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The American Gaming Association (AGA) believes many federally regulated prediction markets have transformed into illegal gambling and sports betting outfits, siphoning revenue from the legal, taxed gaming industry. Prediction markets, the trade group argues, threaten jobs and tax revenue, as do other forms of illegal gambling like skill games, sweepstakes casinos, and offshore sportsbooks.

Illegal gambling operators are thriving at the expense of American consumers, siphoning billions in tax revenue from state governments, and undercutting the efforts of the legal market,” said AGA President and CEO Bill Miller. “It’s time for a national crackdown on the pervasive illegal market that is draining state coffers and putting people at risk.”

The AGA estimates that Americans wager $673.6 billion with illegal and unregulated gambling operators a year, with unregulated online slots and table games accounting for the lion’s share of the unlawful bets at $466.2 billion.

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This is Midnite’s third ASA ruling this year. Last month, the operator came under scrutiny for an ad that suggested that “gambling was an escape from personal problems”. The ASA received 125 complaints on the offending ad and the company was ordered to remove the advertisement. 

Another June ruling was not upheld.

In a separate case, the ASA examined display advertising for White Hat Gaming’s Casimba and The Grand Ivy Casino brands, which had appeared on HLTV.org – a specialist Counter-Strike 2 e-sports website – in March 2026.

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The department said the guidance had been designed to “improve consistency across the sector and help prevent similar issues from occurring in future”.

In May, an investigation under the title “Operation Turbo” charged an Auckland man on eight counts under the Gambling Act.

The man was charged in connection with two illegal poker venues allegedly operating in central Auckland.