Subject: File No. S7-08-09
From: Samuel D Smith
Affiliation: Retired

May 5, 2009

Please restore confidence in the market for the average investor and stop naked short selling which is still taking place.

Please reinstate the UP-TICK RULE it was good for 70 years why all of a sudden is it not valid. It seems that the SEC has lost all confidence in the market with this change and the Bernie Madoff situation that it's time for the SEC to make a change in the right direction.

The SEC has to better under this administration then the last and be more active to restore confidence it the market for everyone.