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SEC chair warns some prediction markets may fall under securities laws

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SEC chair warns some prediction markets may fall under securities laws

The head of the U.S. Securities and Exchange Commission says prediction markets are drawing serious legal and regulatory attention.

Summary

  • U.S. Securities and Exchange Commission Chair Paul Atkins called prediction markets a “huge issue” as the sector faces growing legal and regulatory scrutiny.
  • Atkins said some event-based contracts could fall under SEC jurisdiction if they meet the definition of a security.
  • The SEC is coordinating with the Commodity Futures Trading Commission as questions mount over oversight, especially for platforms like Polymarket and Kalshi.

At a Senate Banking Committee hearing on February 12, SEC Chair Paul Atkins described rapidly-growing prediction markets as “a huge issue” for federal regulators.

Platforms such as Kalshi and Polymarket have expanded quickly since the 2024 election cycle. These markets let users speculate on outcomes from elections and sports to economic events.

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Their growth, now measured in tens of billions of dollars, has pushed them into the spotlight of U.S. regulators.

Who regulates prediction markets?

Atkins said the legal status of prediction markets isn’t always clear. He noted that jurisdiction overlaps between the SEC and the Commodity Futures Trading Commission (CFTC).

“Prediction markets are exactly one thing where there’s overlapping jurisdiction potentially,” Atkins said. 

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Historically, the CFTC has been seen as the primary federal regulator for these markets. Atkins said the SEC may regulate some markets depending on how they’re structured, especially if contracts resemble securities.

“We have enough authority,” he told lawmakers, adding that a “security is a security regardless how it is and some of the nuance with prediction markets and the products depends on wording.”

SEC officials are reportedly meeting weekly with their counterparts at the CFTC.

CFTC Chair Michael Selig said regulators want a framework that protects market participants without pushing these platforms offshore.

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Meanwhile, prediction markets also face state-level litigation, including claims that some offerings are illegal gambling under local laws.

Recent reports have noted insider trading concerns and legislative efforts to limit political event betting.

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Crypto World

Memecoins’ Silence Could Signal a Comeback: Santiment

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Cryptocurrencies, Adoption

A reversal in memecoins could come sooner than traders expect, even amid choppy conditions across the broader crypto market, if history is any indication, according to crypto sentiment platform Santiment.

“There is a growing narrative of “nostalgia” regarding memecoins, with many traders treating the sector as if it is permanently dead,” Santiment said in a report published on Friday.

Cryptocurrencies, Adoption
Dogecoin’s price, which has historically moved significantly during memecoin uptrends, is down 32% over the past 30 days. Source: CoinMarketCap

“This collective acceptance of the ‘end of the meme era’ is a classic capitulation signal,” Santiment said, explaining that when a sector of the market is completely written off, it is often the “contrarian time” to start paying attention.

“Watch sectors that the crowd has left for dead; max pain often marks the bottom,” Santiment said.

Memecoin market cap falls amid market decline

The total memecoin market capitalization has fallen 34.04% to $31.02 billion over the past 30 days amid a wider crypto market decline that saw Bitcoin (BTC) fall near $60,000 on Feb. 3, the lowest point the asset’s price has been since October 2024, according to CoinMarketCap.

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Among the top 100 cryptocurrencies, memecoin gains over the past seven days were mostly modest, except for outlier Pippin (PIPPIN), which surged 243.17%. The next best performers were Official Trump (TRUMP), up 1.37%, and Shiba Inu (SHIB), up 1.11%.