Bipartisan Senators Press CFTC to Investigate Polymarket Over Fake-Bets Marketing Campaign
Two U.S. senators have given the country's top derivatives regulator until July 10 to explain whether it plans to investigate Polymarket, after a Wall Street Journal investigation found the prediction market platform paid creators to post fabricated winning trades to over 140 million viewers.
Senators John Curtis (R-Utah) and Adam Schiff (D-Calif.) sent a joint letter to CFTC Chairman Michael Selig on June 26, demanding a formal probe into Polymarket's promotional practices. The letter asks the agency to confirm whether an investigation is underway or to explain, in writing, why it has declined to act. Beyond the investigation demand, the senators asked the CFTC to detail the consumer-protection standards it requires of platforms regarding advertising, age verification, addiction warnings, responsible-gaming tools, affiliate marketing, and influencer disclosures.
What the WSJ Found
The senators' letter follows a Wall Street Journal investigation published June 21 that reviewed 1,105 videos from 10 Polymarket-affiliated creators posted between December 2025 and mid-May 2026. Roughly 70 percent of those videos showed trades placed on dummy websites built to mimic Polymarket's interface, complete with fake URLs such as poiymarket.com. Across 118 videos, creators depicted nearly $900,000 in fabricated winnings on positions that would have actually lost more than $166,000 in live markets. Total fake winnings shown across all content reached approximately $1.9 million.
Creators were paid $2,000 to $3,000 per month and instructed not to disclose the paid arrangement. Some added "@polymarket partner" to their bios only after the WSJ began asking questions. The campaign reached more than 140 million views across TikTok, YouTube, and Instagram, platforms primarily consumed by U.S. audiences, even though Polymarket has been barred from serving U.S. users since a 2022 CFTC settlement that cost the company $1.4 million.
In response to the coverage, Polymarket said: "As the world's leading prediction market, we are committed to maintaining accurate, fair and transparent markets. As part of that commitment, we are conducting a comprehensive audit of active promotional content to ensure it complies with our standards, as well as applicable regulatory and legal disclosure requirements."
Neither the CFTC nor the FTC responded to initial media inquiries about whether they planned to act.
Enforcement Outlook Is Uncertain
Legal experts quoted in Fortune are skeptical that a serious investigation will follow. Gaming attorney Daniel Wallach put the odds of real consequences at slim to none, citing the CFTC's roughly 25 percent staff reduction over the past year and the Trump administration's broadly crypto-friendly posture. Securities attorney Steven Lofchie suggested the FTC might actually have the easier case, since deceptive advertising falls more squarely within its mandate.
Adding a layer of political complexity, CFTC Chairman Selig previously represented crypto companies as a private attorney, and Donald Trump Jr. is both a paid advisor to Kalshi (Polymarket's main U.S. competitor) and a reported Polymarket investor. Any CFTC enforcement action against Polymarket would directly benefit Kalshi, Trump Jr.'s employer, making his dual role a concrete source of institutional conflict rather than a peripheral one.
In January 2026, the CFTC granted Polymarket permission to launch a regulated U.S. platform, which remains invite-only and limited to iPhone users. That approval reportedly occurred while the fake-bet campaign was already underway, with the promotional effort running from December 2025 through mid-May 2026.
On-Chain Numbers Contrast With Off-Chain Conduct
Polymarket's actual trading activity has grown sharply in 2026. The platform recorded $10.57 billion in monthly volume in March, the first time it crossed $10 billion in a single month and roughly 2.5 times the volume seen during the peak of the 2024 U.S. election cycle. Total trading volume for Q1 2026 reached approximately $26.2 billion, up more than 90 percent quarter-over-quarter. Year-to-date volume through June 25 stands at $33.5 billion. The platform's all-time on-chain archive, covering 2022 through April 2026, records $61 billion in nominal volume across 1.3 million markets.
All of that activity is publicly verifiable on the Polygon blockchain, which makes the decision to use fabricated off-chain marketing all the more striking to observers.
Regional Exposure Is Significant
Users in markets without robust consumer-protection infrastructure face particular risk from this kind of deception. In India, one of the largest Polymarket user bases in Asia alongside Japan and South Korea, the platform is fully accessible and legal.
Indian users transact through non-custodial wallets on Polygon using USDC, a stablecoin pegged to the U.S. dollar, meaning they have no direct recourse through local financial regulators if they were misled by promotional content. Indian users are also disproportionately likely to have encountered the fake-bet promotional videos given heavy platform overlap on YouTube and Instagram, two of the primary channels through which the campaign spread. India's 2022 to 2023 crypto tax cycle offers a relevant precedent: regulators there have previously used high-profile misconduct cases involving digital assets to justify broader crackdowns, a pattern that could recur if Polymarket's conduct draws sustained scrutiny.
Across Africa, exposure is similarly concentrated. Kenya has one of the continent's highest crypto adoption rates, and Polymarket is accessible there with 147 Africa-focused markets currently live.
Nigeria is among the world's most active crypto markets, and local startups such as Bayse Markets are building prediction market products that compete directly with Polymarket. Luno, the South Africa-based exchange, has also launched structured prediction markets in Nigeria with USDC payouts, placing an established, regulated competitor in the same space and raising the stakes: any reputational damage that Polymarket's conduct spreads across the sector has the potential to slow growth for local operators who depend on institutional credibility.
Nigeria's Securities and Exchange Commission is still developing digital asset rules, and a high-profile deceptive marketing scandal from a global platform could slow the institutional credibility that local operators need to grow.
The fake-bet campaign relied on short-form video on TikTok and Instagram Reels, which are among the primary crypto-onboarding channels in both regions. Users in these markets who may have deposited funds on the basis of fabricated returns have virtually no legal path to recover losses.
What Comes Next
The senators are co-sponsors of the Prediction Markets Are Gambling Act, a bill that would shift regulatory authority over sports betting and casino-style event contracts from the CFTC to individual states. The fake-bets scandal gives that legislation new political momentum heading into the second half of 2026.
The June 26 letter is not the senators' first move on this file. In February 2026, Curtis and Schiff wrote to the CFTC demanding it make explicit its ban on prediction market contracts involving deaths, war, and terrorism. The agency responded in March 2026 with a staff advisory and an advance notice of proposed rulemaking. The June 26 letter is the third escalation in roughly five months, reflecting a sustained regulatory campaign rather than a one-off reaction to a single news cycle.
The CFTC has also filed suit against the state of Kentucky to defend its exclusive federal jurisdiction over prediction markets after Kentucky attempted its own enforcement against Polymarket and Kalshi.
Whether the CFTC responds to the senators' July 10 deadline with an investigation or a rationale for inaction, the answer will signal how seriously the agency intends to police off-chain conduct at platforms it has otherwise moved to bring inside the regulatory perimeter.