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Published: August 28, 2026

Gaming attorneys criticize CFTC’s ‘contemptuous’ defiance of court orders

Victor Rocha and Jason Giles accused the CFTC and Kalshi of “openly defying” court orders. “And then you have the CFTC sending around notices telling the prediction markets to defy court orders,” remarked Giles. “What is going on with that? I mean, can you imagine a tribal gaming operation doing something like that, with the NIGC [National Indian Gaming Commission] running interference?”

Speaking on the Indian Gaming Association’s ‘The New Normal’ webcast on Wednesday, two gaming attorneys agreed that the Commodity Futures Trading Commission (CFTC) has taken remarkable and unprecedented steps by directing Kalshi to defy court orders.

Twice in the last six weeks, the federal regulator has said that it is “exercising its emergency authority” to issue direct orders to the prediction market platform.

  • First, on July 14, the CFTC announced that it would order Kalshi to fulfill open trades in Michigan, an action that would be in direct conflict with a court order requiring the company to geoblock the state and void and refund certain trades on sports.
  • Then, on Aug. 11, the CFTC responded to a Kalshi request by issuing an emergency declaration directing the company to continue operating in New York despite the state ordering it to stop and Attorney General Letitia James filing a $36bn lawsuit against Kalshi.

CFTC showed ‘blatant disregard’ for courts, argue lawyers

Host and IGA Conference Chair Victor Rocha and IGA Executive Director Jason Giles accused the CFTC and Kalshi of “openly defying” court orders.

“And then you have the CFTC sending around notices telling the prediction markets to defy court orders,” remarked Giles. “What is going on with that? I mean, can you imagine a tribal gaming operation doing something like that, with the NIGC [National Indian Gaming Commission] running interference?”