April 15, 2009
Deputy Secretary, Securities and Exchange Commission 100 F Street, NE Washington, DC 20549
I am an insurance agent and financial advisor who has spent over 15 years providing valuable services to and looking out for the interests of my clients. I have MAJOR concerns with certain aspects of FINRA's proposal to revise Forms U4 and U5. My specific concern is with that part of reporting ALLEGATIONS of sales practice violations.
I am FURIOUS..."guilty before charged" !! Are you kidding me? My reputation and livelihood could be irreparably damaged by unsubstantiated claims. While I strongly believe that people who engage in unscrupulous or misleading sales practices should be aggressively prosecuted and subject to appropriate and meaningful sanctions, the SEC should not allow someone's reputation to be irreparably damaged by unproven claims or allegations. Furthermore, a named party to a lawsuit or arbitration has an opportunity to defend or counter sue. Someone who has not been named as a party in a lawsuit or arbitration does not have this same opportunity or ability, and any allegations made against him will likely go unanswered and unchallenged. THAT IS NOT AMERICAN!!!
I INSIST you not approve any proposal that would require the reporting of allegations of sales practice violations. WHAT HAPPENED TO INNOCENT UNTIL PROVEN GULITY. ARE YOU KIDDING ME? We are a Christian Nation and we should not let people "say things" that are not true. Defamation of character ruins one in our industry.
Frustrated with the Regulations that aren't necessary!
Cynthia Jo Johns