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As with PASPA, this matter revolves heavily around federalism versus states’ rights. Traditional sports betting is governed by individual state regulators with varying laws and regulations. Federal derivatives are regulated by the CFTC, which has fully embraced prediction markets under US President Donald Trump after rejecting them in previous administrations.
The web of lawsuits and court rulings involving prediction markets has greatly complicated the issue of jurisdiction. Kalshi has been forced to limit trading in multiple states, most notably Nevada, and the CFTC has gone to unprecedented lengths to protect its licencees. This includes suing nine states directly and issuing emergency orders to reject state mandates.
CFTC Chairman Michael Selig is currently the lone sitting commissioner for an agency that traditionally features a bipartisan group of five. Selig has repeatedly defended both the legitimacy of prediction markets as financial assets and the role of the CFTC in overseeing them. The CFTC under his direction has embarked on a series of rule proposals regarding prediction markets, although detractors argue that the proposed changes still allow for sports contracts and in some ways could be seen as a tightening of the belt to make a Supreme Court review look more favourable.
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“Although each jurisdiction has its own legal system, market characteristics and regulatory priorities, many of the challenges we face are increasingly global. Combatting the illegal market, preventing money laundering, protecting consumers and ensuring betting integrity require ever-greater cooperation among regulators from different countries.”
Macorin will attend the IAGR Annual Conference in Peru (19-22 October). There, regulators and industry representatives from around the world will discuss emerging challenges and opportunities in gaming and betting regulation.
“IAGR is extremely grateful for Fabio Macorin’s willingness to dedicate his extensive talents to representing South America at a pivotal time for gaming regulation across the region,” said IAGR Vice President Brian Krolicki.
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The American Gaming Association (AGA) believes many federally regulated prediction markets have transformed into illegal gambling and sports betting outfits, siphoning revenue from the legal, taxed gaming industry. Prediction markets, the trade group argues, threaten jobs and tax revenue, as do other forms of illegal gambling like skill games, sweepstakes casinos, and offshore sportsbooks.
Illegal gambling operators are thriving at the expense of American consumers, siphoning billions in tax revenue from state governments, and undercutting the efforts of the legal market,” said AGA President and CEO Bill Miller. “It’s time for a national crackdown on the pervasive illegal market that is draining state coffers and putting people at risk.”
The AGA estimates that Americans wager $673.6 billion with illegal and unregulated gambling operators a year, with unregulated online slots and table games accounting for the lion’s share of the unlawful bets at $466.2 billion.
