Subject: File No. S7-08-09
From: Joseph Fleres

May 5, 2009


I believe that the up tick rule be reinstated. I have lost a lot of money in my 401K plan, and I know that it is not only because of the economy but because the up tick rule was abolished, as well as naked shorting. One of my stocks was Lehman Bros., which I believed was killed because of not having the up tick rule in place, and naked shoting.

The pros can destroy a small investor like myself who can not compete.

I urge you to PLEASE reinstate the UP TICK rule, and abolish NAKED SHORTING.

Thank you
Joseph Fleres