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On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.
The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.
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The Commission’s intervention followed hot on the heels of the £600,000 regulatory settlement with QuinnBet, announced eight days earlier.
Its findings contained an all-too-familiar combination of ineffective systems, delayed interventions and inadequate source-of-funds controls. One customer placed approximately 4,800 bets in one day and 7,000 the next without being flagged. Another, whose payslips showed monthly earnings of about £2,000, deposited and lost £9,000 in four days.
“What is striking here is the level of activity that apparently failed to trigger effective intervention,” Williams says. “These were obvious indicators requiring further scrutiny, and it is difficult to understand why they did not result in more effective intervention.”
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Brazil Finance Minister Dario Durigan stated the country does not depend on betting revenue to balance public accounts.
He said the regulation was well established and not with the intention of raising revenue.
“Tax collection is part of the economic game and all sectors contribute,” Durigan said. “The same happens with betting.”
