CFTC takes casino sportsbooks out of the swap definition and proposes to put sports event contracts in
CFTC issued an interim final rule on Oct. 9 excluding state- and tribal-licensed casino sportsbooks from the swap definition. A proposal published the same day would treat exchange-traded sports and politics event contracts as swaps, so federal treatment would follow the venue.
Reality
- Evidence55
- Adoption
- Not scored
- Hype gap+5
- Incentives
- Not scored
- Confidence50
TD Cowen sees a realistic risk that the CFTC's leveraged crypto rules unravel before the 2028 election
TD Cowen's Jaret Seiberg says the CFTC's leveraged retail crypto rules may not be final until early 2028, colliding with the election cycle. A new administration could revise or drop them, and a rushed schedule invites a procedural court challenge.
Reality
- Evidence50
- Adoption
- Not scored
- Hype gap−10
- Incentives
- Not scored
- Confidence50
CFTC proposed two crypto leverage rules under existing law on October 5, 20 days after the CLARITY Act stalled 49-50 in the Senate. Until Congress acts, what counts as compliant for leveraged retail crypto will be set by CFTC rulemaking.
Reality
- Evidence66
- Adoption
- Not scored
- Hype gap+20
- Incentives
- Not scored
- Confidence64
CFTC opens comment on a federal crypto venue for retail trades financed with leverage or margin
CFTC's October 5 advance notice seeks comment on a federally registered crypto venue for retail trades made with leverage, margin or financing. Chair Michael Selig says registration is voluntary and a mandate over every spot trade needs Congress.
Reality
- Evidence58
- Adoption
- Not scored
- Hype gap−5
- Incentives
- Not scored
- Confidence60
Pham says the CFTC can regulate crypto without new laws, citing a statute that excludes onions
Former CFTC acting chair Caroline Pham says the Commodity Exchange Act already gives the agency extensive crypto authority after its October 5 proposal. The CLARITY Act failed to advance in September, so regulators are left with existing powers while lawmakers weigh more legislation.
Reality
- Evidence50
- Adoption
- Not scored
- Hype gap+25
- Incentives60
- Confidence50
States and tribal nations press the Supreme Court to rule on sports prediction contracts
Thirty-nine states, D.C., 145 tribal nations, the NFL and Gary Gensler urged the Supreme Court to decide whether sports prediction contracts are swaps. Two of the three appeals courts to rule have called those contracts state-regulated gambling, so platforms on federal licenses still face two possible regulators.
Reality
- Evidence55
- Adoption
- Not scored
- Hype gap+5
- Incentives65
- Confidence55
Mike Selig's CFTC put one rule into force Friday and proposed another defining event contracts as swaps under its sole oversight, with 30 days for comment. States have won two of three federal appellate rulings so far, and the Supreme Court has been asked to settle the fight.
Perspective Coverage
6 publishers
- Builder
- Builder 12%
- Operator
- Operator 51%
- Investor
- Investor 37%
Reality
- Evidence74
- Adoption
- Not scored
- Hype gap+15
- Incentives70
- Confidence70
NFL urges the Supreme Court to hear New Jersey's challenge to Kalshi's sports contracts
New Jersey's bid for Supreme Court review of a ruling that shields Kalshi's sports contracts from state gaming law won the NFL's backing in an October 8 brief. The league counts its games as $1.8 billion of $3.3 billion traded on prediction markets on the season's first Sunday, so a ruling would decide who regulates most of that money.
Reality
- Evidence62
- Adoption55
- Hype gap+8
- Incentives70
- Confidence58
CFTC proposed two crypto rules creating a narrower exchange license for leveraged, margined and financed trades, open to comment for 60 days. Plain spot trading falls outside the CFTC's authority, and officials say they cannot yet size that leftover market.
Perspective Coverage
17 publishers
- Builder
- Builder 13%
- Operator
- Operator 48%
- Investor
- Investor 39%
Reality
- Evidence78
- Adoption8
- Hype gap+25
- Incentives62
- Confidence72
Sixth Circuit judges let Ohio and Tennessee enforce gambling law against Kalshi's sports contracts, putting two of three appeals courts on the states' side. New Jersey's contrary ruling still stands, so the same federally registered contract now has a different legal status depending on the state.
