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Prediction Markets

Disputes involving markets in contracts whose payouts depend on future events.

Published coverage on this page: 3 cases · 17 statements. Statements are ordered newest first.

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17 matching statements

Logo of KalshiEX LLC

KalshiEX LLC

Role at the time: KalshiEX LLC, in a statement to FOX 13 News

Defended or excused

Statement summary

Kalshi says Utah's criminal case against the company and its co-founders is a crazy overreach and that the state is clearly playing politics, and says it expects to stop the case in court as it did in Arizona.

“This is a crazy overreach; Utah is clearly playing politics. We look forward to putting a stop to this in court, just like we did in Arizona.”
Open source (opens in a new tab)Utah levels criminal charges against Kalshi and some of its executivesArticle

What this label refers to

Relative to its offering of sports event contracts in Utah, Kalshi defends continuing its business by rejecting the state's criminal enforcement as political overreach.

Portrait of Derek Brown

Derek Brown

Role at the time: Utah Attorney General, in a statement to FOX 13 News

Condemned

Statement summary

Utah Attorney General Derek Brown says gambling is illegal in Utah whether a person places the bet, runs the game or promotes it, that neither the prediction market label nor federal registration changes that, and that Kalshi kept taking bets from Utahns after a federal court ruled that the state's gambling laws apply to it.

Quotation excerpt

“Gambling is illegal in Utah, whether you place the bet, run the game, or promote it. Calling it a ‘prediction market’ doesn’t change what it is, and being federally registered doesn’t put a company above the law. A federal court has already…”
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“Gambling is illegal in Utah, whether you place the bet, run the game, or promote it. Calling it a ‘prediction market’ doesn’t change what it is, and being federally registered doesn’t put a company above the law. A federal court has already ruled that Utah’s gambling laws apply to Kalshi. Kalshi kept taking bets from Utahns anyway. That is illegal, and we’re putting a stop to it”
Open source (opens in a new tab)Utah levels criminal charges against Kalshi and some of its executivesArticle

What this label refers to

Relative to Kalshi's offering of sports event contracts to Utah users, Brown calls the offering illegal gambling and says the state is putting a stop to it.

Portrait of Michael S. Selig

Michael S. Selig

Role at the time: Chairman of the Commodity Futures Trading Commission, in a CFTC press release

Defended or excused

Statement summary

CFTC Chairman Michael Selig says event contracts serve hedging and investment purposes and give the public information about the outcome of future events, that Congress made the CFTC the sole regulator of these markets, and that the commission will defend its exclusive jurisdiction.

Quotation excerpt

“Event contracts do not just serve hedging and investment purposes—they also provide the public with information about the outcome of future events. Congress entrusted the CFTC to be the federal regulator with sole responsibility to oversee…”
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“Event contracts do not just serve hedging and investment purposes—they also provide the public with information about the outcome of future events. Congress entrusted the CFTC to be the federal regulator with sole responsibility to oversee these markets. As I’ve said before, the CFTC has the expertise and responsibility to defend its exclusive jurisdiction over commodity derivatives, and that’s exactly what we’ll do.”
Read the official statement (opens in a new tab)CFTC Sues to Block State Enforcement in Utah Amid Ongoing Efforts to Preserve Jurisdiction · Commodity Futures Trading CommissionRelease Number 9315-26

What this label refers to

Relative to Kalshi's offering of event contracts, Selig defends their public information, hedging and investment functions. His jurisdiction argument supplies the legal basis for federal oversight.

Logo of Commodity Futures Trading Commission

Commodity Futures Trading Commission

Role at the time: Commodity Futures Trading Commission, co-plaintiff with the United States in the federal complaint against Utah

Challenged the characterization

Statement summary

In its federal complaint against Utah, the CFTC argues that Congress, by excluding transactions on CFTC-registered exchanges from the federal definition of a bet or wager, treated transactions regulated under the Commodity Exchange Act as something other than gambling.

“For Congress, then, CEA-regulated transactions are not gambling.”
Read the original text (opens in a new tab)United States and CFTC v. State of Utah and Derek Brown, No. 2:26-cv-01055 (D. Utah): complaintECF No. 1

What this label refers to

Relative to Kalshi's offering, the joint complaint challenges treating federally regulated event contracts as gambling.

