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CFTC Commissioner Summer Mersinger speaking at Consensus (Consensus)
CFTC Commissioner Summer Mersinger speaking at Consensus (Consensus)
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CFTC commissioner blasts the regulator’s handling of prediction markets

Jack Morse

Commissioner Summer Mersinger of the Commodities Futures Trading Commission has a bone to pick — with the CFTC.

The Biden-nominated official took the stage Thursday at the Consensus crypto conference in Austin, Texas, and lambasted her own agency’s stance on prediction markets.

“I think we are taking a very dangerous approach to regulating these,” explained Mersinger. “I worry that this could end in a lot of litigation.” 

Earlier this month, the CFTC proposed new rules that would ban so-called “events contracts” dealing with certain real-world events, like US election outcomes and sports games. Those events contracts are the bread and butter of many prediction markets, like the crypto-based Polymarket, which allows traders to place bets on a wide range of topics. 

“To me, then you’re just driving all of this offshore, which is more concerning when you’re talking about US investors who do want to participate in these markets,” said Mersinger. “I was frustrated with our rulemaking.”

Would-be bettors in the US may be frustrated as well. According to Polymarket, which doesn’t allow US persons to place bets on its site, more than $141M has been wagered on the upcoming US presidential election alone. PredictIt, which is based in New Zealand, likewise has a thriving events contract on the outcome of this fall’s US presidential election. 

“Congress gave us the authority to regulate these markets, so at the end of the day these are legal markets,” emphasized Mersinger. “And I think I have to repeat that a lot in the agency.”

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$1.2B

XRP ETFs have now crossed $1 billion in assets since the funds launched, according to SoSoValue, which shows total assets of $1.18 billion.

In September, the SEC approved generic listing standards, which paved the way for speedier listings and opened the floodgates for these products, and shortly after, Rex-Osprey launched the first spot XRP ETF available in the US.

Canary followed suit in November, launching an ETF trading on the Nasdaq under the ticker XRPC, which saw a record $58.5 million in trading volume on its first day. It’s the largest XRP ETF in the US, with $342 million in assets.

Grayscale, Bitwise, and Franklin Templeton also launched their own XRP ETFs in November. On December 11, 21Shares joined the XRP fund party.

It’s a noteworthy green shoot in the crypto space, as bitcoin and its ETFs have struggled, and XRP itself is down nearly 15% over the past month.

Jake Hanley, managing director and senior portfolio specialist at Teucrium Investment Advisors — which launched the first-ever XRP-based ETF in April, the 2x Long Daily XRP ETF — told Sherwood News that he is not surprised to see this level of interest in the XRP ETFs.

“We have long held that XRP and the Ripple ecosystem present a unique investment case among crypto assets. Crossing the $1 billion mark is yet another signal of the significant vote of confidence investors have in this increasingly important asset and ecosystem,” Hanley said.

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New bitcoin AfterDark ETF will be bitcoin at night, Treasurys by day

Tidal Trust II submitted form N-1A with the SEC to register a bitcoin ETF designed to systemically capture the cryptocurrency’s overnight return profile, a time window that delivered a significant portion of bitcoin’s upside last year.

The Nicholas Bitcoin and Treasuries AfterDark ETF provides long bitcoin exposure during US overnight hours, from the closing bell until the following morning’s market open, when the fund intends to unwind its positions, according to a document filed with the SEC on Tuesday. 

To gain that exposure, the ETF may use a number of methods, including bitcoin futures contracts, US-listed ETFs, or exchange-traded options on such bitcoin underlying funds. When the market is open and daytime trading is active, the fund’s portfolio will consist of US Treasury securities and other cash equivalents. 

In 2024, most of bitcoin’s gains occurred after-hours, senior Bloomberg ETF analyst Eric Balchunas reported:

The AfterDark ETF filing comes as bitcoin crossed $94,000 on Tuesday, rising 4.5% in the last 24 hours. Even though spot bitcoin ETFs saw nearly $60.5 million in outflows on Monday, the investment vehicles have a cumulative net inflow of $57.6 billion, per SoSoValue.

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