Free NewsletterPro Login
S&P 500 6,287 +0.42%
DOW 44,521 -0.18%
NASDAQ 21,103 +0.71%
S&P 500 +12.4%
Briefs Finance Fund +24.8%
JOIN THE FUND →

SEC Expected to Join CFTC in Overseeing Prediction Markets

Published Jul 16, 2026
[tts_player]
Share:
Summary:
  • The SEC is expected to begin overseeing prediction markets alongside the CFTC, ending three decades of single-agency control.
  • A 2010 law gives the SEC authority over swaps linked to a single stock, which could cover bets on company share prices or product launches.
  • Legal experts say the two agencies are already working on shared definitions, but jurisdictional questions remain.

Why the Watchdog Setup Is Changing

For more than 30 years, the Commodity Futures Trading Commission (CFTC) has been the lead regulator for prediction markets. The agency's oversight began after a 1992 decision regarding the Iowa Electronic Markets. But the business has grown a lot since then. Platforms like Polymarket and Kalshi let people bet on various events, such as whether a company's stock will hit a certain price.

That growth has created a gray area. The Dodd‑Frank law, passed in 2010, gave the Securities and Exchange Commission (SEC) authority over something called securities‑based swaps. Those are contracts tied to a single stock or bond.

If a prediction market lets you bet on a company's stock price or the launch date of its next product, that starts looking a lot like a swap. And that means the SEC might have a claim.

"The CFTC has come out saying that they have jurisdiction over the event contracts, but there's also some that seem like they're more in the SEC's realm," says Joe Zales, a partner at law firm King and Spalding.

Get the market news that matters in a five-minute read with Market Briefs, our free daily newsletter

The two agencies have a history of bumping into each other. Jerome Tomas, who works at Baker McKenzie as a partner and previously served at the SEC, offers a blunt assessment: "These agencies have been at each other's throat jurisdictionally."

The Timeline and the Players

The push for clarity picked up speed this year. In March, both agencies stated they had reached a memorandum of understanding concerning definitions and coordination.

Right now, neither agency is fully staffed. At the SEC, just three of the five commissioner positions are filled, all by Republicans. Michael Selig, the CFTC chairman and a Republican, serves as the sole seated commissioner on a board that normally has five members.

Industry players are watching closely. Polymarket has engaged with both agencies on product definitions. Kalshi declined to say whether it has talked to them. The CBOE filed to operate binary options contracts under SEC rules.

"I think this is the easiest time for these two agencies to get on the same page," says Aaron Klein, a senior fellow at the Brookings Institution.

What It Means for Investors

The big question for anyone using a prediction market is what comes next. The two agencies are working to harmonize their definitions so they don't write conflicting rules. Attorneys generally agree that the situation is still uncertain.

Nobody knows exactly how it will shake out. Jeff Le Riche, a former CFTC chief trial attorney now at Husch Blackwell as a partner, describes the situation as a "jump ball."

Join Market Briefs, our free daily newsletter, for a quick daily rundown of the markets

Disclosure

Recent News

1 2 3 37

Get Market Briefs delivered to your inbox every morning for free!

No fluff. No noise. No politics. Just finance news you can read in 5 minutes.

Blogs

June 29, 2026
Portfolio Diversification: Why Putting All Your Eggs in One Basket Destroys Wealth
  • Real diversification means spreading investments across all 11 economic sectors plus bonds, alternatives, and cash so no single bet can sink the portfolio.
  • Different sectors perform at different times, so a diversified portfolio captures upswings while smoothing the brutal drawdowns that wipe out concentrated bets.
  • Total market index funds offer the simplest path to diversification, and annual rebalancing is what keeps the structure working over time.
Read More
June 29, 2026
Non Taxable Income: What It Is and Why It Matters
  • Non taxable income is money you receive that you don't owe income tax on.
  • The tax code treats workers, investors, and business owners very differently, and investors often come out ahead.
  • Learning how income is taxed is a quiet superpower for keeping more of what you earn.
Read More
June 29, 2026
Semiconductor Stocks: A Simple Guide for Investors
  • Semiconductor stocks are companies that design and make computer chips, the brains inside nearly every modern device.
  • The AI boom has turned chips into one of the market's most important and most watched groups.
  • They offer big growth potential, but come with high valuations and a notoriously cyclical history.
Read More
June 25, 2026
How Stocks Work: A Simple Guide for Beginners
  • A stock is a slice of ownership in a company - buy one, and you own a piece of the business.
  • You make money two ways: the share price rising over time, and dividends paid to shareholders.
  • The simplest path for most beginners is buying into the whole market through a low-cost index fund.
Read More
June 25, 2026
Stop Loss vs Stop Limit: What's the Difference?
  • A stop loss order sells your stock once it hits a trigger price, prioritizing getting you out.
  • A stop limit order only sells within a price range you set, prioritizing price over a guaranteed exit.
  • The trade-off: a stop loss almost always executes; a stop limit might not if the price moves too fast.
Read More
June 25, 2026
Energy Stocks: A Simple Guide for Investors
  • Energy stocks are companies that produce and supply the power the world runs on, from oil and gas to newer sources.
  • They make up one of the 11 sectors of the market and tend to move with energy prices and big-picture shifts.
  • Like any sector, the key is diversification and understanding the forces driving demand.
Read More
June 18, 2026
What Is a Stop Loss Order? A Simple Guide
  • A stop loss order automatically sells a stock once it falls to a price you set.
  • It's a tool to cap losses or lock in gains without watching the market all day.
  • It works best for active strategies, and can backfire if used carelessly on long-term holdings.
Read More
June 18, 2026
Best S&P 500 Index Fund: How to Choose One
  • The best S&P 500 index fund for most investors is simply the cheapest, most established one that tracks the index well.
  • Funds like VOO, IVV, and SPY all hold the same 500 companies, so the biggest difference is the fee.
  • Pick one, automate your buys, and let time do the heavy lifting.
Read More
June 17, 2026
What Are Penny Stocks? Risks and Rewards Explained
  • Penny stocks are very low-priced shares of very small companies, often trading for just a few dollars or less.
  • They promise huge gains but carry huge risks: low liquidity, high failure rates, and wild price swings.
  • Most investors are better served by quality companies and funds than by chasing cheap shares.
Read More
June 17, 2026
Best Stocks for Beginners With Little Money
  • The best stocks for beginners with little money usually aren't individual stocks at all - they're low-cost index funds.
  • You can start with $100 or less and use small, regular investments to build wealth over time.
  • Focus on diversification and consistency, not on picking the next big winner.
Read More
1 2 3 24
Share via
Copy link