Jacob Fortinsky

Role at the time: Novig co-founder, speaking in a CNBC interview

Defended or excused

Statement summary

Fortinsky says Novig has no reason to apologize and remains proud of the ad. He says its purpose was to explain the platform rather than represent women athletes.

“Ultimately, I think we have nothing to apologize for and are very proud of the work that we did,”
Open the original interview (opens in a new tab)Novig credits Sydney Sweeney campaign for growthOctober 3 article, Backlash against Just Sports ad section and Fortinsky's before-and-after platform figures.

What this label refers to

He explicitly defends the disputed advertising campaign against the criticism that it harmed women's sport.

Portrait of William Tong

William Tong

Role at the time: Attorney General of Connecticut, in a statement to SBC Americas

Defended or excused

Statement summary

Connecticut Attorney General William Tong dismissed Underdog’s federal lawsuit as a reuse of arguments other prediction markets have already lost, and said courts have repeatedly held that sports event contracts are sports betting and are not protected from state law by federal regulation.

“This is nothing more than the recycling of failed arguments from other prediction markets. Multiple courts have affirmed that sports event contracts are no different than sports betting and are not magically shielded by federal law.”
Open source (opens in a new tab)SBC Americas: Connecticut Attorney General William Tong on the Underdog suitStatement provided to SBC Americas, mid-article.

What this label refers to

On whether Connecticut may regulate sports prediction markets as gambling, Tong defends the state’s authority to do so, which is the conduct under scrutiny here. He asserts both that the contracts are indistinguishable from sports betting and that federal commodities regulation does not displace state law, the two propositions the preemption argument turns on. He is the first Connecticut law-enforcement principal recorded in this case, alongside the consumer-protection commissioner.

Bryan T. Cafferelli

Role at the time: Commissioner, Connecticut Department of Consumer Protection

Defended or excused

Statement summary

DCP Commissioner Bryan Cafferelli said Connecticut has received responses from four of the nine prediction-market companies it acted against (Novig, ProphetX, Gemini, Webull) and is working with them on next steps, while five others, including Underdog, had not formally responded.

“We have received a handful of responses to our actions last week... We are working with those who have responded on next steps.”
Open source (opens in a new tab)Prediction markets move to halt Connecticut enforcement

What this label refers to

Cafferelli continues defending Connecticut's enforcement posture, reporting on company compliance, consistent with his existing defense already documented in this case.

Logo of Underdog

Underdog

Role at the time: Plaintiff; prediction-market operator

Challenged the characterization

Statement summary

Underdog Exchange DCM, Inc. and UDM, LLC filed a federal lawsuit against Connecticut officials (DCP Commissioner Bryan Cafferelli, AG William Tong, and Kristofer Gilman) on September 15, 2026, seeking declaratory and injunctive relief on the grounds that the Commodity Exchange Act preempts Connecticut's enforcement against its prediction-market contracts.

“Underdog Exchange DCM, Inc. v. Tong, No. 3:26-cv-01499 (D. Conn.), seeking declaratory and injunctive relief on Commodity Exchange Act preemption grounds.”
Read the original text (opens in a new tab)Underdog Exchange DCM, Inc. v. Tong (D. Conn., filed Sept. 15, 2026)

What this label refers to

Underdog's federal suit challenges Connecticut's legal authority to regulate its prediction-market contracts as gambling, asserting federal preemption under the Commodity Exchange Act — directly disputing the case's central legal question from a new party distinct from Kalshi's existing litigation.

Diana Goode

Role at the time: Executive director, Connecticut Council on Problem Gambling

Defended or excused

Statement summary

Goode supports Connecticut's enforcement to preserve gambling safeguards.

“We support the state’s efforts, including seeking judicial remedies”
Read the official statement (opens in a new tab)Diana Goode supports state enforcement · Office of the Governor of ConnecticutDiana Goode quotation; final paragraph

What this label refers to

Her express approval supports enforcement; it does not merely describe it.

Portrait of Ned Lamont

Ned Lamont

Role at the time: Governor of Connecticut

Defended or excused

Statement summary

Lamont accuses prediction markets of disregarding safeguards and misleading consumers about legality.

