The Powers That Be: Daily

Will Prediction Markets Ruin Pro Sports?

May 6, 2026
Eric Gardner, legal journalist who analyzes enforcement, commodities and media litigation. He explains the DOJ’s novel commodities fraud theory tied to a prediction market. He discusses how regulators and leagues might police insider trading across sports and media. He also walks through Gavin Newsom’s $787M defamation suit against Fox and why a Delaware judge kept discovery alive.
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ANECDOTE

Soldier Cashed In On Classified Tip Before Maduro Raid

  • A U.S. Army soldier placed roughly $40,000 in bets before the Venezuela raid and converted it into about $400,000 using classified info.
  • He then tried to move funds to an overseas crypto account and lied about his actions, prompting indictment.
INSIGHT

DOJ's Commodities Fraud Charge Sets A Broader Precedent

  • The DOJ used a commodities fraud charge against a soldier who bet on the Maduro raid, signaling a broad enforcement theory for prediction markets.
  • Eric Gardner explains this novel charge could be applied to sports, entertainment, and other insider-driven markets as regulators draft rules.
INSIGHT

CFTC Rulemaking Will Create Enforcement Pathways

  • The CFTC is actively soliciting comments and appears poised to write rules for prediction markets, creating enforceable standards.
  • Gardner expects written rules to enable more prosecutions once regulators define prohibited conduct.
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