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Courts & Justice · Report · File No. 261029-788

Utah files felony charges against Kalshi and its two founders over prediction markets

Utah Attorney General Derek Brown charged the prediction market operator and its co-founders with 13 gambling counts and one count of profiting off illegal activity. Kalshi calls it a 'crazy overreach' as a fight over who regulates election betting heads toward the Supreme Court.

Every quote in this story (2) was matched word for word against its source. How we work

Derek Brown
Derek Brown. Photo: Legalcomms17, CC BY 4.0

Utah filed criminal charges against prediction market operator Kalshi and two of its executives, months after a federal judge rejected the company's effort to stop Utah from enforcing its anti-gambling laws 12.

The charges include 13 counts of violating the state's prohibition on gambling and another charge involving profiting off illegal activity 12. The charging documents name Kalshi and its co-founders, chief executive officer Tarek Mansour and chief operating officer Luana Lopes Lara 12.

The attorney general's office did not immediately say what criminal penalties it would seek, although the felony charges carry the possibility of jail time 12.

What Utah says

Utah Attorney General Derek Brown said Kalshi has kept operating in the state despite a federal court ruling that Utah's gambling laws apply to the company 12.

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Derek Brown
Gambling is illegal in Utah, whether you place the bet, run the game, or promote it. Calling it a ‘prediction market’ doesn’t change what it is, and being federally registered doesn’t put a company above the law.
Derek Brown, Utah Attorney General1

Kalshi pushed back in its own statement, calling the charges a "crazy overreach" and saying that "Utah is clearly playing politics" 12.

We look forward to putting a stop to this in court, just like we did in Arizona.
Kalshi, company statement1

A fight spread across about 20 states

Utah has been on the front lines of a battle between states and the federal government over who regulates the markets 12. Litigation has spread across roughly 20 states, creating a fragmented legal landscape that analysts say will likely be settled by the U.S. Supreme Court 12.

Kalshi has maintained that prediction markets fall exclusively under federal jurisdiction and are not governed by state gambling laws 12. Under President Donald Trump, the Commodity Futures Trading Commission, the federal agency responsible for regulating financial markets, has agreed and even sued at least 10 states, including Utah this week, to try to stop states from regulating prediction markets 12.

Arizona earlier this year became the first state to file criminal charges against Kalshi, accusing it of operating an illegal gambling business within its borders 12. But legal analyst Daniel Wallach said Arizona's authority to pursue the misdemeanor charges could soon be restored after the 9th U.S. Circuit Court of Appeals in San Francisco refused to let Kalshi restart trading on sports and elections events in Nevada while it fights the state's effort to shut it down 12.

Wallach, a lawyer who specializes in sports wagering and gaming law and teaches at the University of Miami School of Law, said Utah's pursuit of felony charges represents a potential shift in strategy by states that have primarily pursued civil actions against prediction market operators 12. He said Utah's criminal charges "could be a bellwether for how other states approach Kalshi and Polymarket" following Nevada's appellate court victory 12.

What happens next

Kalshi sued Utah in February, asking a federal judge to prevent the state from enforcing its gambling restrictions on the platform 12. The lawsuit came as Utah was on the verge of enacting legislation intended to undercut prediction markets from doing business in the state 12.

A federal judge rejected the request, saying the federal law that Kalshi cited in its argument, the Commodity Exchange Act, doesn't prevent the state from enforcing its laws 12. The 10th U.S. Circuit Court of Appeals in Denver last month declined to halt Utah's regulatory enforcement during Kalshi's appeal 12.

Last week, Utah also sued Kalshi and several related companies, asking a state court to stop the platform from trading on sports, elections, politics, culture and other outcomes in Utah, and to use a court-approved geolocation provider to enforce it 12. The attorney general's office also asked the court to make the defendants give up the profits they made in Utah 12.

That matters because the case lands just before the Nov. 3 midterm election, with prediction markets among the platforms offering odds on races 12. The pattern is a widening split: federal regulators say they alone can police these markets, while states are now trying criminal charges, not just civil suits, to shut them down 12.

The Record

  1. Kalshi sued Utah, asking a federal judge to block the state from enforcing its gambling restrictions 12.
  2. Utah sued Kalshi and related companies in state court, seeking to stop trading on sports, elections and politics and to force a geolocation provider 12.
  3. Utah filed 13 gambling counts and one profiting count against Kalshi, Tarek Mansour and Luana Lopes Lara 12.

Sources

  1. ABC News, “Kalshi, founders charged, escalating fight over who can regulate prediction markets” (2026-10-29). abcnews.com/US/wireStory/utah-charges-kalshi-founders-escala
  2. The Seattle Times, “Utah charges Kalshi and its founders, escalating a fight over who can regulate prediction markets | The Seattle Times” (2026-10-28). seattletimes.com/business/utah-charges-kalshi-and-its-founde

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