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U.S. SEC chief Atkins said bond with sister agency CFTC to include joint meetings, exams

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U.S. regulator declares do-over on prediction markets, throwing out Biden era 'frolic'

The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission — the sister agencies that will regulate most U.S. crypto activity — have been rivals in the past over crypto issues, but they’re now pursuing a formal memorandum of understanding to combine agency efforts, said SEC Chairman Paul Atkins.

“We are reorienting our approach toward a new golden age of regulatory coherence,” Atkins was set to say on Tuesday in remarks prepared for the FIA Global Cleared Markets Conference in Florida. “More than aligning our rules, a harmonized framework also demands coordinating our responses to the firms that operate within it, including those that have questions of interpretation or request exemptive relief.”

Atkins said he’s also directed his staff to begin setting up joint meetings with CFTC employees on product applications, and a new “harmonization” website will allow firms to request coordinated discussions with both agencies.

“Firms should not be shuffled back and forth between regulators when a product touches elements of both regulatory frameworks,” he said. “Nor should clarity depend on which agency happens to speak first.”

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The division of roles between the SEC, which regulates securities and the exchanges on which they trade, and the CFTC, the commodities watchdog that oversees derivatives markets, has been a key source of friction in the process of establishing U.S. crypto trading. No formal rules have been set to say where crypto products belong, and years of regulatory actions and legal disputes have resulted.

Since the arrival of leaders appointed by President Donald Trump, the two agencies have embraced friendly crypto policies as a top priority, in line with the president’s requests. They’re now working on several, including policies to clarify how digital assets will be defined as securities and commodities.

The formalized cooperation will also extend to enforcement decisions and regulatory examinations, which will become a more routine element for crypto firms as they enter more deeply into federal oversight. That could save the companies from having to go through repetitive exams.

“Coordinated exam planning for dually regulated entities should become standard practice,” Atkins said. “Shared supervisory findings, subject to assurances of confidentiality, should be the norm rather than the exception.”

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Atkins also revisited his intention to carve out a path for super-apps that allow users to conduct business across both agencies’ jurisdictions.

“In the technology world, a super-app integrates multiple services into a single seamless interface,” he said. “The user does not toggle between separate systems to complete related tasks. Instead, integration occurs invisibly behind the scenes.”

Read More: CFTC chair highlights wide crypto agenda, including rules on DeFi, prediction markets

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Crypto World

Kalshi Suffers Court Loss in Ohio over Sports Betting Lawsuit

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Law, CFTC, Court, Kalshi, Prediction Markets

The prediction markets platform argued for an injunction against Ohio authorities, claiming that federal commodities laws superseded state laws on sport event contracts.

An Ohio federal court has denied a motion filed by prediction markets platform Kalshi for a preliminary injunction against Ohio state authorities over allegations that the company was operating in violation of gambling laws.

In an order filed Monday, US District Court for the Southern District of Ohio Chief Judge Sarah Morrison denied Kalshi’s request for an injunction that would have blocked the Ohio Casino Control Commission and state attorney general from regulating contracts on the platform, specifically for sports betting.

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According to the judge, Kalshi had failed to show that the sports event contracts available on the platform were subject to the “exclusive jurisdiction” of the Commodity Futures Trading Commission (CFTC).

“Even if this Court were to find that sports-event contracts are swaps subject to the CFTC’s exclusive jurisdiction, Kalshi has not shown that the [Commodity Exchange Act, or CEA] would necessarily preempt Ohio’s sports gambling laws,” said the opinion and order, adding:

“Kalshi argues that Ohio’s sports gambling laws are field and conflict preempted by the CEA when it comes to sports-event contracts traded on its exchange […] Kalshi fails to establish that Congress intended the CEA to preempt state laws on sports gambling.”

Law, CFTC, Court, Kalshi, Prediction Markets
Source: Courtlistener

The denial pushed back against the narrative from CFTC Chair Michael Selig, who said in February that the federal regulator had “exclusive jurisdiction” over prediction markets and threatened lawsuits against any authority claiming otherwise. Kalshi and prediction platforms face lawsuits in other US states over similar allegations involving unlicensed sports betting.

“This Court does not endeavor to explain why the CFTC has not exercised its authority […] with respect to the sports-event contracts,” said the Monday filing in Ohio. “But the agency’s inaction is not proof that the sports-event contracts are regulated by or permissible under the CEA—and the Court has concluded they are not.”

Related: CFTC chair backs blockchain-based prediction markets as ‘truth machines’

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In a statement to Cointelegraph, a Kalshi spokesperson said that the company “respectfully disagree[d] with the Court’s decision, which splits from a decision from a federal court in Tennessee just a few weeks ago, and will promptly seek an appeal.”

CFTC guidance on prediction markets could be looming

Last week, Selig said that the federal regulator was working to provide guidance regarding prediction markets “in the very near future.” The CFTC chair is the sole Senate-confirmed commissioner in a panel normally consisting of five people.

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