Subject: File No. S7-08-09
From: John V Russo

May 4, 2009

Re:Up-Tick rule...
It is imperative that this rule must be re-instituted immediately. Since the elimination in 2007 the short sellers utilized this to corrupt the stock market and falsey undermined good companies destroying values.

This created havoc and was instrumental in destroying many investors retirement accounts values for all for greed and corruption.One primary example was Lehman Bros. With the false rumors that were spread along the the uncovered shorts this company was beaten down and forced into bankruptcy.

I sincerely hope you will consider these facts before making your decision. The corrupt investors must be held in check and one of the ways is the up-tick rule.

Sincerely yours
John Russo