Subject: File No. S7-08-09
From: RICHARD A STARK, SR
Affiliation: SELF DIRECTED MARKET INVESTOR

May 5, 2009

I BELIVE THE UP TICK RULE SCHOULD BE REINSTATED. AND ANY ONE THAT IS A INVESTOR IN THE MARKET,NOT A TRADER, WILL AGREE. HOW CAN THE S.E.C.EVEN QUESTION THIS RULE.WITH OUT INVESTORS IN THE MARKET YOU WOULD NOT HAVE A MARKET.AND IF THIS RULE IS NOT REINSTATED SO THAT THE AVERAGE AMERICAN CAN INVEST IN THE MARKET WITH OUT LOSING 50% OF THERE MONY TO NAKED SHORT SELLERS.AND XXX ETF PRODUCTS THAT HAVE BEATEN DOWN THERE STOCKS IN THE LAST 18 MONTHS WHEN THIS RULE WAS ABORTED.I KNOW ALL THE INVESTORS THAT ARE OUT OF THE MARKET NOW WILL FIND SOME WHERE ELSE TO PUT THERE MONY.AND LEAVE THE MARKET TO THE NAKED SHORT SELLERS. THE XXX ETF PRODUCTS. AND THE SHORT SELLERS.THE INSIDE TRADERS.HEDGE FUNDS. AND THE CDS PRODUCTS.ALL DESIGNED TO BEAT DOWN THE MARKET AND TAKE THERE HARD EARNED MONY. RIGHT UNDER THE NOSE OF THE S.E.C THE GOVERMENT ENTITY THAT WAS SUPPOSED TO ENFORSE THE RULES. NOT LOOK THE OTHER WAY. AND TAKE AWAY THE RULES THAT WERE MADE TO PROTECT INVESTORES AND SOME GREAT AMERICAN COMPANIES FROM THE SO CALLED PRO'S.I CALL THEM MARKET MANIPULATOR'S AND LAW BREAKERS.AND LET'S NOT FORGET GREEDY.