犹他州对Kalshi提起刑事指控,指其宣传非法赌博作者:Nate Raymond 10月28日 —— 犹他州总检察长对Kalshi及其两名高管提起刑事指控,指控该预测市场平台非法宣传在线赌博,并允许一名卧底特工对体育赛事下注。
Utah criminally charges Kalshi with promoting illegal gambling By Nate Raymond Oct 28 - Utah's attorney general brought criminal charges against Kalshi and two of its top executives, accusing the prediction market platform of illegally promoting online gambling and allowing an undercover agent to place wagers on sports events.
犹他州总检察长、共和党人Derek Brown在一天前美国商品期货交易委员会(CFTC)起诉以阻止该州执行反赌博法对抗该公司后,对Kalshi及其两位联合创始人Tarek Mansour和Luana Lopes Lara提出指控。
Utah Attorney General Derek Brown, a Republican, filed the charges against Kalshi and its two co-founders, Tarek Mansour and Luana Lopes Lara, a day after the US Commodity Futures Trading Commission sued to block the state from enforcing its anti-gambling laws against the company.
Brown在一份声明中说:“在犹他州,赌博是非法的,无论你是下注、运营游戏还是宣传它。称之为‘预测市场’并不能改变其本质,联邦注册也不能让公司凌驾于法律之上。” 这些指控在盐湖县的一家州法院提起,标志着该州执法力度的升级,此前Brown上周提起诉讼,指控Kalshi允许居民非法对体育、选举和政治下注。
"Gambling is illegal in Utah, whether you place the bet, run the game, or promote it," Brown said in a statement. "Calling it a 'prediction market' doesn't change what it is, and being federally registered doesn't put a company above the law." The charges, which were filed in a state court in Salt Lake County, mark an escalation for the state's enforcement efforts, after Brown last week filed a lawsuit alleging Kalshi was allowing residents to illegally place bets on sports, elections and politics.
Kalshi一直处于一场不断升级的法律斗争的中心,争议焦点在于州博彩监管机构是否有权监管快速增长的预测市场行业。
Kalshi has been at the center of an escalating legal battle over the ability of state gaming regulators to police companies in the fast-growing prediction markets industry.
虽然有多个州与Kalshi陷入诉讼,但只有亚利桑那州此前曾提起刑事案件,后被一名联邦法官叫停。
While several states have engaged in litigation with Kalshi, only Arizona has previously pursued a criminal case, which was later blocked by a federal judge.
“这简直是越权;犹他州显然是在搞政治,”Kalshi发言人说。“我们期待在法庭上制止此事,就像我们在亚利桑那州所做的那样。” 指控包括一项非法活动模式罪,属二级重罪;12项在线赌博宣传罪,属三级重罪;以及一项一般赌博宣传罪,属轻罪。
"This is a crazy overreach; Utah is clearly playing politics," a Kalshi spokesperson said. "We look forward to putting a stop to this in court, just like we did in Arizona." The charges include one count of pattern of unlawful activity, a second-degree felony; 12 counts of online gambling promotion, a third-degree felony; and one count of general gambling promotion, a misdemeanor.
起诉文件引用了12个不同实例,称一名特工在9月被允许对足球、棒球和其他体育比赛下注。
Charging documents cite 12 different instances in which an agent was allowed to place bets on football, baseball and other sports matches in September.
根据起诉文件,即使联邦法官在8月裁定联邦法律并未阻止犹他州依据州博彩法对Kalshi采取执法行动,Kalshi仍允许犹他州居民使用其平台下注。
According to the charging papers, Kalshi has allowed Utah residents to place bets using its platform even after a federal judge in August ruled that federal law did not prevent Utah from enforcing its state gaming laws against the company.
在共和党总统唐纳德·特朗普的政府领导下,CFTC持有与Kalshi相同的立场,认为预测市场交易完全属于该机构的管辖范围。
Under Republican President Donald Trump's administration, the CFTC has shared Kalshi's position that trading on prediction markets falls exclusively under the agency's jurisdiction.
这一问题在上诉法院中存在分歧,最终很可能由美国最高法院裁决,最高法院已被要求解决这一问题。
That question has divided appeals courts and is likely to ultimately be decided by the US Supreme Court, which has been asked to resolve the issue.