“they are not adhering to Connecticut’s consumer protection standards”
Read the official statement (opens in a new tab)Ned Lamont criticizes prediction-market protections · Office of the Governor of ConnecticutGovernor Lamont's second quoted paragraph

What this label refers to

The case asks whether Connecticut can regulate sports prediction markets as gambling, and the conduct under scrutiny is the state's enforcement. Lamont announced the state's actions against nine prediction-market companies and accused them of not adhering to Connecticut's consumer protection standards, which supports the enforcement, so we labeled it Defended or excused. The closest competing label is Condemned, which here would mean opposing state regulation of the markets; his criticism is aimed at the companies, not at the state's action. Evidence: the governor's announcement.

Portrait of Jacki McGavick

Jacki McGavick

Role at the time: Kalshi spokesperson

Condemned

Statement summary

McGavick argues that blocking federally supervised exchanges undermines consumer safety.

“You don't protect consumers by blocking exchanges that are actually regulated”
Open source (opens in a new tab)Jacki McGavick responds to Connecticut · CT InsiderMcGavick statement following the governor's September 10 news conference

What this label refers to

She criticizes the restriction itself, arguing it harms consumers.

Bryan T. Cafferelli

Role at the time: Connecticut Commissioner of Consumer Protection

Defended or excused

Response to this claim

The Connecticut Department of Consumer Protection argues that the sports-event products named in its September announcement must comply with the state's gambling licensing and consumer-protection requirements.

“sports betting may only be offered by legal, licensed sportsbooks that adhere to our regulations and technical standards”
Read the official statement (opens in a new tab)Connecticut announces nine prediction-market cease-and-desist orders · Office of the Governor of ConnecticutOpening paragraphs; Commissioner Cafferelli quotation; nine-operator list
Why we used this label

Cafferelli invokes mandatory state licensing and consumer protection to justify the announced enforcement. This substantively supports the state's action; it does more than dispute terminology for the products.

Portrait of William Tong

William Tong

Role at the time: Attorney General of Connecticut

Defended or excused

Statement summary

Tong alleges that Kalshi lacks safeguards Connecticut requires and rejects its argument that federal law shields its sports contracts from state regulation.

“None of that is happening now on Kalshi, and we’re suing to put a stop to it”
Read the official statement (opens in a new tab)William Tong criticizes Kalshi's consumer safeguards · Office of the Connecticut Attorney GeneralAttorney General Tong's quotation; final sentence after the list of consumer protections

What this label refers to

The case asks whether Connecticut can regulate sports prediction markets as gambling, and the conduct under scrutiny is the state's enforcement. Tong says Kalshi lacks the safeguards Connecticut requires and that the state is suing to stop it, which supports the enforcement, so we labeled it Defended or excused. The closest competing label is Condemned, which here would mean opposing state regulation of the markets; his criticism is aimed at Kalshi, not at the state's action. Evidence: the attorney general's announcement.

Jovy Dedaj

Role at the time: Head of litigation at Kalshi

Condemned

Statement summary

Dedaj criticizes what he describes as selective Connecticut enforcement against Kalshi and argues for federal oversight.

“This unequal treatment is exactly why federal oversight is necessary.”
Read the original post (opens in a new tab)Jovy Dedaj responds to Connecticut's lawsuit · Jovy DedajPost 2092719610936377746; concluding sentence on unequal treatment and federal oversight

What this label refers to

Dedaj's unequal-treatment argument criticizes Connecticut's enforcement choices. It substantively rejects the state's approach rather than merely disputing terminology.

Portrait of Michael S. Selig

Michael S. Selig

Role at the time: Chairman of the Commodity Futures Trading Commission

Condemned

Statement summary

Michael S. Selig criticized state restrictions on federally regulated event markets when the CFTC announced lawsuits against Connecticut, Arizona and Illinois.

“The CFTC will continue to safeguard its exclusive regulatory authority over these markets and defend market participants against overzealous state regulators”
Read the official statement (opens in a new tab)CFTC announces lawsuits against Connecticut, Arizona and Illinois · Commodity Futures Trading CommissionRelease 9206-26; opening paragraph and Chairman Michael S. Selig quotation

What this label refers to

Selig criticizes the state regulators' intervention and argues that inconsistent requirements undermine consumer protection. That is substantive criticism of the challenged restrictions, beyond a disagreement over how to describe the contracts.

