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The CFTC Has Sent Prediction Market Rules to the White House. States Are Still in Court

The agency seeks to expand federal oversight of event contracts as courts split over whether sports bets on prediction platforms are swaps.

  • The Commodity Futures Trading Commission sent two new rules to the White House's Office of Management and Budget on September 28, seeking to redefine event contracts as swaps and solidify federal oversight of prediction markets.
  • This action follows recent legal setbacks where appeals courts ruled sports bets on Kalshi are not swaps, prompting the agency to defend its jurisdiction against state gambling regulations in at least nine states including New Jersey, Ohio, and Tennessee.
  • One proposed rule would classify event contracts as swaps, while an "interim final rule" would exclude "casino-style gambling products" from the definition, clarifying the CFTC's regulatory approach.
  • OMB officials are currently reviewing both submissions, a final step before the CFTC can publish the rules in the Federal Register for public comment and potential implementation.
  • Beyond prediction markets, CFTC Chairman Michael Selig submitted a separate "prerule" to the White House focused on crypto regulations, as President Donald Trump has left him as the commission's sole member.
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DeFi Rate broke the news on Wednesday, September 30, 2026.
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