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More than a year after then-Houston Astros pitcher Lance McCullers faced menacing threats from an exasperated bettor, questions remain about whether the proposed bans will serve as a meaningful deterrent to agitated sportsbook customers. An investigation later determined that the bettor resided overseas.

Since the Supreme Court’s PASPA decision in 2018, there has been an uptick on harassment against athletes from bettors. The collection of incidents, in the view of the industry, is typically construed as both troubling and prevalent. Against a backdrop of alarming threats in numerous sports, perhaps the most disconcerting occurred at the hands of Benjamin “Parlay” Patz, a California bettor.

Approximately 15 months after the high court’s ruling, Patz sent a series of explicit messages to four members of MLB’s Tampa Bay Rays, threatening to “sever” their necks open. Accused by federal investigators of targeting more than 300 accounts of pro and college athletes, Patz pleaded guilty in 2021 to transmitting threats in interstate or foreign commerce. Although a judge ordered Patz to undergo mental health treatment and abstain from gambling, he did not sentence the bettor to prison.

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As with PASPA, this matter revolves heavily around federalism versus states’ rights. Traditional sports betting is governed by individual state regulators with varying laws and regulations. Federal derivatives are regulated by the CFTC, which has fully embraced prediction markets under US President Donald Trump after rejecting them in previous administrations.

The web of lawsuits and court rulings involving prediction markets has greatly complicated the issue of jurisdiction. Kalshi has been forced to limit trading in multiple states, most notably Nevada, and the CFTC has gone to unprecedented lengths to protect its licencees. This includes suing nine states directly and issuing emergency orders to reject state mandates.

CFTC Chairman Michael Selig is currently the lone sitting commissioner for an agency that traditionally features a bipartisan group of five. Selig has repeatedly defended both the legitimacy of prediction markets as financial assets and the role of the CFTC in overseeing them. The CFTC under his direction has embarked on a series of rule proposals regarding prediction markets, although detractors argue that the proposed changes still allow for sports contracts and in some ways could be seen as a tightening of the belt to make a Supreme Court review look more favourable.