Actually, you might be correct.  I had seen the $9,000 on the upper left of the Pic, but then when I looked more closely, it is difficult to see if bitstamp had already hit $9k or not, but when I look at the 1 minute candles it looks like bitstamp may have already gone above $9k at the time of the post and then came back below $9k within the next minute.  Both of those minutes show BTC prices that had gone above $9k, even though the screen shot might not have caught it... which surely would have been the rules to have a screen shot of it... so yeah, you are right it is a LFC call regarding how to treat that particular ambiguity.