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The CFTC’s move gives the agency a chance to pursue parts of a crypto market framework under its existing authority, rather than waiting for Congress to resolve the broader legislative debate. 

CFTC Chairman Michael Selig signaled that possibility back in August. The agency was considering how its existing powers could be used to create a dedicated market structure for digital assets that are standard, he said. 

A new type of Designated Contract Market (DCM) dedicated to crypto trading is among the elements being looked at. Selig’s approach would enable existing and perhaps new crypto exchanges to gain CFTC recognition and offer leveraged or margined digital asset products under rules tailored for the sector.

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At Tuesday’s hearing, AGA Vice President Tres York testified before the committee alongside Robert DeNault, head of enforcement and legal counsel at Kalshi. The AGA, one of the nation’s most strident critics of prediction markets, argued that an event contract on the Cowboys to beat the Giants does not differ fundamentally from the same wager placed at a sportsbook.

As with California, sports wagering is illegal in Texas. Greg Abbott, a three-term governor, is up for re-election in November, along with Dan Patrick, his lieutenant governor. Patrick, who vehemently opposes sports betting, also serves as president of the Texas Senate in his current role. Several attempts to legalise sports wagering since the 2018 PASPA decision have been foiled under Patrick’s leadership.

Texas Attorney General Ken Paxton is in the middle of a heated US Senate campaign against Democratic challenger James Talarico. Paxton will be succeeded as Texas AG by state Senator Mayes Middleton, a Republican from Galveston, or his Democratic opponent Nathan Johnson, a state senator from Dallas.

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“Premier League clubs that have struck new deals with unlicensed gambling operators knew the risks,” she said. “The government made clear in February that it would bring in a ban and it should do so immediately: even if that means clubs ordering new kit mid-season.

“Inconvenience is not an excuse for inaction.”

According to Entain, the consultation included data that demonstrated 22% of consumers who use unlicensed operators first interacted with them through social media, with 13% via sponsorship.