Event Horizon
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Episode 14: Candidates And A Soldier Betting On Themselves Is A Problem
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Episode 14: Candidates And A Soldier Betting On Themselves Is A Problem

Roundup: Kalshi suffers setback in Ohio case that is before a federal appeals court; CFTC sues New York; Brazil blocks Kalshi and Polymarket.
I was on live TV talking about all of this twice this week.

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It’s good that political candidates and a US soldier were caught betting on prediction markets when they shouldn’t have. But a world where these things are happening in the first place doesn’t feel sustainable.

Check out the podcast for analysis of the biggest news in prediction markets with Daniel O’Boyle of InGame.

Prediction markets roundup

🚨 The important stuff

⚖️ Legal and regulatory news

  • CFTC Sues New York Over Prediction Markets Amid Ongoing Efforts to Preserve Jurisdiction (press release): The Commodity Futures Trading Commission today filed a lawsuit in the U.S. District Court for the Southern District of New York to halt the State of New York’s efforts to apply state gambling laws against CFTC-registered contract markets.

    • New York has sought to enforce state laws against CFTC-registered entities through cease-and-desist letters and civil enforcement suits. In its complaint against New York, the CFTC seeks a declaratory judgment that federal law grants it exclusive authority to regulate event contracts and requests a permanent injunction preventing the state from enforcing preempted state laws against its registrants.

    • “CFTC-registered exchanges have faced an onslaught of state lawsuits seeking to limit Americans’ access to event contracts and undermine the CFTC’s sole regulatory jurisdiction over prediction markets. New York is the latest state to ignore federal law and decades of precedent by seeking to enforce state gambling laws against CFTC-registered exchanges,” said Chairman Michael S. Selig. “As I’ve said before, the CFTC will not allow overzealous state governments to undermine the agency’s longstanding authority over these markets.”

    • The CFTC’s action builds upon ongoing efforts to affirm its exclusive jurisdiction over CFTC-registered designated contract markets that offer trading in event contracts. It follows similar CFTC lawsuits in Arizona, Connecticut, and Illinois.

    • And again from the CFTC, on Massachusetts: The Commodity Futures Trading Commission today filed an amicus brief in the Massachusetts Supreme Judicial Court confirming the CFTC’s exclusive jurisdiction over the U.S. commodity derivatives markets, including event contract markets commonly referred to as prediction markets. The brief was filed in Commonwealth of Massachusetts v. KalshiEx LLC, No. SJC-13906.

      • The filing in Massachusetts comes as a part of the CFTC’s broader effort to protect its jurisdiction over prediction markets from an ongoing campaign of state encroachment.

      • “Some states continue to pursue ever-escalating, illegal enforcement actions against CFTC-regulated exchanges, despite rulings from multiple courts halting those efforts,” said Chairman Michael S. Selig. “Congress has entrusted the CFTC with the sole authority to regulate commodity derivatives markets, including prediction markets. To any state that seeks to nullify federal law and seize authority over these markets, I say again: we will see you in court.”

      • The amicus brief outlines the history and structure of the Commodity Exchange Act and describes how the comprehensive scheme designed by Congress preempts state laws as applied to CFTC-regulated markets.

      • The CFTC has previously filed lawsuits against Arizona, Connecticut, Illinois, and New York, securing a temporary restraining order against state regulation of CFTC-regulated prediction markets in Arizona. The CFTC has also filed an amicus brief and argued that state laws are preempted before the U.S. Court of Appeals for the Ninth Circuit.

    • 👉 The three-way lawsuit game continues, as the CFTC sues states, prediction markets sue states, and states sue prediction markets! It’s full-employment season for lawyers. Just wait until someone tries to sue the CFTC!

    • State attorneys general continue to work together on amicus briefs:

    • Update from Tennessee:

📖 Everything else you should know/read

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