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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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Evans also served as a non-executive director of the Serious Fraud Office. She led the steering group responsible for a voluntary industry code that reimburses victims of authorised push payment (APP) scams, introduced in 2018.
Ahead of his departure Counsell said the Commission was developing a new strategy and ramping up its work to tackle illegal gambling, with Evans set to play a “pivotal” role as it also finalises measures from the Gambling Act review’s subsequent white paper.
Evans said she was commitment to enhancing “online safety” through “proportionate regulation with partnership and shared responsibility” involving regulators, industry participants and technology firms.
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In an interview with the Financial Times over the weekend, Done cautioned that additional tax hikes could result in widespread betting shop closures, harm related sectors such as horse racing and accelerate the decline of the high street.
Betfred currently operates approximately 1,094 retail shops across the UK. Done highlighted the concrete risks of Machine Gaming Duty – taxes on gambling machines – doubling from 20% to 40%, a move reportedly under consideration by Chancellor John Healey ahead of the Autumn Budget.
Betfred’s retail business still heavily depends on fixed-odds betting terminals (FOBTs) and in-shop gambling. Despite the maximum stake limit being cut to £2 in 2019, FOBTs account for roughly half of Betfred’s shop profits. Done emphasised that without these machines, retail betting wass “impossible”.