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A federal appeals court has ruled that New Jersey gaming regulators cannot prevent Kalshi from allowing people in the state to use its prediction market to place financial bets on the outcome of sporting events. The decision marks a significant victory for Kalshi and similar prediction market operators.The three-judge panel of the Philadelphia-based third US circuit court of appeals ruled 2-1, finding that the US Commodity Futures Trading Commission (CFTC) has exclusive jurisdiction over the sports-related event contracts that Kalshi allows people to trade on its platform.This ruling is a major setback for states like New Jersey, which had argued that firms like Kalshi were operating without required state licenses, in violation of gaming laws, including bans on wagers by those under 21. New Jersey had sent Kalshi a cease-and-desist letter last year, stating that its listing of sports-related event contracts on its platform violated state gambling laws.Kalshi had sued the state, arguing that its event contracts qualify as “swaps”, a type of derivative contract, that under the Commodity Exchange Act can only be regulated by the CFTC, which had granted the company a license to operate a designated contract market (DCM).The ruling was in line with the position advanced by the CFTC under Donald Trump’s administration. The regulator sued Arizona, Connecticut, and Illinois last week to prevent them from pursuing what it called unlawful efforts to regulate prediction markets.“Congress gave the CFTC exclusive jurisdiction over trades on DCMs, and this decision affirms the goals of Congress,” said Brooke Nethercott, a CFTC spokesperson.However, US circuit judge Jane Richards Roth dissented, saying Kalshi was facilitating gambling and that its “offerings were virtually indistinguishable from the betting products available on online sportsbooks, such as DraftKings and FanDuel”.The New Jersey attorney general's office said it was evaluating its options, including potentially asking the full third circuit to rehear the case.

The US government has taken legal action against Illinois for attempting to regulate the rapidly growing online prediction market industry. The lawsuit, filed in Chicago federal court, claims that Illinois' efforts to shut down so-called designated contract markets regulated by the Commodity Futures Trading Commission (CFTC) are unlawful.Online prediction markets allow users to bet on a wide range of events, from Oscar winners to military conflicts. These platforms classify their offerings as 'event derivatives,' which fall under federal commodities law and are overseen by the CFTC. This classification allows them to operate in all 50 states for users 18 and older.Illinois introduced legislation earlier this year that would impose strict regulations on prediction markets, including an effective ban on sports-related trades, advertising restrictions, and age verification measures. The CFTC argues that this legislation intrudes on its exclusive authority to regulate national swaps markets.The lawsuit is the first by the CFTC to block state gaming regulators from policing operators of prediction markets. It cites cease-and-desist letters sent by the Illinois gaming board to companies like Kalshi, Polymarket, and Crypto.com, alleging violations of Illinois gambling laws.The federal lawsuit names Illinois Governor JB Pritzker and Illinois Attorney General Kwame Raoul as defendants. The case highlights the ongoing debate over the regulation of prediction markets, with some arguing they are essentially gambling operations and others seeing them as federally regulated financial exchanges.Congress is also considering federal measures to regulate prediction markets, including a bipartisan bill introduced by US senators that would ban federally regulated platforms from allowing wagers on sporting events.

The regulatory environment for prediction markets is becoming increasingly complex, with several states having already banned Kalshi and Polymarket. The Commodity Futures Trading Commission (CFTC), led by Michael Selig, has expressed support for the industry, arguing that federal law pre-empts state regulations.

US lawmakers, including Senator Chris Murphy and Representative Greg Casar, are taking steps to regulate prediction markets by introducing the Banning Event Trading on Sensitive Operations and Federal Functions (BETS OFF) Act. This legislation seeks to prohibit wagers on sensitive events such as government actions, terrorism, war, assassination, and events where an individual knows or controls the outcome. The proposed bill comes in response to concerns that betting platforms like Kalshi and Polymarket have allowed users to profit from geopolitical conflicts, including the US and Israel's joint strikes against Iran and the abduction of Venezuelan President Nicolas Maduro. Critics argue that these platforms enable individuals with insider knowledge to influence government decisions and profit from them. Murphy emphasized that the legislation aims to prevent the monetization of sensitive events, stating, "What happens to us spiritually when every moral question in this country becomes a market?" He added that certain matters should not be influenced by the potential for profit. The lawmakers cited examples of significant profits made by users on Polymarket, including a $500,000 profit from a bet on Iran's supreme leader being out of power hours before a strike. They suggested that such trades may have been made by individuals with insider knowledge from within the White House or close to the administration. The BETS OFF Act is part of a broader effort to regulate the prediction market industry. Other proposed legislation includes measures to establish federal consumer protections, ban elected officials from profiting from prediction markets, and impose age verification for users.