Federal derivatives regulators continue to scrutinize trading activity on prediction markets. The Commodity Futures Trading Commission’s Division of Enforcement issued an advisory on Feb. 25 outlining enforcement risks tied to misuse of nonpublic information and fraud in event contracts traded on KalshiEX, a designated contract market (DCM).

KalshiEX’s internal enforcement program handled two cases involving alleged insider trading and improper use of nonpublic information on its event contracts platform. As a DCM, KalshiEX operates under the Commodity Exchange Act and must comply with core principles that require market integrity, trade surveillance, and rule enforcement under CFTC oversight. The Division stated:

“While Kalshi’s internal enforcement program handled these matters, under the Act, the Commission has full authority to police illegal trading practices occurring on any DCM, including those described above related to prediction markets.”

In the first case, social media videos in May 2025 appeared to show a political candidate trading on a contract tied to his own candidacy. The exchange contacted the individual the same day, and the trader acknowledged the activity violated rules prohibiting trading in contracts where a participant has direct or indirect influence over the outcome. KalshiEX imposed a $2,246.36 financial penalty, including disgorgement of $246.36 and a $2,000 fine, along with a five-year suspension. The conduct potentially implicates Section 6(c)(1) of the Commodity Exchange Act and Regulation 180.1(a)(1) and (3), which prohibit manipulative schemes and fraudulent conduct.

A separate matter in August and September 2025 involved a trader with an employment relationship to a Youtube channel that was the subject of a related prediction market. KalshiEX determined there was a reasonable belief the individual misappropriated material nonpublic information obtained through that affiliation and assessed a $20,397.58 penalty, including $5,397.58 in disgorgement and a $15,000 fine, plus a two-year suspension.

The CFTC Division stressed:

“DCMs have an independent duty to maintain audit trails, conduct surveillance, and enforce rules against prohibited practices.”

The advisory also referenced statutory provisions covering insider trading, pre-arranged and wash trades, disruptive trading, and fraud under the Commodity Exchange Act, underscoring that the CFTC can independently investigate and prosecute violations occurring on any registered DCM.

• Why is the CFTC focusing on prediction markets?
  Regulators are targeting insider trading, fraud, and manipulative conduct in event contracts listed on designated contract markets.
• What risks do traders face on platforms like KalshiEX?
  Traders could face fines, disgorgement, and multi-year suspensions for violating exchange rules or federal commodities laws.
• How does this impact prediction market platforms?
  Exchanges must maintain strict surveillance, audit trails, and enforcement programs or risk federal action.
• What does this mean for investors in event contracts?
  Heightened enforcement could increase compliance costs and legal exposure while reshaping liquidity and trading strategies.

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