If you thought the NIL era had lived its most chaotic phase, another high-risk, legal-level scenario has entered college sports. This time, it’s the prediction markets. And according to both the government and the NCAA, this one might be the most dangerous yet.

Prediction market platforms like Polymarket and Kalshi aren’t calling themselves sportsbooks. They’re calling themselves “event derivative exchanges.” But as more people are pointing out, it is gambling disguised as sports betting. And that’s what has the U.S. government on edge right now. Federal authorities are now closely examining the collision of prediction markets and NIL, as the potential for fraud is unlike anything college sports has seen before.

College athletes now have agents who have access to information like transfer intentions and injury updates. The fear here is: what if those same agents are the ones secretly placing bets? They could already know in October that their client plans to hit the transfer portal in December. And meanwhile, there’s a prediction out there asking whether that scenario will happen. 

It’s not hypothetical anymore. Last month, Jay Clayton, the U.S. Attorney for the Southern District of New York, made it clear this isn’t flying under the radar. He called prediction markets “an area that I am looking at” and added that “a prediction market doesn’t insulate you from fraud.”


Ever since the Supreme Court legalized sports betting in 2018, the industry has exploded. States got their cut, sportsbooks like DraftKings and FanDuel went mainstream, and regulations at least existed. Age limits, monitoring systems, and audits were the guardrails, but now they’re being sidestepped entirely. 

Back in January, the NCAA stepped in and urged the Commodity Futures Trading Commission (CFTC) to shut down trading tied to college sports. The reason was that while these platforms work like sportsbooks, there are no proper rules. Even an 18-year-old has no problem accessing those sites.  

The CFTC, which oversees these platforms, is digging in. It recently filed legal briefs asserting its exclusive authority over prediction markets. Instead of just fighting states, federal regulators are looking at who exploits these platforms. If a booster or coach uses inside team knowledge to buy shares on a player’s transfer, they aren’t just breaking NCAA rules anymore. They could be facing wire fraud charges and real prison time. 

“This is not the first time states have tried to impose inconsistent and contrary obligations on market participants,” CFTC Chairman Michael S. Selig said. “But Congress specifically rejected such a fragmented patchwork of state regulations because it resulted in poorer consumer protection and increased risk of fraud and manipulation.”

But that risk is already here.

What happens when the lines get blurred 

When money starts moving in new ways, the Department of Justice isn’t far behind. Over the past decade, federal prosecutors had already cracked down on corruption involving coaches, players, and administrators. And right now, the legal battle is already heating up. 

Prosecutors previously caught coaches taking bribes for roster spots. Now, the DOJ fears those same backroom deals will shift to prediction markets. If an insider manipulates an injury report to swing a market’s odds, it triggers a federal investigation, not just an athletic suspension. People are now asking if they’re operating under federal law or if they’re just unregulated sports books wearing a disguise. 

“What’s happened is the lines between gambling and investing have been blurred,” Indiana professor John Holden said. 

Per reports, Kalshi handled over $1B in trades during the Super Bowl alone. In January, it was almost $10B in volume, much of it tied to sports. Amid all this, players are finding themselves in a situation they didn’t sign up for. That’s why the government is stepping in. Some in Congress are even pushing for bans on certain types of prediction trades tied to sports. 

Lawmakers specifically want to outlaw college event contracts. They argue that unpaid or young amateur athletes are more vulnerable to bribery and harassment from anonymous traders than seasoned pros, making college-focused prediction markets a massive liability for the government.

For now, though, the Wild West phase continues as platforms are growing and money is pouring in. Perhaps the operators and regulators of these platforms are trying to grab their share right now before the rules finally catch up.

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