Perspective Coverage
6 publishers
- Builder
- Builder 14%
- Operator
- Operator 46%
- Investor
- Investor 40%
Reality
- Evidence82
- Adoption
- Not scored
- Hype gap+15
- Incentives45
- Confidence76
Kalshi wins partial injunction in Chicago; judge leaves Illinois's new prediction-market fees unresolved
Judge Martha Pacold barred Illinois from enforcing its license and criminal rules against Kalshi but deferred a fee stack that takes 15% of gross receipts. The fees stay on the state's books while she hears more argument on whether a charge that size amounts to regulation.
Reality
- Evidence62
- Adoption
- Not scored
- Hype gap+12
- Incentives45
- Confidence58
Bitcoin's rebound on US crypto rules still leaves it 2.5% below its yearly open
Bitcoin twice topped $86,000 on Tuesday after the CFTC floated crypto rules, then slipped to $85,500, about 2.5% below its $87,722 yearly open. Liquidations shrank to $30 million on the day, so a quiet derivatives market goes into the upcoming consumer price report.
Reality
- Evidence45
- Adoption
- Not scored
- Hype gap+20
- Incentives
- Not scored
- Confidence45
Better Markets says the CFTC lacks the mandate to police leveraged retail crypto under the plan it floated on October 5. Its harder objection for the agency to answer is legal: the group says the statute the CFTC relies on was written for leveraged precious-metals fraud.
Reality
- Evidence55
- Adoption
- Not scored
- Hype gap+5
- Incentives65
- Confidence60
CFTC pairs its optional crypto exchange registration with a 28-day wallet delivery exception
CFTC on Oct. 5 opened a consultation on an optional federal registration for crypto venues offering retail leverage, with 60 days for comments. Chairman Michael Selig also proposed a 28-day wallet-delivery test that would generally exempt those trades from registered-exchange trading rules.
Reality
- Evidence45
- Adoption
- Not scored
- Hype gap+15
- Incentives
- Not scored
- Confidence40
CFTC staff let U.S. exchanges remove expiry dates from perpetual-style index futures on October 3, with five days' notice to holders of open positions. Contracts on other assets are excluded, so this is a narrow step toward bringing onshore a product that has mostly traded offshore.
Reality
- Evidence72
- Adoption15
- Hype gap+20
- Incentives40
- Confidence68
CFTC's October 5 notice suggests retail crypto counts as delivered within 28 days only if the customer holds the private keys. That preliminary test would decide whether coins kept on exchange books fall under rules the agency has not yet proposed.
Reality
- Evidence55
- Adoption
- Not scored
- Hype gap+25
- Incentives60
- Confidence58
Michael Selig filed an early-stage crypto rulemaking with the White House budget office two days after the Senate stalled the CLARITY Act, and the filing's own schedule puts a binding rule in late 2027.
Perspective Coverage
6 publishers
- Builder
- Builder 14%
- Operator
- Operator 45%
- Investor
- Investor 41%
Reality
- Evidence62
- Adoption6
- Hype gap+35
- Incentives55
- Confidence60
Kalshi's partial win in Illinois leaves the state's fee rules in play
Judge Martha Pacold on October 2 partly enjoined Illinois licensing of Kalshi and Coinbase sports contracts as likely preempted by federal law. Illinois' transaction fees went to further briefing, so the per-trade cost of serving the state is still unsettled.
Reality
- Evidence45
- Adoption
- Not scored
- Hype gap+5
- Incentives
- Not scored
- Confidence40
Coinbase won CFTC registration for its own clearinghouse on September 28, ten months after applying, covering only fully collateralized contracts. Its margined book and planned stock perpetuals still clear through partners, so the leveraged trading that dominates crypto volume stays outside.
Perspective Coverage
6 publishers
- Builder
- Builder 23%
- Operator
- Operator 39%
- Investor
- Investor 38%
Reality
- Evidence80
- Adoption
- Not scored
- Hype gap+25
- Incentives60
- Confidence75
CFTC sent the White House two rules on Sept. 28 that would define event contracts as swaps and carve out casino-style gambling products. The agency is trying to settle by rule a state-federal fight that has split appeals courts and now sits before the Supreme Court.
Perspective Coverage
5 publishers
- Builder
- Builder 18%
- Operator
- Operator 49%
- Investor
- Investor 33%
Reality
- Evidence70
- Adoption
- Not scored
- Hype gap+30
- Incentives65
- Confidence72