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$90 trillion offshore: former regulators push to bring crypto perps home

$90 trillion in estimated offshore perpetual futures volume in 2025, by Kalshi's measure, is the number anchoring a new comment letter from five former senior SEC and CFTC officials calling on Washington to price its regulation closer to…

By Kwame Asante·Aug 31, 2026·2 min read·crypto

Key takeaways

  • Five former senior SEC and CFTC officials filed a comment letter urging Washington to calibrate crypto regulation to actual risk, citing Kalshi's estimate of $90 trillion in offshore perpetual futures volume in 2025.
  • Kalshi estimates offshore perps volume grew roughly 3.2x, from about $28 trillion two years prior to $90 trillion in 2025, which the signatories attribute to regulatory arbitrage.
  • The signatories are former CFTC Chairman Chris Giancarlo, former CFTC Commissioners Brian Quintenz and Sharon Brown-Hruska, former SEC Commissioner Steven Wallman, and former SEC Chief Economist Chester Spatt.
  • The letter, sponsored by Kalshi through law firm Bellementis PLLC, argues that similar risks should face similar regulatory treatment and that redundant compliance costs move trading offshore rather than reducing risk.
  • The SEC sent a rewrite of its custody rules to the White House OIRA, while its separate Reg Crypto proposal is in the Federal Register open for public comment through October 20.

$90 trillion in estimated offshore perpetual futures volume in 2025, by Kalshi's measure, is the number anchoring a new comment letter from five former senior SEC and CFTC officials calling on Washington to price its regulation closer to actual risk. Two years prior, Kalshi puts that same market at roughly $28 trillion; the implied multiple is about 3.2x over the period, which the letter's signatories attribute to regulatory arbitrage rather than any genuine preference for offshore venues.

Metric Kalshi estimate
Offshore perps volume, 2025 $90 trillion
Offshore perps volume, ~two years prior ~$28 trillion
Growth multiple ~3.2x

The five signatories are former CFTC Chairman Chris Giancarlo, former CFTC Commissioners Brian Quintenz and Sharon Brown-Hruska, former SEC Commissioner Steven Wallman, and former SEC Chief Economist Chester Spatt. Their comment responds to a joint June request from both agencies for public input on how swaps, security-based swaps, and novel or emerging products should be classified and where CFTC and SEC jurisdiction should divide.

The core position: similar risks should face similar regulatory treatment. Layering redundant compliance costs across overlapping rules does not reduce risk; it moves trading. The bipartisan makeup carries weight at a moment when neither the SEC nor the CFTC has bipartisan representation. The signatories frame these as structurally nonpartisan questions with long precedent across party lines.

Kalshi, the prediction market platform that began offering crypto perps earlier this year, sponsored the letter by retaining law firm Bellementis PLLC to assist with drafting. The signatories say they received no compensation and that Kalshi had no influence over the letter's contents.

Giancarlo told the newsletter Crypto in America that calibrating federal regulation to actual risk rather than maximum burden is the condition for bringing that offshore liquidity home, and that each year of delay compounds the structural difficulty of doing so. President Donald Trump said this month that CFTC Chairman Michael Selig is working to bring Hyperliquid, a popular offshore perps platform, into the United States.

Custody rules and Reg Crypto

Two parallel SEC tracks are moving. The agency sent a planned rewrite of its custody rules for investment advisers and investment companies to the White House Office of Information and Regulatory Affairs last week. The question the crypto industry has sought clarity on for years: how SEC-regulated firms can qualify as custodians for digital assets under securities law. The text is not yet public, so which firms might qualify and on what terms remains open.

Three years ago, then-Chairman Gary Gensler proposed a "safeguarding" rule that would have stretched adviser custody requirements to virtually all client assets, including crypto. The Atkins SEC scrapped that proposal last year.

Separately, the SEC's Reg Crypto proposal, which would establish new rules for certain crypto asset offerings, is now in the Federal Register and open for public comment through October 20.

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Frequently asked

Who signed the comment letter?

The five signatories are former CFTC Chairman Chris Giancarlo, former CFTC Commissioners Brian Quintenz and Sharon Brown-Hruska, former SEC Commissioner Steven Wallman, and former SEC Chief Economist Chester Spatt.

What is the main argument of the letter?

It argues that similar risks should face similar regulatory treatment and that layering redundant compliance costs across overlapping rules moves trading offshore rather than reducing risk.

What was Kalshi's role in the letter?

Kalshi sponsored the letter by retaining law firm Bellementis PLLC to assist with drafting, though the signatories say they received no compensation and Kalshi had no influence over its contents.

When is the public comment period for the SEC's Reg Crypto proposal?

The Reg Crypto proposal is in the Federal Register and open for public comment through October 20.

What did President Trump say about offshore perps platforms?

Trump said this month that CFTC Chairman Michael Selig is working to bring Hyperliquid, a popular offshore perps platform, into the United States.