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Invest Widely confirmed12 publishers 3 min read Published

New York extends its prediction-market gambling crackdown to Polymarket

New York sued Polymarket U.S. on Thursday for triple its gains plus $100,000 per sports-wager offer, following actions against Kalshi, Coinbase and Gemini. The state's gambling test fits the event contract itself, so one ruling could reset what investors pay for every operator New York has pursued.

The Investor · Invest desk

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What happened

  • The Polymarket filing came nearly two months after New York sued its competitor Kalshi.
  • The suit also asks for an account of every trade placed on the platform, the money users lost and what Polymarket U.S. earned.
  • Bank of America data show consumer adoption of betting platforms, prediction markets included, rose 40% in July, with first-time use three times its start-of-year level.

Why it matters

  • Who's exposed exposure An investor in Kalshi, Polymarket, Coinbase or Gemini faces the same legal question, because New York's gambling test is written around the event contract itself.
  • What it costs cost The per-offer charge falls hardest on whichever operator has listed the most sports markets for New York users, whether or not those markets were profitable.
  • What it sets up precedent A Supreme Court ruling on CFTC versus state authority would settle the licensing question for every operator in one decision.

Franco Granda, a senior research analyst at PitchBook, told American Banker that with New York having already taken action against Kalshi, Coinbase and Gemini, a similar action against Polymarket was foreseeable [2]. "Investors should treat litigation against individual prediction markets as a risk across the industry," he said [3].

The complaint supports him. New York argues Polymarket's markets are gambling because "the outcomes of the events on which its users are betting are uncertain and outside the control of the bettor or hinge on a game of chance" [4]. That test describes an event contract, whoever lists it. Neal Kumar, Polymarket's chief legal officer, made the same point from the defendant's side. "While the Attorney General's decision to copy and paste a recycled lawsuit is disappointing, we'll fight for our users," he said [5].

The money is in the remedies. The state wants three times any gains plus $100,000 for each attempt or offer of "sports wagering or mobile sports wagering" in New York [6]. It also wants a court order barring Polymarket from operating without a state gambling license [7]. The per-offer term counts listings, or rather attempts and offers, and does not depend on whether a market made money: 1,000 of them would come to $100 million [19] before the treble-gains figure is added. The complaint as reported does not say how many sports markets Polymarket U.S. has offered New Yorkers.

One path runs through Washington. The CFTC has sued several states, asserting its right to regulate these markets [14], and American Banker reports that the question of who regulates may be decided by the Supreme Court [8]. A ruling for federal authority would undercut New York's actions against all four companies at once [20]. Another path is a state win on the gambling definition. Each operator would then need a Gaming Commission license or would have to leave New York, and the per-offer penalty would apply to each of them. A third is a run of separate settlements, each firm negotiating its own fine. The risk would then be company-specific again.

I think the first two paths are the likelier ones, so the risk is correlated. A settlement that accepts a state license would concede the authority the CFTC is suing states to defend, and Polymarket U.S. has been CFTC-regulated since its December 2025 debut [13]. The counter-case comes from Granda himself. "Right now, Kalshi is bearing most of the burden when it comes to court appearances, but one could assume Polymarket will be targeted next," he said [9]. Separate courts on separate schedules can split. The correlated view is wrong if a court rules on one firm's conduct and leaves the definition alone. The Polymarket complaint already contains that kind of fact. It says the platform allows users over 18 and cites a state addiction-services report calling 18-to-24-year-olds "high-risk" [10].

"The commercial question extends beyond potential fines and customer access," Granda said. "In my view, it could impact partners' willingness to commit resources and the valuation investors are willing to pay." [11] Some partners have already committed. CNBC, which reported the Polymarket suit, disclosed a commercial relationship with Kalshi that includes customer acquisition and a minority investment [18].

What to watch

  • A Supreme Court decision to hear the dispute between the CFTC and the states over who regulates prediction markets.
  • Any settlement in which one of the four operators takes a New York Gaming Commission license and concedes state authority.
  • Whether the first ruling in Kalshi's New York case turns on the gambling definition or on facts specific to Kalshi.

Information, not investment advice. This story is general information about companies and markets, drawn from cited reporting. It is not a recommendation to buy, sell or hold any security; check the cited sources before acting.

Clarity's read

What the record supports and how the coverage leans. The claims behind it follow.

Reality

Evidence80
Adoption60
Hype gap+15
Incentives60
Confidence75

Perspective Coverage

12 publishers
Builder
Builder 11%
Operator
Operator 52%
Investor
Investor 37%
Why these scores

Claim ledger

Ranked by verification strength, evidence, and original report placement.

  1. [1]

    New York State filed suit against Polymarket U.S. on Thursday, nearly two months after the state sued the platform's competitor, Kalshi.

    Reported Source: CNBCView cited source
  2. [2]

    "New York had already taken action against Kalshi, Coinbase, and Gemini, [so] a similar action against Polymarket was foreseeable," Franco Granda, senior research analyst at PitchBook, said.

    Reported Source: Franco Granda, PitchBook, to American BankerView cited source
  3. [3]

    "Investors should treat litigation against individual prediction markets as a risk across the industry," Granda said.

