From the journal

Google Engineer Charged with Commodities Fraud on Polymarket Using Confidential Data, May 2026

On 27 May 2026, the U.S. Attorney for the Southern District of New York unsealed a criminal complaint charging Michele Spagnuolo, a Google staff software engineer, with commodities fraud, wire fraud, and money laundering. Spagnuolo allegedly used confidential internal Google Search data to place approximately $2.75 million in bets on Polymarket event contracts tied to Google's Year in Search report between October and December 2025, netting roughly $1.2 million in profit. The CFTC filed a parallel civil action seeking penalties and trading bans.

3 min read

On 27 May 2026, the United States Attorney for the Southern District of New York unsealed a criminal complaint against Michele Spagnuolo, 36, an Italian national residing in Switzerland who worked as a staff software engineer at Google. Spagnuolo faces three counts: commodities fraud under 7 U.S.C. Section 9(1) and 17 C.F.R. Section 180.1, wire fraud under 18 U.S.C. Section 1343, and money laundering under 18 U.S.C. Section 1956. He appeared before a federal magistrate in New York and was released on a $2.25 million bond. The Commodity Futures Trading Commission (CFTC) simultaneously filed a civil enforcement action.

The CFTC's authority over prediction market event contracts derives from Section 4c of the Commodity Exchange Act (7 U.S.C. Section 6c), which governs transactions in commodity interests including contracts of sale. The complaint alleges that Spagnuolo misappropriated material, non-public information from Google in breach of his duty of loyalty and confidentiality. He then used that information to trade event contracts on Polymarket, meeting the elements of the misappropriation theory of commodities fraud. Spagnuolo allegedly accessed confidential internal data about Google's Year in Search report, identifying the most-searched celebrities. He placed approximately $2.75 million in bets on related Polymarket contracts between 15 October and 4 December 2025, generating approximately $1.2 million in profit.

Prediction market platform operators now face heightened scrutiny of know-your-customer procedures and market surveillance obligations following this enforcement action. Technology company employees who trade on prediction markets using internal corporate information face explicit CFTC and DOJ enforcement risk under the misappropriation theory extended to commodity markets. Platforms comparable to Polymarket may receive regulatory pressure to implement trading controls that identify patterns consistent with information asymmetry between traders.

The CFTC's civil case seeks trading bans, disgorgement of approximately $1.2 million in profits, and civil monetary penalties. The criminal complaint, rather than a formal indictment, means Spagnuolo's formal charges remain subject to grand jury action. A maximum sentence of 50 years applies across all three counts if conviction is obtained. This case is the first publicly charged instance of the misappropriation theory of commodities fraud applied to a prediction market platform, establishing an enforcement precedent.

Licentium advises prediction market operators and digital asset platforms on CFTC regulatory strategy, compliance program design, and cross-border enforcement risk. Work we undertake includes prediction market regulatory analysis, CFTC registration and compliance, commodity interest classification, market surveillance program design, and enforcement response advisory.

Source: U.S. Attorney's Office, Southern District of New York, Google Employee Charged With Insider Trading, 27 May 2026

Prediction Markets

More from the journal

See all

FATF Publishes Targeted Report on DeFi Regulatory Challenges, 21 July 2026

On 21 July 2026, the Financial Action Task Force published its Targeted Report on Regulatory Challenges from Decentralised Finance. The report finds that 93% of surveyed jurisdictions have not implemented FATF Recommendation 15 as it applies to qualifying DeFi arrangements, and only two jurisdictions have licensed or registered a DeFi arrangement. The FATF issues recommendations to jurisdictions and DeFi operators to close identified regulatory gaps and reduce illicit finance risk.

EU Digital Omnibus Regulation 2026/1744 Enters Into Force, Extending AI Act Compliance Timelines

Regulation (EU) 2026/1744 (the AI Digital Omnibus) entered into force on 27 July 2026, amending the EU AI Act to extend compliance timelines for high-risk AI systems. Operators covering Annex III sectors have until 2 December 2027 to meet Chapter III obligations. AI systems embedded in Annex I products have until 2 August 2028. The Omnibus cites CEN and CENELEC standardisation delays as justification for both extensions.

EU AI Act Article 50 Transparency Obligations Apply from 2 August 2026

Article 50 of Regulation (EU) 2024/1689 (the EU AI Act) takes general application on 2 August 2026. Providers of interactive AI systems must notify users they are communicating with an AI and embed machine-readable marks in AI-generated content. Deployers must inform individuals exposed to deep fakes and AI-generated public-interest content published without human review. The European Commission published final implementation guidelines on 20 July 2026.