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CFTC’s Selig opens legal dispute against states getting in way of prediction markets

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CFTC's Selig opens legal dispute against states getting in way of prediction markets

The legal challenges from state governments against certain aspects of prediction markets such as Polymarket and Kalshi received a sharp rebuke from U.S. Commodity Futures Trading Commission Chairman Mike Selig, who is arguing that his federal agency has jurisdiction — not the states.

“To those who seek to challenge our authority in this space, let me be clear, we will see you in court,” Selig said in a video statement posted Tuesday on social media site X. He said his agency filed a legal brief in court to back up the federal role as the leading regulator over this corner of the derivatives markets.

“The CFTC has regulated these markets for over two decades,” he said. “They provide useful functions for society by allowing everyday Americans to hedge commercial risks like increases in temperature and energy price spikes, they also serve as an important check on our news media and our information streams.”

Selig did not mention sports bets in his list of examples, though that’s where many of the legal disputes are focused. States have gone after event-contract platforms with accusations they’ve breached sports-betting laws at the state level, such as in Nevada, Massachusetts and New York. A federal judge in Nevada concluded in November that the state authorities were correct and that the contracts aren’t properly the business of the CFTC, though that ruling is under appeal.

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Coinbase, the top U.S. crypto exchange, has also sought to enter the prediction markets sector, and it’s currently suing Connecticut, Illinois and Michigan over those states’ attempts to regulate sports betting as gaming.

That’s the setting that Selig is weighing into as he declares “exclusive jurisdiction over these derivative markets.” But until the return to Washington of President Donald Trump, the agency had fought against these companies and some of their contracts, claiming that the sites’ political bets were unlawful and “contrary to the public interest.” But courts had gone against the CFTC in its legal fight with Kalshi, and when Trump’s administration overhauled the agency’s leadership, the fight was abandoned.

In early 2025, the president’s son, Don Trump Jr., joined Kalshi as a strategic adviser. In August, he then joined Polymarket’s advisory board.

In October, Trump Media & Technology Group (DJT), which owns President Donald Trump’s social platform Truth Social, said it was getting into the prediction markets business.

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Within weeks of his confirmation by the Senate, Trump nominee Selig said that his agency was resetting its prediction markets approach and would pursue new policies on that front. He said the CFTC “will advance a new rulemaking grounded in a rational and coherent interpretation of the Commodity Exchange Act that promotes responsible innovation in our derivatives markets in line with Congressional intent.”

In the hours after Selig’s Tuesday statement, Utah Governor Spencer Cox responded with his own challenge.

“Mike, I appreciate you attempting this with a straight face, but I don’t remember the CFTC having authority over the ‘derivative market’ of LeBron James rebounds,” he wrote in a response on X. “These prediction markets you are breathlessly defending are gambling — pure and simple. They are destroying the lives of families and countless Americans, especially young men. They have no place in Utah.”

While Utah hasn’t been among states leading legal challenges against the prediction markets, there is a legislative effort there that seeks to target certain sports contracts. Cox advised Selig he’d use every power to “beat you in court.”

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And U.S. Senator Elizabeth Warren, the ranking Democrat on the Senate Banking Committee, argued that Selig is undermining state powers.

“President Trump’s CFTC Chair is trying to strip states of their authority to regulate gambling within their borders and hamstring their ability to protect Americans from getting ripped off,” she said in a statement. “The CFTC should focus on ensuring our derivatives markets don’t blow up the economy again, not helping corrupt political insiders cash in.”

UPDATE (February 17, 2026, 17:59 UTC): Adds response from Utah governor.
UPDATE (February 17, 2026, 21:30 UTC): Adds statement from Senator Warren.

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Italian banking giant Intesa Sanapolo discloses near $100 million bitcoin ETF holdings, along with Strategy hedge

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Italian banking giant Intesa Sanapolo discloses near $100 million bitcoin ETF holdings, along with Strategy hedge

Italian banking giant Intesa Sanpaolo disclosed $96 million in bitcoin ETF holdings and a substantial options position tied to Strategy shares, along with smaller crypto-linked exposure.

In a 13F filing for the quarter ending December 2025, the bank lists five spot bitcoin ETF positions, including $72.6 million in the ARK 21Shares Bitcoin ETF and $23.4 million in the iShares Bitcoin Trust, for a total exposure of just over $96 million.

It also includes a $4.3 million stake in the Bitwise Solana Staking ETF, which tracks the value of solana (SOL) and captures staking rewards.

The bank also posted a large put option position on Strategy, the largest corporate holder of bitcoin with 714,644 BTC on its balance sheet, valued at approximately $184.6 million.

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That put option gives the firm the opportunity, but not the obligation, to sell MSTR shares at a specific price in the future. The position, coupled with the directionally long position on bitcoin ETFs, could reflect a trade capitalizing on the company trading above the value of its BTC holdings, as measured by the multiple of net asset value (mNAV), which compares enterprise value to bitcoin value.

Strategy was trading at 2.9 mNAV at one point and is now at 1.21 mNAV, according to its website. That gap closing would see the position make a profit as the stock price falls back to the level of its bitcoin holdings.

The filing also shows equity stakes in crypto-linked companies, including Coinbase, Robinhood, BitMine, and ETHZilla. These are minor positions, with the largest one of around $4.4 million being on Circle.

The filing uses the “DFND” (Shared-Defined) designation, indicating that investment decisions were made jointly by Intesa Sanpaolo S.p.A. and affiliated asset managers. Whether those asset managers are Intesa’s own trading desk or institutional clients remains unclear.

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This structure is common when the parent bank exercises oversight or centralized strategy while subsidiaries execute trades. CoinDesk has reached out to Intesa Sanapolo for comment but hasn’t heard back at the time of writing.

The bank’s U.S. wealth management arm filed a separate 13F with no digital asset exposure.

Early last year, Intesa Sanapolo bought 11 bitcoin for over $1 million. The firm has had a proprietary trading desk in place for years, which also handles cryptocurrency trading.

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Senate Asked to Not Axe Crypto Developer Protection Bill

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Senate Asked to Not Axe Crypto Developer Protection Bill

Crypto industry lobby Coin Center has sent a letter to the US Senate Banking Committee urging it to follow through with a bill that seeks to prevent well-intended crypto developers from being prosecuted. 

The Blockchain Regulatory Certainty Act (BRCA) was first introduced by House Representative Tom Emmer in September 2018, with a new version of the bill written last month by Senators Cynthia Lummis and Ron Wyden to clarify that software developers and infrastructure providers who do not control user funds are not money transmitters under federal law.

Coin Center policy director Jason Somensatto’s letter to the Senate Banking Committee, which he shared on Tuesday, further stated that blockchain innovation cannot thrive in the US when developers face constant threats of prosecution and that they deserve the same legal protections as ordinary internet developers.

Source: Coin Center

“This is the same type of activity conducted every day by internet service providers, cloud hosting services, router manufacturers, browser developers, and email providers,” he said, adding that “we do not threaten those actors with prison when a criminal uses the internet, sends an email, routes traffic, or uploads files.” 

“The same principle must apply to blockchain developers.”

Somensatto added that the “BRCA ensures that the next Satoshi Nakamoto, Vitalik Buterin, or Hayden Adams is able to develop the very systems that a market structure bill is designed to promote and protect.”

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Coin Center is a Washington, DC-based non-profit think tank and advocacy center that focuses on public policy issues related to crypto and decentralized technologies.

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