    Reported Source: Franco Granda, PitchBook, to American BankerView cited source
  4. [4]

    The New York lawsuit alleges Polymarket's prediction markets meet the legal definition of gambling because "the outcomes of the events on which its users are betting are uncertain and outside the control of the bettor or hinge on a game of chance."

    Reported Source: New York lawsuit, as reported by American BankerView cited source
  5. [5]

    "While the Attorney General's decision to copy and paste a recycled lawsuit is disappointing, we'll fight for our users," Neal Kumar, Polymarket's chief legal officer, said.

    Reported Source: Neal Kumar, Polymarket, statement to American BankerView cited source
  6. [6]

    The lawsuit asks for penalties including three times the amount of any Polymarket gains and $100,000 for each attempt or offer of "sports wagering or mobile sports wagering" in New York.

    Reported Source: CNBCView cited source
  7. [7]

    The suit seeks a court order that would stop Polymarket from operating without a state gambling license and require it to pay fines, forfeit illegal gains and pay restitution.

    Reported Source: American BankerView cited source
  8. [8]

    The question of who is allowed to regulate prediction markets, the CFTC or state gaming regulators, may be decided by the Supreme Court.

    Reported Source: American BankerView cited source
  9. [9]

    "Right now, Kalshi is bearing most of the burden when it comes to court appearances, but one could assume Polymarket will be targeted next," Granda said.

    Reported Source: Franco Granda, PitchBook, to American BankerView cited source
  10. [10]

    The lawsuit claims Polymarket allows activity by users over 18 and cites a report from the state's Office of Addiction Services and Supports that those between 18 and 24 are at "high-risk" of gambling addictions.

    Reported Source: CNBCView cited source
  11. [11]

    "The commercial question extends beyond potential fines and customer access," Granda said. "In my view, it could impact partners' willingness to commit resources and the valuation investors are willing to pay."

    Reported Source: Franco Granda, PitchBook, to American BankerView cited source
  12. [12]

    The lawsuit claims Polymarket operates an illegal gambling platform in violation of state gambling laws, including having no license with the New York State Gaming Commission.

    Reported Source: CNBCView cited source
  13. [13]

    Polymarket U.S. debuted in December 2025 and is regulated by the Commodity Futures Trading Commission.

    Reported Source: CNBCView cited source
  14. [14]

    The CFTC has sued several states, asserting it has the right to regulate prediction markets.

    Reported Source: CNBCView cited source
  15. [15]

    The lawsuit asks Polymarket U.S. to provide an account of all trades placed on the platform, the money lost by users and the amount Polymarket U.S. earned.

    Reported Source: CNBCView cited source
  16. [16]

    "Polymarket was founded in a tiny NYC apartment and now has more than 350 employees here, embodying why people and businesses come here to make it. We believe in New York and we're staying here," Neal Kumar said.

    Reported Source: Neal Kumar, Polymarket chief legal officerView cited source
  17. [17]

    Consumer adoption of online betting platforms, including prediction markets, was up 40% in July and first-time use was up 3x compared with the start of the year, according to BofA consumer data.

    Reported Source: Bank of America consumer data, via American BankerView cited source
  18. [18]

    CNBC and Kalshi have a commercial relationship that includes customer acquisition and a minority investment.

    Reported Source: CNBC disclosureView cited source
  19. [19]

    At $100,000 per attempt or offer, 1,000 sports-wagering offers would total $100 million in per-offer penalties.

    Derived
  20. [20]

    New York has moved against four prediction-market operators: Kalshi, Coinbase, Gemini and Polymarket.

    Derived

Sources

12 independent publishers whose own reporting we read for this story.

  1. americanbanker.com

    1 article · September 25, 2026

    New York sues Polymarket, alleging "illegal gambling"
  2. bankless.com

    1 article · September 24, 2026

    New York Sues Polymarket Over Alleged Illegal Gambling
  3. cnbc.com

    1 article

    New York sues Polymarket U.S., two months after filing suit against Kalshi
  4. cointelegraph.com

    2 articles · September 24, 2026

    New York sues Polymarket over alleged illegal gambling business
  5. crowdfundinsider.com

    1 article · September 25, 2026

    New York Attorney General (NYAG) James and Governor Hochul File Suit to Halt Polymarket’s Unlicensed Event Contracts
  6. crypto.news

    1 article · September 24, 2026

    Polymarket sued by New York over alleged illegal gambling
  7. cryptopolitan.com

    1 article · September 24, 2026

    New York sues Polymarket, reigniting the state-versus-federal fight over event contracts
  8. cryptoslate.com

    1 article · September 24, 2026

    Polymarket becomes New York’s latest prediction-market target
  9. decrypt.co

    1 article · September 24, 2026

    New York Wants to Ban Polymarket, Lawsuit Calls It 'Illegal Gambling Operation'
  10. finance.yahoo.com

    1 article · September 24, 2026

    New York sues Polymarket over unlicensed gambling operation
  11. pymnts.com

    2 articles · September 24, 2026

    PYMNTS | Polymarket Slams NY Lawsuit as State Targets Prediction Mark…
  12. unchainedcrypto.com

    1 article · September 25, 2026

    New York Sues Polymarket Over Alleged Illegal Gambling, and Polymarket Sues Back - Unchained

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