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Brazil President Luiz Inácio Lula da Silva stated that, if it were up to him, online betting companies would be shut down.
During a livestream on Sunday, he said he had met with “eight victims of online betting”. To reinforce his criticism of the sector and in an attempt to win over conservative voters, he pointed out that one gambler had made 1,400 instant fund transfers (Pix) to a betting site. Lula criticised the Central Bank for failing to detect such a high volume of transactions to a single company.
However, that responsibility does not lie with the Central Bank. It is the role of the Secretariat of Prizes and Bets to monitor and regulate the sector. Betting companies submit detailed daily reports on bettors’ financial transactions with the sites. A specific module within Brazil’s betting management system detects recurring transfers.
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The proposal does not explicitly prohibit the display of betting brands on team jerseys, but some city councillors want to include this in the bill.
Clubs fear the measure will jeopardise revenue from betting company sponsorships. Corinthians (Esportes da Sorte), Palmeiras (Sportingbet), and São Paulo (Superbet) alone hold contracts worth BRL350 million annually with betting firms.
One concern is the measure might force clubs to host matches outside the city to maintain their advertising agreements.
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The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.
“We’re calling on the Supreme Court to resolve this issue and recognise that Congress did not silently make the sports-betting industry immune from state law,” Davenport said in a statement.