Subject: File No. 4-606
From: Michael Hill, Esq., CFP
Affiliation: Managing Partner of Securities Law Firm of Menzer Hill, P.A.

August 30, 2010

The Securities Law Firm of Menzer Hill, P.A. supports the Study Regarding Obligations of Brokers, Dealers, and Investment Advisers pursuant to the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. As an attorney, and former chief compliance officer for about 10 years, it is time that the Commission simplifies and codifies the roles of brokers and investment advisers.

Public investors are confused between the two roles and cannot discern whether a financial advisor is operating as a broker or as an investment adviser when dispensing advice. Many times industry persons are dually-registered and even retain customers having both a brokerage account and an investment advisory account. The Commission should enact standards of conduct for the dually-registered person so that the investor is treated fairly and consistently.

The Commission should enact fiduciary duty standards when a broker solicits or recommends the purchase or sale of a security. It should not be whether the broker is handling an investment advisory account (i.e., fee-based account) or commission-based account but whether the investor is entrusting him or herself to the professional advice, guidance, and disclosure by the broker.
Investors should also be afforded the ability to seek private recourse should the broker/investment adviser breach his or her fiduciary duty and not be left solely to the investigatory efforts of regulators.

The Securities Law Firm of Menzer Hill, P.A. primarily represents investors and practices in the areas of securities arbitration and litigation annuities and insurance arbitration and litigation investment adviser arbitration and litigation hedge fund and alternative investment arbitration and broker representation.

Menzer Hill, P.A.
7777 Glades Road
Suite 100
Boca Raton, FL 33434