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Utah sues Kalshi in state court, calling its sports contracts illegal gambling

Utah sues Kalshi in state court, calling its sports contracts illegal gambling

Rule Changes Salt Lake City, UT local

Utah summoned Kalshi's co-founders to answer 14 criminal counts on Dec. 4, while a federal judge set a Nov. 20 hearing on the CFTC's bid to pause the state's cases

Overview

Updated 3 days ago

Utah's criminal case against Kalshi now has a courtroom date. A state court summoned chief executive Tarek Mansour and chief operating officer Luana Lopes Lara to answer 14 criminal counts in Salt Lake City on Dec. 4. The charges, filed Oct. 28, rest on 12 sports wagers a state investigator placed from a Utah address between Sept. 13 and Sept. 26.

In federal court, Judge Robert Shelby held a status conference Nov. 6 and scheduled a Nov. 20 hearing on the Commodity Futures Trading Commission's request to pause Utah's cases. Five prediction-market platforms have stopped offering sports and political contracts in Utah: DraftKings, FanDuel, Fanatics, Robinhood and PrizePicks. Arkansas Attorney General Tim Griffin also sued Kalshi on Nov. 4, calling its products illegal gambling.

Why it matters

If a state can jail prediction-market founders for offering sports contracts, every federally regulated exchange faces a state-by-state patchwork.

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Key Indicators

$30.6M-$61.2M
Kalshi fees from Utah accounts, state estimate
Utah's complaint estimates Kalshi's fees from Utah accounts at $30.6 million to $61.2 million, on more than 3.06 billion wagers.
32,940
Utah accounts on Kalshi
Accounts with a Utah address that had completed Kalshi's sign-up as of Feb. 25, 2026, according to the state's complaint.
3.06B
Wagers from Utah accounts, state estimate
Utah derives the figure by applying Utah's roughly 1.11% share of open positions to Kalshi's lifetime volume.
14
Criminal counts against Kalshi
Twelve third-degree felonies for promoting online gambling, one second-degree felony for a pattern of unlawful activity and one class A misdemeanor, filed Oct. 28. Arraignment set for Dec. 4.
5
Operators pulling Utah contracts
DraftKings, FanDuel, Fanatics, Robinhood and PrizePicks all moved to stop offering sports, political or novelty event contracts in Utah after the criminal charges. Robinhood restricted new positions Nov. 2; Fanatics halted all trading Nov. 4.

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People Involved

Organizations Involved

Timeline

February 2026 November 2026

20 events Latest: 5 days ago Showing 8 of 20
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  1. Fanatics halts all Utah trading as attorney general warns gamblers

    Regulatory

    Fanatics stopped all trade placement on its Fanatics Markets platform in Utah, the broadest pullback among platforms that had offered event contracts there. The Salt Lake Tribune reported the retreat alongside a warning from Attorney General Derek Brown to gamblers.

  2. Robinhood blocks new Utah event-contract positions

    Regulatory

    Robinhood stopped Utah customers from opening new positions on sports, culture, elections and politics, while leaving finance and economics markets open. The company said it did not believe the contracts violated state law.

  3. DraftKings, FanDuel, Fanatics and PrizePicks retreat from Utah

    Regulatory

    DraftKings and FanDuel stopped offering sports, political and novelty event contracts to customers in Utah, keeping financial contracts. Fanatics said it would stop trade placement on Nov. 4, and PrizePicks turned off its sports and culture prediction markets. Robinhood later restricted new positions on Nov. 2, and Fanatics halted all trading on Nov. 4.

  4. Kalshi says Utah suit won't affect federal appeal

    Statement

    Kalshi calls itself a federally regulated financial exchange and says no single state should have a veto over it.

  5. Ohio orders licensees to cut off unlicensed event-contract operators

    Regulatory

    The Ohio Casino Control Commission told sports gaming and fantasy licensees, suppliers and testing labs to stop supporting unlicensed event-contract operators, with written confirmation due Oct. 30.

  6. CFTC chairman declares federal jurisdiction over prediction markets

    Statement

    Mike Selig announces the commission will defend prediction markets from state actions.

