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CFTC proposes a divide between prediction contracts and sportsbook wagers

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The Commodity Futures Trading Commission announced two actions on Oct. 9 seeking to clarify the federal regulatory boundary between prediction-market contracts and traditional gambling.

Key facts

Summary

01 The CFTC proposed expressly including sports, political, cultural and weather event contracts in the swap definition. 02 The announced casino-wager exclusion takes effect upon Federal Register publication, which also triggers its comment window. 03 A September Sixth Circuit ruling illustrates why swap classification alone may not settle operators’ disputes with state gambling authorities. The event-contract proposal covers sports, politics, cultural events and weather-related outcomes.

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