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Gambity Crisis Watch Senators seek CFTC action after wildfire bets …
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Senators seek CFTC action after wildfire bets drew 1.2 million

Nine US senators, including California's Adam Schiff and Alex Padilla, sent a letter to the CFTC demanding either strict limits on wildfire prediction markets or a complete shutdown of that category.

James Harrington Senior Risk Analyst ·3 min read

In January 2025, while Los Angeles County fire departments were working to contain the Eaton and Palisades fires, Polymarket was running a set of contracts that let traders wager on how many acres would burn by specific deadlines, whether the fires would reach particular neighborhoods, and when containment would be declared. By the time the fires were out, thirty-one people were dead, more than sixteen thousand structures were gone, and over a million dollars had changed hands on outcomes tied to the disaster.

Nine US senators, including California's Adam Schiff and Alex Padilla, sent a letter to the CFTC demanding either strict limits on wildfire prediction markets or a complete shutdown of that category. Their stated concern was not purely aesthetic. They raised the specific scenario of arson — that someone holding a position on a fire's spread might have a financial interest in its continuation.

That argument deserves to be taken seriously, and then evaluated carefully, because it is doing two different things at once.

The incentive case is real but the mechanism is weak. Wildfire arson for financial gain would require a trader to hold a large enough position to make criminal risk worthwhile, to have meaningful influence over fire spread in terrain that is notoriously unpredictable, and to execute this without detection across a jurisdiction with active federal and state fire investigators. I have seen similar arguments made about weather derivatives in fixed income markets. The theoretical incentive exists. The documented instance does not.

The stronger concern the senators are circling, without quite saying it, is reputational. A market that attracts a million dollars in volume on a disaster that killed thirty-one people is not a market that a regulator can defend at a congressional hearing. The Polymarket volume on the LA fires was roughly ten times what a Giants game drew on the same platform in the same period. That ratio is going to appear in testimony.

Polymarket settled with the CFTC in 2022 over operating an unregistered trading facility, and has since structured its operations to restrict US-based users while continuing to grow globally. That structure has held — until the Baltimore suit and the CFTC's review of mention markets put the whole architecture under fresh scrutiny. The wildfire letter adds a third pressure point, and it does so from the Senate, which controls the CFTC's appropriations.

Here is where I adjust for my own bias: I tend to find the downside scenario, and the downside here is visible enough that it could distort my read. The CFTC under its current posture has been more accommodating of prediction markets than hostile. A senators' letter is not a rule. The arson argument has not, to my knowledge, produced a single documented case anywhere in the world.

But the CFTC now has three active fronts: Baltimore's consumer protection suit, the mention markets review, and incoming Senate pressure on disaster contracts. Each one is manageable in isolation. Together, they create the conditions where a regulator decides that one category of market is not worth defending. Disaster-linked contracts are the most politically exposed category Polymarket operates.

The market that needs watching is not whether the CFTC acts on the senators' letter. It is whether Polymarket's disaster contracts survive the next twelve months of combined legal and political pressure as a class — not through a single ruling, but through a sequence of quiet decisions about what a regulator is willing to staff up to defend.

About the analyst
Senior Risk Analyst

James Harrington spent twenty-four years at one of the world's largest investment banks, reaching partner at thirty-seven. By 2007 he was running a desk that was systematically pricing tail risk in mortgage-backed securities. He was right for eighteen months before the crisis arrived.

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Polymarket allows traders to buy and sell contracts tied to specific wildfire events, including the number of acres burned by set deadlines, whether fires will reach particular neighborhoods, and when containment will be declared. During the January 2025 Los Angeles fires, over one million dollars in volume traded on these wildfire contracts while the Eaton and Palisades fires were active. Traders profit or lose based on how actual events resolve against the contract terms.

Senators including California's Adam Schiff and Alex Padilla cited the specific scenario of arson-for-profit: a trader holding a large position on fire spread could theoretically have financial incentive to influence the disaster's continuation. The letter demanded either strict limits or a complete shutdown of wildfire prediction market contracts. The senators raised this concern after Polymarket processed over one million dollars in wildfire bets during the Los Angeles fires that killed thirty-one people.

Polymarket already settled a 2022 CFTC enforcement action over operating an unregistered trading facility and restructured to restrict US-based users. The wildfire senators' letter creates a third pressure point on the CFTC alongside Baltimore's active consumer protection suit and the agency's separate review of mention markets. The letter originates from the Senate, which controls the CFTC's appropriations and can force regulatory action through budget authority.

If the CFTC restricts wildfire contracts on US-regulated platforms, traders could migrate to offshore prediction markets like Polymarket's existing global operations, which already restrict domestic US access while serving international users. The reputational risk to regulators—visible when one million dollars traded on LA fire outcomes versus ten times less on a Giants game—creates political incentive for closure rather than mere restriction. Resolution of wildfire markets depends on outcomes verified by fire agencies, creating audit trails that real-money platforms track on sites like Metaculus and Kalshi.