use to effectuate malicious MEV strategies.

This raises a few critical questions: could private execution layers, such as encrypted mempools or private order flow mechanisms, have shielded Wynn by concealing the very data that enabled malicious MEV strategies? If so, what role can technologies like private order flow and encrypted mempools, play in the future of DeFi? To address these questions, crypto protocol developers have started to implement market structures similar to those that have long existed in traditional financial markets—dark pools.

Dark Pools: From TradFi Concept to Crypto Necessity

Markets in Traditional Finance (“TradFi”) faced similar problems long before DeFi: traders executing large, visible orders—such as brokers routing institutional client flow—have long been vulnerable to front-running, price manipulation, and even targeted liquidation attempts.

In the equities markets in particular, concerns about information leakage and predatory trading led to the development of dark pools—regulated private trading environments—typically registered as Alternative Trading Systems (“ATS”)—that allow institutions to transact large blocks of securities on a marketplace that does not reveal their order details to the public market until after the trade is complete. By concealing trade details prior to execution, dark pools minimize slippage and mitigate front-running risk.

While crypto lacks a single directly analogous formal market structure, a growing number of decentralized tools seek to fulfill similar functions under different design constraints, primarily by shielding transactions from public view during the execution phase. Three principal architectures have emerged, each with distinct technical models and risk profiles:

The Case for Private Execution: Mitigating On-Chain Risks

While private execution layers cannot prevent market wide crashes due to all manipulative practices, they can neutralize targeted, predatory strategies that rely on public data. In the Wynn case, if the liquidation price of his BTC long position was hidden, it could not have served as a focal point for a speculative attack. These systems are a direct defense against malicious MEV, which is rampant on open ledgers. Key risks that could be mitigated include front-running, sandwich attacks, and forced liquidation cascades. Beyond risk mitigation for individual users, the availability of execution privacy is a critical factor for encouraging institutional adoption. Professional trading firms and institutions are hesitant to deploy complex strategies on public blockchains where their every move can be seen, copied, or countered. Dark pools offer a more familiar environment that provides the execution privacy they require to operate effectively.

Broader Ecosystem Impacts & Trade-Offs

The rise of private execution layers, while beneficial for individual users, introduces profound systemic risks and trade-offs. The most critical trade-off is the “Risk of Centralization.” The PBS model, while effective, encourages centralization around a small number of sophisticated block builders. This dominance is driven by the “latency game”—the need for sophisticated, co-located hardware and low-latency network connections to receive transaction data, build blocks, and win auctions faster than competitors. This creates a high barrier to entry and a winner-take-all market dynamic. A significant second-order risk is vertical integration, where large staking operators or centralized exchanges run their own exclusive, in-house builders. This would further concentrate power over transaction inclusion and censorship, directly threatening the underlying blockchain network’s neutrality and decentralization ethos, a concern often voiced by figures like Ethereum’s co-founder, Vitalik Buterin.

This centralization can lead to the creation of a two-tier market. Sophisticated players with access to dominant builders receive superior execution and privacy, while retail users are left on the public mempool—now a less liquid and higher-risk environment. MEV does not disappear; it simply evolves and becomes concentrated. The value once captured by thousands of public bots is now concentrated in the hands of a few builders, which can lead to complex, opaque off-chain agreements that further entrench their power.

A Cross-Chain Perspective: MEV and Privacy Beyond Ethereum

EVM-Compatible Layer 2s (L2s): A Temporary Reprieve

For most Ethereum Virtual Machine (“EVM”) compatible Layer 2 networks, such as Arbitrum and Optimism, concern of predatory public MEV is mitigated given the role of a “sequencer”. The sequencer is a single party responsible for L2 block building – receiving all transactions, ordering them, constructing and executing L2 blocks and posting them to the underlying Layer 1 chain. In this model, there is no public mempool for predatory bots to monitor. The sequencer itself functions as an execution environment—effectively a “default dark pool.”

However, this protection comes at the cost of a significant trade-off: centralized censorship risk. The single sequencer has the unilateral power to reorder, delay, or even censor user transactions. This centralized model is widely considered a temporary, transitional phase. As these networks progress toward sequencer decentralization to minimize their trust assumptions, they will inevitably replicate the open, competitive, and adversarial environment of Ethereum. At that point, they will face the exact same MEV problems and will almost certainly need to implement their own PBS-like systems and private order flow solutions.

High-Throughput Non-EVM Chains: A Different Arena, The Same Game

High-performance chains with different architectures, such as Solana, do not have a traditional mempool but are still intensely affected by MEV. On Solana, transactions are streamed directly to the current block producer (the “leader”). The competition to have transactions included at the precise moment of an arbitrage or liquidation opportunity often devolves into network spam, where bots flood the leader with transactions.

The market responded to this chaos with a solution analogous to Flashbots that mainly operates on Ethereum. Jito Labs created a system that allows traders to send transaction “bundles” directly to validators through a private channel. This enables validators to run an off-chain auction to capture MEV in an orderly fashion and share the revenue, all while reducing network spam.

This demonstrates that regardless of the specific on-chain architecture, any sufficiently valuable and decentralized network creates financial incentives for value extraction. In response, the market organically develops dark pool-like systems (private order flow) to mitigate the negative externalities of a transparent and adversarial transaction environment.

