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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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It has addressed ongoing questions faced by operators regarding when it is reasonable to close accounts, withhold or return player balances, cancel bets, or redistribute tournament prizes deemed fraudulently obtained. 

Notably, it has also provided insight into the evidentiary standards French courts expect operators to meet before taking corrective actions that could be subject to legal challenge.

The regulator identified six key categories of fraud frequently encountered in online gambling. These included identity fraud, payment fraud and abusive chargebacks. It also covered in-game cheating, money-dumping and sporting event manipulation

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Notably for highly engaging verticals light online slots, if players are receiving a smaller-than-expected RTP (return to player), or bonuses have been restricted, they could again transition to an illegal offering where there are no such restrictions.

As has been flagged in previous reports, Regulus highlighted that the top 1% of active customers accounts for almost 50% of black market revenue across Europe. This follows a similar trend across licensed gambling as the report highlights “online gambling is a consumer discretionary expenditure item. This means a large proportion of expenditure is concentrated into a relatively small number of players.”

In its market-specific breakdown, the report noted a “rapid reduction in channelling” in the UK, following the increased use of affordability checks.