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The AGA declined to comment Thursday, and directed iGB to the June letter.
The failure to secure passage of the bill is a stinging defeat for both crypto-connected prediction operators and the CFTC, which has fully embraced the advance of digital assets under Chairman Michael Selig. Interest groups and political action committees had spent countless hours and millions of dollars lobbying for the legislation.
In statements, op-eds and media interviews since his appointment, Selig had pounded the table for a federal crypto framework. As the IGA’s Bean alluded to, the Clarity Act would have given the agency a number of new duties and authorities related to the new assets at a time when the commission’s existing workload has been cause for concern. There are typically five sitting CFTC commissioners at any given time, but Selig is currently the lone sitting commissioner with no other nominations submitted.
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The decision is not yet legally binding, with a further opportunity to appeal the denial of ‘leave to appeal’ open to the applicants. This will be reviewed by the Federal Administrative Court of Leipzig.
In his original complaint, Braun also cited a study that found that nearly half of respondents were thinking of using illegal gambling services due to legal restrictions.
In recent weeks, German authorities conducted a crackdown on an alleged illegal online gambling operation suspected of facilitating wagers totalling approximately €5.86 billion over a 30-month period.
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It coincided with the beginning of the NFL season in the US, viewed as a peak commercial period for sports data monetisation. Genius also maintains partnerships with DraftKings and FanDuel, both of which signed extensions to remain as NFL partners ahead of this season.
Citizens gaming analyst Jordan Bender wrote in a 16 Sept. note that with the NFL season now under way: “Genius should benefit from increased spending across both traditional sports betting and the emerging prediction market industry.”
Added Bender: Genius’ recent deals with Kalshi and Polymarket “have provided an incremental positive catalyst for [Legend founder] Mr Kisberg and team”.
