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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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In May, the NFL sent a letter to the US Commodity Futures Trading Commission with a list of certain event contracts it deemed objectionable. By July, the league doubled down with public comments to the CFTC after the agency issued draft regulations for the contracts. The NFL cited props on player injuries, penalty totals and missed field goals as those that fit the bill. Goodell, however, conceded that the NFL has held discussions regarding prediction markets as public policy evolves.

Two other leagues, Major League Baseball and the National Hockey League, have each signed a Memorandum of Understanding with the CFTC that allows participating teams to partner with the operators.

“We don’t think we have to be first in this, we feel like we’re going to be right,” Goodell said. “The best thing to do is be patient and make sure you keep the integrity of the game number one.”

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The DSWV, representing licensed sports-betting operators, broadly welcomed the law enforcement action as a necessary response to the illegal market’s growth and associated risks. 

“This successful investigation clearly demonstrates the scale that the illegal gambling market has now reached,” said Mathias Dahms, president of the DSWV.

Dahms highlighted the significant dangers unlicensed operators pose to player protection and the overall integrity of the licensed market. He cited the absence of controls such as deposit limits, identity verification and player suspension tools.