Emerging Concepts and Future Directions

The market is already evolving toward more advanced solutions. A notable paradigm shift is the move toward intent-based architectures. In these systems, users declare their desired outcome (e.g., “I want to swap 1 ETH for at least 3,500 USDC”) rather than crafting a specific transaction. A competitive network of third-party “solver” then determines the best way to fulfill this intent, often using private liquidity and dark pool mechanisms to achieve optimal execution without being front-run. Foundational protocols in this space include Anoma and SUAVE, a project by Flashbots aimed at creating a decentralized network for expressing and settling intents.

Legal and Regulatory Challenges

The deployment of dark pool-like functionality in crypto raises complex and overlapping regulatory issues across four key dimensions:

Conclusion

Crypto dark pools and private execution layers should not be viewed as tools for illicit secrecy, but rather as a necessary response to the systemic exploitation enabled by radical transparency. Cases like Wynn’s demonstrate that in a financial context, absolute transparency is not always synonymous with fairness. The emergence of similar private execution markets on other chains like Solana underscores that this transparency can be a fundamental challenge for any valuable blockchain network, not an issue unique to Ethereum. The future of DeFi will depend on responsible innovation that strikes a difficult balance between execution, privacy for users, long-term verifiability for the network, and overall market integrity. For these critical tools to mature safely, proactive and educated engagement with regulators is not just beneficial—it is essential.

ENDNOTES

[1] Dilip Kumar Patairya, This Crypto Trader Just Lost $100M, but He’s Still Not Done, Cointelegraph (June 17, 2025), https://cointelegraph.com/explained/this-crypto-trader-just-lost-100m-but-hes-still-not-done.

[2] The whale opened the initial $368 million position at $84,043 and managed to turn a profit, despite having to add $5 million to his short when traders started to “hunt” his short position’s liquidtion, See Zoltan Vardai, Whale Closes $516M 40x Bitcoin Short, Pockets $9.4M Profit in 8 Days, Cointelegraph (Mar. 18, 2025), https://cointelegraph.com/news/whale‐516m‐40x‐bitcoin‐short‐9‐4‐m‐8-days; Ryan S. Gladwin, Crypto Traders Are Hunting a $521 Million Bitcoin Whale—Here’s Why, Decrypt (Mar. 17, 2025), https://decrypt.co/310220/crypto-traders-hunting-521-million-bitcoin-whale.

[3] Simon Seojoon Kim, $1.1B Liquidation: Why Do All Large Web3 Traders Get Hunted?, Hashed Team Blog (Medium) (May 31, 2025), https://medium.com/hashed-official/1-1b-liquidation-why-do-all-large-web3-traders-get-hunted-96b6f0149267.

[4] DeFi Faces New Test as Low-Liquidity Token Gets Manipulated, Kaiko Research (June 17, 2024), https://research.kaiko.com/insights/defi-faces-new-test-as-low-liquidity-token-gets-manipulated.

[5] Securities Exchange Act of 1934 § 3(a)(1), 15 U.S.C. § 78c(a)(1) (2025).

[6] 17 CFR § 240.3b-16.

[7] Withdrawal of Proposed Regulatory Actions, 90 Fed. Reg. 25531 (June 17, 2025).

[8] Uniswap Labs, A Win for DeFi — SEC Closes Investigation into Uniswap Labs, Uniswap Blog (Feb. 25, 2025), https://blog.uniswap.org/a-win-for-defi.

[9] Deep Dive Into Tornado Cash: The Nuances of Immutability and Its Legal Implications, Crypto Under the Hood, Cahill Gordon & Reindel LLP (Jan. 30, 2025), https://www.cahill.com/publications/crypto-under-the-hood/2025-01-30-deep-dive-into-tornado-cash.

[10] U.S. Department of the Treasury, “Cyber-related Designation Removal; North Korea Designation Update and Removal,” March 21, 2025.

[11] See Office of Foreign Assets Control, Tornado Cash Delisting, U.S. Dep’t of the Treasury, Mar. 21, 2025; Steven A. Levy, Van Loon v. Department of the Treasury – A Decision with Important Implications for Bitcoin,Yale J. on Regulation: Notice & Comment (Dec. 15, 2024), https://www.yalejreg.com/nc/van-loon-v-department-of-the-treasury-a-decision-with-important-implications-for-bitcoin-by-steven-a-levy/; see also Van Loon v. Dep’t ofthe Treasury, No. 23-50669 (5th Cir. 2024) (holding Tornado Cash’s immutable smart contracts not “property” under IEEPA).

[12] Fin. Action Task Force, The FATF Recommendations (Feb. 2023), https://www.fatf-gafi.org/content/dam/fatf-gafi/recommendations/FATF%20Recommendations%202012.pdf.coredownload.inline.pdf

[13] DeFi Faces New Test as Low-Liquidity Token Gets Manipulated, Kaiko Research (June 17, 2024), https://research.kaiko.com/insights/defi-faces-new-test-as-low-liquidity-token-gets-manipulated.

This post comes to us from Cahill, Gordon & Reindel LLP. It is based on the firm’s memorandum, “The Case for Crypto Dark Pools, or Not?,” dated September 11, 2025, and available here.

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