Subject: File No. 4-581
From: KIMBERLY A RIVAS
Affiliation: NONE

May 5, 2009

IS THERE ANY POTENTIAL? THAT THE SCC IS LOOKING THE OTHER WAY AS REGARDS TO THE UPTICK RULE TO PROTECT THE HEDGEFUND OPERATERS SO THEY CAN REWRITE THEIR SOFTWARE. INTURN CONTINUING TO WIPE-OUT EVERY INVESTORS 401K OR PENSION THIS IS BLATANT MANIPULATION THROUGH ELECTRONIC TRADING.

JUST THIS MORNING (5/5/2009) I PLACED (1)SINGLE TRADE FOR FORD @ $7.00, AT THE TIME THE ASK WAS @ $5.86. MY TRADE WAS REJECTED. IS THERE ANY REGULATION "IN WRITING" THAT STATES THAT I CANNOT PLACE AN ORDER FOR HIGHER THAN THE ASK.
I CAN ANSWER THIS MYSELF TO A POINT. I KNOW THE REASON FOR THE REJECTION WAS THAT IT WOULD THROW THEIR SOFTWARE OFF. WHERE IS THE FAIRNESS IN THIS MARKET? WHERE IS THE REGULATION?

I HAVE BEEN CONSULTING WITH AN ATTORNY ON THIS AND WOULD LIKE A RESPONCE.

RESPECTFULLY
KIMBERLY RIVAS