New York sues Kalshi, demands $36 billion in damages

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New York sues Kalshi, demands $36 billion in damages

New York's attorney general has sued prediction market Kalshi, calling its sports contracts illegal gambling and demanding at least $36 billion. The CFTC backed Kalshi the same day.

New York's attorney general has taken her biggest swing yet at Kalshi, suing the prediction market platform in Manhattan state court and demanding at least $36 billion in damages.

Letitia James argues Kalshi spent months selling New York residents contracts on sports outcomes without a license from the state Gaming Commission — in her view, ordinary sports betting dressed up as trading. Her office also says the platform let users as young as 18 trade, four years below the state's legal gambling age of 21. The damages figure comes from tripling Kalshi's illegal proceeds under Penal Law section 80.10, on top of a $100,000 fine for every unauthorized sports-wagering offer under the state's Racing Law. James wants a full accounting of every bet placed, restitution for users, and an order barring Kalshi from operating in the state at all.

Kalshi calls the suit "political theater" and says states have no power to shut down an exchange licensed at the federal level. That's not an empty claim — the company operates as a designated contract market under the Commodity Futures Trading Commission and argues its event contracts are financial instruments, not wagers. The CFTC backed that view the same day, filing an emergency motion against New York's enforcement action and effectively taking Kalshi's side in the jurisdiction fight.

This isn't New York's first move against the sector: James filed similar petitions against Coinbase Financial Markets and Gemini Titan back in April, and courts in Massachusetts, Michigan, Nevada and Washington have already restricted Kalshi's operations. Kentucky sued both Kalshi and Polymarket in June. None of these cases has settled the core question of whether federal commodities law trumps state gambling law, and how the New York case lands could decide whether sports-linked prediction markets can survive in states with strict gambling rules.

Questions and answers

Frequently asked questions about this article

How much money is New York demanding from Kalshi?

At least $36 billion — the figure comes from tripling Kalshi's illegal proceeds plus a $100,000 fine for every unauthorized sports-wagering offer.

What exactly is Kalshi accused of?

Of selling New York residents contracts on sports outcomes without a state Gaming Commission license — effectively running unlicensed sports betting — and letting users younger than 21 trade.

Why did the CFTC step in to back Kalshi?

Because Kalshi is registered as a designated contract market under its federal oversight, and the CFTC argues states can't regulate exchanges already covered by federal commodities law. It filed an emergency motion against New York's suit the same day.

Is this the first such lawsuit against prediction markets?

No. James filed similar suits against Coinbase Financial Markets and Gemini Titan in April, courts in Massachusetts, Michigan, Nevada and Washington already restricted Kalshi, and Kentucky sued both Kalshi and Polymarket in June.