Subject: File No. S7-08-09
From: Jean Diefenbacher
Affiliation: retired

May 4, 2009

Without the uptick rule, retail investors have been punished for being in the market and have been to a disadvantage to the short sellers who do nothing to grow capital or prosperity in America.Even Fed Chairman Ben has commented on this. If the uptick rule had been in place, companies such a Lehman Brothers and even some banks may still exist. Naked short-selling and ETF's that double on the downside are a travesty. Ms Mary Sharpio, please stand tall against those who oppose the reinstatment of the "uptick" rule. Eliminate ETF's that do nothing but rob the unwary and regulate against naked short-selling. Why should short-sellers who do nothing to grow the economy and could care less about Amrica as evidenced by their actions be rewarded while hard-working common folks who invest in stocks for their IRA's are finacially destroyed? Please help the retail investor by being brave enough to stand up and do the right thing for America. Doing less makes no sense. You're are our only hope.