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SEC Delays Prediction-Market ETFs as Atkins Warns of Investor Risks

May 21, 2026·5 min read

Paul Atkins, the Chairman of the U.S. Securities and Exchange Commission, just slowed down what was expected to become one of the biggest ETF product launches of the year. On Wednesday, he announced that fund sponsors had agreed to delay a wave of more than two dozen exchange-traded funds tied to prediction markets while the SEC opens a formal public comment process before allowing them to launch.

Atkins, a longtime Republican securities lawyer and former SEC commissioner under President George W. Bush, now leads the federal regulator responsible for approving investment products, enforcing disclosure rules, and protecting investors in U.S. financial markets. When the SEC Chairman decides a product needs additional review, it does not move forward.

The products in question were filed earlier this year by Roundhill Investments, GraniteShares, and Bitwise Asset Management. The firms proposed ETFs that would allow Americans to effectively bet on real-world outcomes — including elections, recessions, layoffs, sports events, and economic data — through ordinary brokerage accounts.

The funds would rely on contracts tied to prediction-market platforms such as Kalshi and Polymarket, where users wager on yes-or-no questions about future events. Prediction markets generated roughly $63.5 billion in trading activity last year and have rapidly evolved from niche internet platforms into a growing corner of Wall Street speculation.

Had the ETFs launched, the products would have become available through mainstream investment accounts at firms such as Charles Schwab, Fidelity Investments, and Vanguard Group, potentially placing them inside retirement portfolios and 401(k) plans used by millions of ordinary Americans. Several of the funds were expected to begin trading as early as May 21.

“Novel products raise novel questions,” Atkins said in a statement Wednesday, adding that the SEC must proceed “in a transparent and thoughtful manner” before approving the products.

Behind the delay are several major concerns.

First, prediction markets historically fall under the authority of the Commodity Futures Trading Commission, not the SEC. But Atkins previously told the Senate Banking Committee that some of the contracts increasingly resemble securities products, potentially placing them under SEC oversight instead.

Second, federal investigators are examining whether prediction markets could create opportunities for insider trading and market manipulation. Earlier this year, users on Polymarket placed unusually well-timed bets shortly before President Donald Trump authorized military actions involving Iran and Venezuela. Jay Clayton, the U.S. Attorney for the Southern District of New York and former SEC Chairman, confirmed his office is investigating aspects of the prediction-market industry for possible fraud and misconduct.

Third, courts in Massachusetts and Nevada are still debating whether some prediction-market contracts amount to illegal gambling under state law.

For now, Atkins has already succeeded in slowing the industry’s expansion. The ETFs will not launch this week, and the SEC’s public-comment process could delay approvals for months. The agency has broad authority to demand additional disclosures, request structural changes, or refuse approval entirely.

Notably, the issuers themselves agreed to pause the launches voluntarily, signaling that they are unlikely to challenge the SEC publicly while the review process unfolds.

The longer-term fight, however, may ultimately move beyond the SEC and into Congress.

Lawmakers including Sen. Adam Schiff and Sen. John Curtis are backing legislation known as the “Prediction Markets are Gambling Act,” which would ban sports-related prediction contracts outright. Meanwhile, Rep. French Hill, chairman of the House Financial Services Committee, acknowledged Wednesday that many lawmakers still do not fully understand how the rapidly growing market functions.

Atkins’ move is ultimately aimed at protecting ordinary investors — particularly retirees, working families, and retail traders who could easily mistake prediction-market ETFs for traditional investment products.

Unlike buying shares in a company that produces goods, hires workers, and generates profits, prediction-market contracts are fundamentally wagers on whether specific events will occur. Wrapped inside an ETF structure, those bets could suddenly appear alongside conventional stock and bond funds in retirement accounts across the country.

The SEC chairman is also attempting to protect confidence in the broader securities market itself. If products vulnerable to manipulation or insider-information risks receive the SEC’s approval through the ETF structure, it could undermine trust in the wider regulatory system overseeing Wall Street.

The stakes extend far beyond Washington regulators.

Intercontinental Exchange, owner of the New York Stock Exchange, recently committed up to $2 billion to Polymarket at an estimated $8 billion valuation. Investors including Sequoia Capital, Andreessen Horowitz, CapitalG, Paradigm Ventures, and Coinbase Ventures have poured money into Kalshi at valuations reportedly reaching $5 billion. Donald Trump Jr. also serves as an adviser to both companies.

Those investments were made under the assumption that prediction markets were on the verge of becoming a mainstream financial product embedded directly into the U.S. investment system.

Atkins’ decision does not end that possibility. But it makes clear that before prediction markets reach retirement accounts and everyday brokerage portfolios, the SEC intends to move far more carefully than the industry hoped.

— JBizNews Desk

© JBizNews.com. All rights reserved. This article is original reporting by JBizNews Desk. Unauthorized reproduction or redistribution is strictly prohibited.

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