Tribal Governments Call on the CFTC to End Prediction Market Gambling Loophole Following Meeting with Agency

Press Release
For Immediate Release

Contact: James May
(916) 754-7540
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Tribal Governments Call on the CFTC to End Prediction Market Gambling Loophole Following Meeting with Agency

Tribal leaders nationwide urge immediate action to protect Tribal sovereignty and preserve the federal-state-Tribal framework governing lawful gaming

September 14, 2026

Washington, D.C. -Leaders representing Inter-Tribal organizations from across the United States today called on the Commodity Futures Trading Commission (CFTC) to immediately close the "prediction market" gambling loophole following a closed-door meeting with agency officials.

The leaders said the Commission has failed to uphold its regulations and exercise its authority to stop sports-event contracts that circumvent longstanding federal, state, and Tribal gaming laws. As a result, companies continue to offer what are functionally sports bets outside the regulatory framework that governs every other legal gaming operator.

"Today's discussion reinforced what Tribal governments have been saying for months: prediction market companies are taking advantage of a negligent regulatory agency," said James Siva, Chairman of the California Nations Indian Gaming Association and Vice Chairman of the Morongo Band of Mission Indians. "The CFTC is blatantly ignoring its own regulations and the clear intent of Congress. Tribal governments should not have to fight its trustee this hard to preserve the system that keeps kids in school and cops on our streets. The Commission has both the authority and the responsibility to shut these operations down, and it should do so before further damage is done."

"The CFTC has overlooked feedback from inter-tribal leaders and organizations. Even the most rational arguments are dismissed," said Jameson Wilson, Vice Chairman of the Oneida Nation. "This agency appears dead set on delivering a corporate gambling dystopia where teenagers can bet on anything, anytime, anywhere. Whether it's sports, elections, or human tragedy, I fear this will not only have a devastating impact on tribal government services, but also on the future of our country." Wilson concluded that, "at this point, it's really up to Congress to defend tribes and our youth from this existential threat."

"The Poarch Band of Creek Indians and the State of Alabama prohibit online gambling and underage gambling within our jurisdictions. The CFTC's effort to federalize these decisions directly violates Tribal and state sovereignty while disregarding the choices we have made to protect our young people," said Robert "Robbie" McGhee, Vice Chairman of the Poarch Band of Creek Indians. "The Commission's own proposed rule acknowledges that prediction markets are susceptible to addictive behavior, yet it dismisses those concerns by claiming prohibitions will simply push the activity offshore. More troubling, the proposal never considers the dangers of exposing 18- to 20-year-olds to sports gambling under the misleading guise of financial products."

"USET Sovereignty Protection Fund has grave concerns that the CFTC continues to advance its rulemaking without Tribal consultation," said Sarah E. Harris, Vice Chairwoman of the Mohegan Tribal Council. "Today, our Inter-Tribal organizations emphasized the need to suspend the rulemaking process to engage in required government-to-government consultation."

"Tribes have built responsible, highly regulated gaming systems that support our communities and respect federal law," said Ryan Miller, Tulalip Tribes Council Member. "By allowing prediction markets to operate unchecked, the CFTC is undermining that framework and Tribal sovereignty. Congress must act to ensure these protections cannot simply be ignored."

"The CFTC's intent is clear: they're hell-bent on bringing online gaming to every mobile phone in the US - regardless of tribal sovereignty, states' rights, and local tax revenue," said W. Ron Allen, Chairman of the Washington Indian Gaming Association.

The leaders emphasized that prediction market platforms are not introducing a new financial product; they are offering sports wagering and casino-style gambling outside the legal framework established through the Indian Gaming Regulatory Act (IGRA), Tribal-state gaming compacts, and longstanding state gaming laws. They urged the Commission to enforce its existing authorities rather than allow federally regulated commodities markets to become a backdoor for unregulated gambling.

The roundtable comes as the Senate considers the CLARITY Act and federal courts continue to reject efforts by prediction market operators to shield sports-event contracts from state gambling enforcement. Tribal leaders urged the Commission to uphold its statutory responsibilities and have called on Congress to ensure any legislation governing commodities or digital assets explicitly closes the prediction market gambling loophole, preserves Tribal sovereignty, and reaffirms the authority of Tribal governments and states to regulate lawful gaming.

Participating Tribal Governments and Organizations

The following Tribal governments and organizations participated in the roundtable and joined this statement
:
● James Siva, Chairman, California Nations Indian Gaming Association; Vice Chairman, Morongo Band of Mission Indians (California)
● Jameson Wilson, Vice Chairman, Oneida Nation (Wisconsin)
● Robert "Robbie" McGhee, Vice Chairman, Poarch Band of Creek Indians (Alabama)
● Sarah E. Harris, Secretary, United South and Eastern Tribes; Vice Chairwoman, Mohegan Tribe
● Ryan Miller, Member, Tulalip Tribes Board of Directors (Washington)
● W. Ron Allen, Chairman, Washington Indian Gaming Association; Chairman of the Jamestown S'Klallam Tribe (Washington)

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