any news on pretendo getting 3ds pokemon servers?

hey, a few days ago I saw a hacker in mario kart 7, he was playing as SHY GUY? and was flying around, clipping through walls, and throwing a bunch of items, this was on a public match, so pls look into it... heres a drawing of the suspect:

heres my FC on 3ds :3 4738-8286-6074