Scenarios

1

Kalshi wins on appeal at 10th Circuit

Possible Resolves by End of 2027

Discussed by: Kalshi's legal team, which argues multiple courts have recognized federal jurisdiction over prediction markets

Kalshi appeals the summary judgment to the 10th Circuit Court of Appeals. The company argues the Commodity Exchange Act and Dodd-Frank Act give the CFTC exclusive jurisdiction, and that the district court misread the law. If the 10th Circuit reverses, states would lose a key tool to regulate prediction markets.

2

Appeals court upholds ruling, states gain momentum

Likely Resolves by End of 2027

Discussed by: Utah Attorney General's Office and state regulators who have filed similar actions

The 10th Circuit affirms the district court's ruling, giving states a clear legal basis to enforce gambling laws against prediction markets. Other states, including New York, Washington, and Nevada, would likely cite the ruling in their own cases. The decision could push the industry toward state-by-state licensing or bans.

3

Supreme Court resolves the case

Possible Resolves by End of 2028

Discussed by: Legal analysts watching for a circuit split on federal preemption of state gambling laws

If other federal courts reach different conclusions on whether the Commodity Exchange Act preempts state gambling laws, a circuit split could emerge. The Supreme Court would then be likely to grant certiorari to resolve the question. A ruling could settle the scope of CFTC jurisdiction over prediction markets nationwide.

4

Kalshi moves Utah's lawsuit to federal court

Possible Resolves by End of 2026

Discussed by: Wallach, quoted by Deadspin

Kalshi is expected to remove the state case to federal court, a move that could delay proceedings while its appeal of the August ruling continues in the Tenth Circuit.

5

Supreme Court agrees to hear a prediction-market case

Possible Resolves by Q2 2027

Discussed by: Trade reports cited by Spinner, after New Jersey asked the justices to take its case

New Jersey petitioned the Supreme Court after the Third Circuit sided with Kalshi. Kalshi's response is due Nov. 9. If the justices grant review, they would settle whether federal commodities law lets states ban or regulate event contracts.

6

Federal judge pauses Utah's criminal and civil cases against Kalshi

Possible Resolves by End of 2026

Discussed by: The CFTC and the U.S. Justice Department, in their Oct. 29 motion for a temporary restraining order

Judge Robert Shelby is weighing a request to bar Utah from prosecuting Kalshi and its executives while the preemption question is litigated. The federal government argues it is likely to win on preemption and would suffer irreparable harm otherwise. A ruling for the feds would freeze the criminal case, not dismiss it.

7

Kalshi executives stand trial in Utah criminal court

Unlikely Resolves by End of 2027

Discussed by: Utah Attorney General Derek Brown, whose office filed the Oct. 28 criminal informations

Mansour and Lopes Lara would answer 14 counts in Utah's Third District Court in Salt Lake County if the prosecution survives the federal challenge. Each count carries potential felony exposure. Any conviction would likely be appealed on the same preemption grounds Kalshi is already raising.

8

Arkansas case adds to Kalshi's state-court docket

Likely Resolves by End of 2027

Discussed by: Arkansas Attorney General Tim Griffin, who filed the suit Nov. 4

Arkansas sued Kalshi under its Deceptive Trade Practices Act, seeking restitution, penalties, taxes and an injunction rather than criminal charges. The case proceeds alongside actions in Utah, New York and other states that argue prediction-market contracts are unlicensed gambling.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

May 2018

Murphy v. NCAA (2018)

The Supreme Court struck down the Professional and Amateur Sports Protection Act, which had banned sports betting in most states since 1992. The case began when New Jersey challenged the federal law to legalize sports betting in the state.

Then

States gained authority to legalize sports betting. New Jersey and other states quickly moved to legalize.

Now

Sports betting expanded to dozens of states, creating a multi-billion-dollar industry.

Why this matters now

Shows the Supreme Court's role in resolving federal-state disputes over gambling, and the historical pattern of states regulating gambling within their borders.

July 2010

Dodd-Frank Act (2010)

Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in response to the 2008 financial crisis. The law expanded the Commodity Exchange Act's authority over derivatives and swaps.

Then

The CFTC gained new authority over the derivatives market.

Now

Kalshi has cited Dodd-Frank to argue that federal commodities law preempts state gambling laws.

Why this matters now

The judge rejected Kalshi's argument, saying it's implausible Congress would silently reverse state gambling authority in a financial crisis law.

Sources

(29)