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CME's Duffy Clashes With CFTC Chair and Kalshi Over Who Should Police Prediction Markets

CME Group CEO Terrence Duffy publicly challenged both the CFTC's chairman and Kalshi's co-founder at a federal advisory meeting Thursday, calling sports prediction contracts gambling products susceptible to manipulation and predicting the dispute will reach the Supreme Court.

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The confrontation unfolded during the inaugural meeting of the CFTC's Innovation Advisory Committee (IAC) in Washington, DC, on August 20. A 50-minute session on prediction markets put Duffy at odds with CFTC Chairman Michael S. Selig and Kalshi COO and co-founder Luana Lopes Lara. The exchange marked the sharpest public airing yet of a regulatory fight that has already spilled into federal court, state courtrooms, and at least nine states.

Duffy has been unsparing in his assessment of sports prediction contracts. "A lot of these prediction markets on sports are gambling, and I think that that is going to find its way to the Supreme Court," he told analysts in July 2026, citing contracts tied to small parlays as examples. "A lot of these contracts are susceptible to manipulation when they list some of these small parlays and things of that nature, and those are not markets. Those are gambling." At Thursday's session, Duffy renewed those arguments directly against Selig and Lopes Lara.

Selig pushed back with equal force. The Trump-appointed CFTC chair, sworn in on December 22, 2025, accused New York Attorney General Letitia James of attempting to "nullify federal law and drive these markets offshore to unregulated and foreign venues," calling her a "rogue" state attorney general. Selig framed the agency's role as defending a federally regulated sector from state interference. "The United States has a choice," he said. "We can either write the rules that define the next generation of financial markets, or we can let other countries write them for us."

The stakes are real and growing fast. Combined trading volume on Kalshi and Polymarket reached $44.8 billion in June 2026. Kalshi alone recorded $17.91 billion in volume during May, its ninth consecutive monthly record, and now controls roughly 73 percent of the US prediction market space. Approximately 87 percent of Kalshi's volume over the past year came from sports contracts, the same category Duffy argues does not belong in regulated futures markets, citing manipulation risk as his central concern.

Polymarket, which runs on USDC settled on the Polygon blockchain, processed $7.08 billion in May. Its fully on-chain structure offers public auditability; Kalshi operates a closed, centralized model with limited on-chain transparency.

The legal backdrop makes the committee session more than just a policy debate. The CFTC has sued nine states, including New York, Illinois, and Arizona, asserting federal preemption over prediction market jurisdiction under the Commodity Exchange Act. That posture marks a significant reversal for the agency: the CFTC had previously pursued its own legal challenge against Kalshi, dropped that appeal in 2025, and then withdrew a 2024 proposed rule that had sought to restrict prediction markets. Under Selig's leadership, the agency has pivoted to become the sector's active defender. New York AG James filed a $36 billion lawsuit against Kalshi in July 2026, alleging the platform allowed users aged 18 to 20 to trade sports contracts in violation of state gambling law. Arizona went further, filing 20-count criminal charges. On August 11, the CFTC invoked emergency authority to keep Kalshi operating in New York, putting federal regulators in direct conflict with state enforcement. The Third Circuit affirmed federal preemption in April 2026 in KalshiEX LLC v. Flaherty, finding the Commodity Exchange Act grants the CFTC exclusive jurisdiction over licensed exchange contracts, but that ruling has not ended the standoff.

Duffy's position carries an added layer of complexity. CME Group entered a partnership with FanDuel to offer its own sports prediction contracts, a business that showed signs of strain in 2026. That means the CEO arguing these products are not legitimate markets also has a commercial stake in the sector. CME is simultaneously suing the CFTC over a separate matter, arguing that perpetual futures contracts are actually swaps under the Dodd-Frank Act and should be regulated as such.

The IAC itself is advisory only. The committee is a renamed and reconstituted version of the former CFTC Technology Advisory Committee, relaunched under Selig in January 2026. Its 43 members break down as follows: 23 from crypto firms, 11 from traditional finance, 5 from prediction markets and sports betting, and 2 academics. That composition made Duffy a dissenting voice in a room structurally inclined toward his opponents. Named members include Coinbase CEO Brian Armstrong, Polymarket CEO Shayne Coplan, and DraftKings CEO Jason Robins. The IAC can recommend but not dictate policy; public written submissions are accepted through August 27. On a separate regulatory track, a proposed CFTC rule published June 12 would bar sports prediction contracts linked to officiating outcomes or player injuries and would establish a new public interest determination framework. That rulemaking proceeds on its own timeline and is not yet final.

The outcome of the federal-versus-state contest carries consequences well beyond US borders. In Africa, which recorded 19.4 percent year-over-year crypto adoption growth in 2025, the highest rate globally, platforms including Busha in Nigeria and Luno, which launched its Crypto Prediction Market across both Nigeria and South Africa in March 2026, have expanded into prediction market products to diversify away from declining spot trading volumes. Busha obtained a license from the Lagos State Lottery and Gaming Authority, a gambling framework rather than a financial services one, which may prove to be a durable approach if US courts ultimately validate state gambling authority over these contracts. Bernstein forecasts prediction market revenue will grow at a 64 percent compound annual rate through 2028, reaching $1.7 billion globally. In South Asia, where crypto transaction volumes grew 80 percent year over year through mid-2025, regulatory conditions remain unsettled: India's securities regulator SEBI and its central bank, the Reserve Bank of India, have not developed a distinct framework for prediction markets, leaving them in a gray zone between state gambling law and centrally regulated financial derivatives. Polymarket's Polygon-based structure already serves a non-US user base that has historically included a significant South Asian cohort, a segment that could expand further if US-based platforms restructure toward offshore jurisdictions under regulatory pressure.

Two parallel processes now define what comes next. Public written submissions to the IAC close August 27. The June 12 proposed rule, a separate CFTC rulemaking proceeding, moves on its own comment period and timeline. Whether Congress intervenes before any Supreme Court review, or whether the agency's emergency orders survive state-level legal challenges, will define whether prediction markets remain in the regulated derivatives space or get reclassified as gambling products worldwide.