Subject: File No. S7-08-09
From: Craig Smith
Affiliation: Financial Advisor

May 4, 2009

It is important to eliminate naked shorting. Naked shorting was supposed to be enforced in the first place,but the SEC got lazy.I can't believe the SEC allowed hedge funds to short more stock than was available This is a perfect way to throw a capital market out of imbalance. I don't agree with the uptick rule either because it decreases liquidity. As someone who works with the public this is very important for the small investor. Please help the small investor by enforcing naked shorting thus keeping the market more stable and please help the small investor by not constricting liquidity through the old uptick rule. If anything, the small investor could tolerate a modified uptick rule that kicks in after a security declines ten(10)%.