Judge stays CFTCs case against US soldier over prediction market bets

요약:A federal judge has stayed the CFTC‘s civil case against US Army Special Forces Master Sergeant Gannon Ken Van Dyke pending resolution of his criminal case. Judge Andrew Carter granted prosecutors’ July motion in the Southern District of New York. Van Dyke allegedly made over $400,000 on Polymarket event contracts tied to Venezuelan President Nicolás Maduro‘s removal, using nonpublic information from his involvement in the January operation to oust Maduro. Both cases were filed in April and could affect how lawmakers and officials use prediction markets. Van Dyke has moved to dismiss the criminal indictment, arguing CFTC’s treatment of event contracts as “swaps” was ambiguous. He pleaded not guilty; trial may begin in late 2026 or early 2027.

A federal judge ordered that a civil case initiated by the US Commodity Futures Trading Commission (CFTC) be stayed pending the outcome of a criminal case against a US soldier who is alleged to have used nonpublic information to profit from a Polymarket event contract on the removal of Venezuelan President Nicolás Maduro.

In a Monday ruling in the US District Court for the Southern District of New York, District Judge Andrew Carter granted a motion filed by prosecutors in July to stay the CFTCs civil case “pending the outcome of the criminal proceeding.”

The cases against Gannon Ken Van Dyke, a US Army Special Forces Master Sergeant, involve allegations of making more than $400,000 on Polymarket event contracts tied to Maduros removal. According to the US Justice Department, Van Dyke was involved in the operation to oust Maduro in January, leading to allegations he used nonpublic information to profit on prediction markets.

The criminal and civil cases, both filed in April, could have significant implications for lawmakers and government officials using prediction markets. The US soldier has already filed a motion to dismiss the criminal indictment on different legal theories, including that the CFTCs enforcement of event contracts as “swaps” on prediction markets was “ambiguous.”

Van Dyke pleaded not guilty to all charges and is potentially looking at a criminal trial beginning in late 2026 or early 2027.

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