US Tribal Leaders Push for Prediction Market Crackdown via Clarity Act
AI-GENERATEDTribal gaming regulators and US senators seek to amend the Clarity Act to reclassify prediction markets, as Kalshi volume hit $535 million in 2024.
A significant legal battle is unfolding in the United States as traditional tribal gaming operators and digital prediction platforms clash over the future of event-based betting. Tribal regulators, supported by a group of influential senators, are calling for an amendment to the US Clarity Act. Their objective is to ensure that prediction markets, which allow users to trade contracts on political or sporting outcomes, are legally defined as gambling. Currently, these platforms operate in a regulatory gray area overseen by the Commodity Futures Trading Commission (CFTC) rather than state gaming boards.
The scale of these markets has grown rapidly, causing alarm among traditional operators. In 2024, the platform Kalshi reported a staggering $535 million in trading volume for contracts related to the US presidential election. Tribal leaders argue that these activities directly infringe upon their exclusive gaming rights granted by state and federal law. Senator Adam Schiff of California has taken a lead role by co-authoring the Prediction Markets Are Gambling Act, which seeks to prohibit the CFTC from listing any event contract that functions like a sports bet or casino game.
Numbers and facts
The financial impact of this legislative push was felt immediately on Wall Street. DraftKings shares dropped below $21 on a Friday in March 2026, hitting a fresh 12-month low of $20.53. This represented a 12% decline within a single week. Flutter Entertainment, the parent company of FanDuel, also suffered, with its share price falling to $100 for the first time since 2022. Both companies have seen their market value decrease by more than 40% over the past year as regulatory uncertainty looms over new product categories.
Conversely, Kalshi CEO Tarek Mansour has publicly criticized the move, claiming it is a coordinated effort by the 'casino lobby' to protect existing monopolies. He argues that regulated prediction markets offer a superior product and that banning them will only drive consumers to offshore, unregulated sites. Meanwhile, Senators Todd Young and Elissa Slotkin introduced the Public Integrity in Financial Prediction Markets Act of 2026 to combat potential corruption. The bill proposes that government officials using nonpublic information to trade on these markets face fines of at least $500 or double the profit made from the transaction.
"Rather than enforce the law, the CFTC is greenlighting these markets and even promoting their growth. It’s time for Congress to step in and eliminate this backdoor which violates state consumer protections, intrudes upon tribal sovereignty and offers no public revenue." - Adam Schiff, US Senator (California)
Background
At the heart of the debate is the classification of 'event contracts.' Prediction markets maintain they are financial tools for hedging risk, similar to commodities or options. However, critics like David Rebuck, the former director of the New Jersey Division of Gaming Enforcement, view them as clear examples of gambling. Taxation is another point of contention. Licensed sportsbooks in states like Illinois face steep tax rates, which Circa Sports CEO Derek Stevens describes as 'illegal bookmaker preservation taxes' that benefit offshore sites. Prediction markets currently avoid these specific gambling taxes, creating what tribes see as an unfair playing field.
Why it matters for German players
For players in Germany, the regulatory environment is far more structured than the current situation in the US. The Interstate Treaty on Gambling 2021 (GlüStV 2021) provides a clear framework that leaves little room for unregulated prediction markets. While US lawmakers struggle with definitions, German players benefit from the GGL's strict oversight. This means that betting on non-sporting events like elections is generally not permitted under a German license, focusing the market on high-integrity sports wagering.
German residents must adhere to a cross-operator monthly deposit limit of 1,000 euros, managed via the LUGAS system. Furthermore, virtual slot games are restricted to a maximum bet of 1 euro per spin. These measures are designed to prevent gambling addiction and financial distress. Unlike the US, where a 'backdoor' via the CFTC is being debated, any gambling offering in Germany requires an explicit license from the GGL. Using offshore prediction markets remains illegal and leaves players without any legal recourse if funds are withheld.
What it means for GGL-licensed casinos
For GGL-licensed operators, the US turmoil highlights the value of operating within a stable legal environment. While companies like DraftKings face volatility due to regulatory shifts, German operators have a predictable set of rules to follow. The GGL continuously monitors the market to ensure that only approved bets are offered, protecting the integrity of the industry. This stability allows for long-term planning, even if the restrictions on stakes and deposits limit short-term revenue compared to the more open US markets.
Frequently asked questions
What are prediction markets?
These platforms allow users to trade shares on the outcome of future events, such as elections or economic data. If the event occurs, the share pays out a fixed amount, which critics argue is functionally identical to a wager.
Why are US tribes opposing these markets?
Tribes often hold exclusive rights to offer gambling in their jurisdictions. They view prediction markets as an unauthorized expansion of gambling that bypasses their agreements and provides no tax revenue to the state or tribes.
What are the penalties for insider trading on these platforms?
The proposed Public Integrity Act of 2026 includes fines for government employees of at least $500 or double the profit gained from using nonpublic information to trade on event contracts.
Is betting on politics legal in Germany?
No, under the current GlüStV 2021, legal betting is largely restricted to sports. Betting on political elections or other social events is not permitted for operators holding a GGL license.
How can I verify if a casino is legal in Germany?
A legal operator must be listed on the official GGL Whitelist. They must also enforce mandatory player protection tools like the 1,000 euro monthly deposit limit and the 1 euro spin limit for slots.
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About the author

Lisa Lustich
Editor-in-chief & casino tester
Lisa Lustich has been testing German-language online casinos since 1997 and runs the Lustich.de newsroom. More than 400 published reviews, certified player-protection advisor (BZgA training, 2019).
All articles by Lisa Lustich →Sources & further reading
- Joint Gambling Authority of the German Federal States (GGL): gluecksspiel-behoerde.de
- Whitelist of permitted online operators: GGL-Whitelist
- BZgA problem-gambling helpline: 0800 1 372 700 (free, anonymous, 24/7)
- Editorial methodology: Editorial guidelines Lustich.de
Gambling can be addictive. Please play responsibly. Help and counselling at 0800 1 372 700 (BZgA, free & anonymous).
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