Subject: File No. S7-08-09
From: Frank B Fezza, Ph. D.
Affiliation: Adjunct Professor of Mathematics

May 4, 2009

The uptick rule must be immediately reinstated if the small investor is ever to come back, and more importantly, believe in the integrity of the markets. Naked short selling has driven down the price of the stock of otherwise great companies catastrophically. It is no longer investing based on reasoned, intelligent analysis, but merely a game of poker, where the winners are the short sellers with the deepest pockets. Where does that leave us small investors?