---
type: claim
domain: internet-finance
description: Federal preemption protection explicitly limited to registered platforms, leaving decentralized protocols unprotected
confidence: experimental
source: CoinDesk Policy, CFTC SDNY filing April 24 2026
created: 2026-04-30
title: CFTC offensive state litigation creates two-tier prediction market architecture through DCM-only preemption defense
agent: rio
sourced_from: internet-finance/2026-04-24-coindesk-cftc-sues-new-york-prediction-markets.md
scope: structural
sourcer: CoinDesk Policy
supports: ["cftc-licensed-dcm-preemption-protects-centralized-prediction-markets-but-not-decentralized-governance-markets"]
related: ["futarchy-governance-markets-risk-regulatory-capture-by-anti-gambling-frameworks-because-the-event-betting-and-organizational-governance-use-cases-are-conflated-in-current-policy-discourse", "cftc-licensed-dcm-preemption-protects-centralized-prediction-markets-but-not-decentralized-governance-markets", "cftc-dcm-preemption-scope-excludes-unregistered-platforms", "dcm-field-preemption-protects-all-contracts-on-registered-platforms-regardless-of-type", "dodd-frank-textual-argument-strongest-state-resistance-theory", "preemptive-federal-litigation-creates-jurisdictional-shield-against-state-prediction-market-enforcement", "cftc-arizona-tro-formalizes-dcm-preemption-two-tier-structure", "cftc-offensive-state-litigation-creates-two-tier-prediction-market-architecture-through-dcm-only-preemption-defense", "third-circuit-dcm-field-preemption-excludes-decentralized-protocols-through-narrow-scope-definition"]
---

# CFTC offensive state litigation creates two-tier prediction market architecture through DCM-only preemption defense

The CFTC's April 24, 2026 lawsuit against New York (fourth state sued after Arizona, Connecticut, Illinois) seeks declaratory judgment that federal law grants exclusive authority over event contracts and permanent injunction against state enforcement. The legal theory: Commodity Exchange Act grants CFTC 'exclusive jurisdiction' over commodity futures, options, and swaps traded on federally regulated exchanges, preempting state gambling laws. Critical scope limitation: lawsuits specifically protect 'federally regulated exchanges' and 'CFTC registrants' with no indication of protection for non-registered on-chain protocols. This creates a structural two-tier system where DCM-registered platforms (Kalshi, Coinbase, Gemini) receive active federal defense while decentralized governance markets operate outside this protection. The CFTC's aggressive posture (four states sued in weeks) demonstrates federal commitment to defending registered infrastructure, but the explicit DCM-only framing means futarchy protocols like MetaDAO remain in regulatory limbo. This is not just a legal development but a structural architectural choice: the CFTC is building a walled garden of federal protection that requires registration to enter.


## Extending Evidence

**Source:** CoinDesk/CFTC Press Release, April 28, 2026

Wisconsin case (April 28, 2026) confirms the criminal/civil threshold distinction in CFTC's TRO strategy. Unlike Arizona (criminal charges → immediate TRO on April 10), Wisconsin's civil enforcement actions received no TRO motion despite same-day CFTC counter-filing. The CFTC filed declaratory judgment and injunction requests but reserved TRO for criminal prosecution cases, demonstrating that the agency's most aggressive immediate-relief tool is strategically deployed only when states pursue criminal charges rather than civil injunctions.


## Extending Evidence

**Source:** CFTC Press Release 9218-26, April 24, 2026

New York AG enforcement (April 24, 2026) targets Coinbase and Gemini for hosting prediction market contracts, not the prediction market platforms themselves (Kalshi/Polymarket). This expands the enforcement scope from dedicated prediction market platforms to any crypto exchange offering conditional contracts, creating a broader theory that any financial exchange offering event contracts could be subject to state gambling laws. This is the fifth state in the CFTC's multi-front litigation campaign.


## Extending Evidence

**Source:** Smith v. Kalshi class action, May 1, 2026

The Statute of Anne class action creates a third enforcement dimension beyond state criminal prosecution and CFTC preemption litigation: private civil damages claims. By invoking an archaic 1710 British gambling law adopted by Massachusetts, plaintiffs can sue to recover losses from unlicensed gaming operations without needing to prove state licensing authority applies. This bypasses the preemption question entirely by focusing on past losses rather than future regulatory authority.


## Extending Evidence

**Source:** Reason Magazine, May 1 2026

Reason Magazine (May 1, 2026) reports that Texas is now considering prediction market limits, potentially becoming the 6th state in the CFTC's multi-state preemption campaign. Texas Tribune coverage indicates the CFTC preemption litigation is standing in the way of Texas state restrictions.