Logo of Mohegan Tribe

Mohegan Tribe

Role at the time: Joint testimony of the Mohegan Tribe and Mashantucket Pequot Tribal Nation

Defended or excused

Statement summary

The two tribes jointly defended Connecticut's prohibition of sports prediction markets. They opposed a narrower age-restriction bill because they said it could legitimize products already barred by state law.

“prediction markets involving gaming (including sporting events) are already illegal in Connecticut”
Read the original text (opens in a new tab)Joint Mohegan and Mashantucket Pequot testimony on HB 5038February 18 joint testimony, pages 1-2

What this label refers to

Defends state prohibition; opposing a narrower bill does not mean supporting the markets.

Paul Grewal

Role at the time: Chief Legal Officer of Coinbase, writing in a thread on X

Condemned

Statement summary

Coinbase Chief Legal Officer Paul Grewal wrote on X that state efforts to control or block prediction markets violate the law. He said prediction markets differ from sportsbooks because they are neutral exchanges that match buyers and sellers.

Quotation excerpt

“State efforts to control or outright block these markets stifle innovation and violate the law Prediction markets are fundamentally different from sportsbooks. Casinos win only if you lose and set odds to maximize their profits Prediction…”
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“State efforts to control or outright block these markets stifle innovation and violate the law Prediction markets are fundamentally different from sportsbooks. Casinos win only if you lose and set odds to maximize their profits Prediction markets are neutral exchanges, indifferent to price, that match buyers and sellers.”
Open source (opens in a new tab)Coinbase files lawsuits in 3 states over attempts to regulate prediction marketsParagraphs quoting Grewal's thread on X

What this label refers to

The case asks whether Connecticut can regulate sports prediction markets as gambling. Grewal wrote that state efforts to control or block these markets stifle innovation and violate the law, and that prediction markets are neutral exchanges that differ from sportsbooks. That expressly rejects state regulation of these markets as gambling, so we labeled it Condemned.

People in this topic

Derek Brown

Derek Brown is a Republican lawyer and politician who has been Utah's attorney general since January 2025. He represented House District 49, covering Sandy and Cottonwood Heights, in the Utah House of Representatives from 2011 to 2014, and then served as deputy chief of staff and state director for U.S. Senator Mike Lee. He earlier practiced constitutional and appellate law at Mayer Brown and Sidley Austin, worked as legal counsel to Senators Bob Bennett and Orrin Hatch, and later chaired the Utah Republican Party.

1 case and 1 statement

Michael S. Selig

Michael S. Selig is the Chairman of the U.S. Commodity Futures Trading Commission, sworn in on December 22, 2025. A lawyer, he was previously a partner at Willkie Farr & Gallagher and chief counsel to the Securities and Exchange Commission's crypto task force.

2 cases and 2 statements

Jacob Fortinsky

Co-founder and CEO of Novig, a U.S. sports prediction market.

1 case and 1 statement

William Tong

Connecticut attorney general

1 case and 2 statements

Bryan T. Cafferelli

Bryan T. Cafferelli is the Commissioner of the Connecticut Department of Consumer Protection, appointed in March 2023. A lawyer, he previously served as legal counsel to the Connecticut Senate Republican Office and as a drug control attorney at the department. He also worked as a prosecutor in Stamford and as chief of staff and legal counsel to Lieutenant Governor Michael Fedele. He earned degrees in political science at the University of South Carolina and law at the University of Connecticut.

1 case and 2 statements

Diana Goode

Executive Director at Connecticut Council on Problem Gambling

1 case and 1 statement

Ned Lamont

Ned Lamont is the Democratic governor of Connecticut. He founded a telecommunications business before entering statewide politics. His earlier public service included the Greenwich Board of Selectmen.

1 case and 1 statement

Jacki McGavick

Kalshi spokesperson and former Special Assistant to the President of the United States

1 case and 1 statement

Jovy Dedaj

Kalshi head of litigation

1 case and 1 statement

Paul Grewal

Paul Grewal is an American lawyer who was Coinbase's chief legal officer from 2020 to July 2026. He previously was vice president and deputy general counsel at Facebook, a U.S. magistrate judge in the Northern District of California and a partner at Howrey. He earned his law degree at the University of Chicago and his undergraduate degree at MIT.

1 case and 1 statement