Subject: File No. S7-08-09
From: James R Lemsky
Affiliation: Manager of personal Investmants - Retired

May 4, 2009

Attention:

ALL market bubbles and collapses have one thing in common leverage.

Wall street "gamers"love to have tools, and knowledge that regular retail investors do not have. It is not a level playing field and regular investors know this.
- Having lived in New York twice, I can tell you ALL analysts and Hedgies and other fund managers have friends in the business and get inside information on a regular basis.
- They are not happy just using this knowledge but want "leverage" and other tools to "game" the system.
- Short selling, and of course naked short selling are favorite tools.

Thoughts:
- Steve Cohen's hedge fund has for sure put his BILLIONS and influence to try to influence this. Maybe Chris Dodd likes the money this brings to his state, but don't you think the favorable tax rate they enjoy is enough???
Ask yourself this - what did Mr. Cohen ever produce that anyone needed? Is he really worth a billion a year? Does he really need advantages?
- ANYONE who has invested knows this the average investor rarely short sells. For a lot of reasons. Such as unlimited losses, confusion about paying the divedend on borrowed stocks, interest charged, and the stock being called. FACT - shorting is for market minipulators and insiders.
- What is the compelling reason against bringing back the uptic?? I have heard "liquidity". Most working Americans are buy and hold investors, in companies they feel are growing and contributing to the American economy. They have to WORK and cannot sit in front of a computer screen all day.

The big fund managers love volitility, BIG market swings, and leverage so they can "game" the system.

They have enough advantages - bring back the uptic - there is NO compelling reason not to.

Again what did Steve Cohan and others like him ever do that has helped America???