Subject: File No. 4-606
From: Alan J Stearley
Affiliation: The Gaudreau Group, Inc.

August 24, 2010

The fiduciary duty as defined by the Dodd-Frank Act would require that all broker-dealers be held to a legal and vaguely defined standard "to act in the best interest of the customer without regard to the financial or other interest of the broker, dealer, or investment adviser providing the advice." The Act does not define what the rules are for compliance with a legal "best interest" standard - thus subjecting registered representatives to the potential of never ending lawsuits. For example, is "best" the cheapest recommended product? The "best" premium relative to the benefit of the product? The product with the "best" historic underwriting and service standards? Is it the one from the carrier with the "best" rating? The fiduciary standard in essence adds a vague legal liability standard that looks back (sometimes after many years) and is enforced after the fact by the SEC or trial lawyers who have perfect vision in hindsight.
The suitability standard governing broker-dealers and registered representatives is already a robust and heavily enforced standard. Compliance costs-both in terms of finances and time-are high, and those costs are eventually felt by clients. Adding another layer of regulation means another layer of compliance, and even more cost to clients.
This will serve to drive up the cost of doing business with all of the public, rich and not-so-rich. Costs have a way of being passed on to the public. Do you think that the public will really benefit from this increased regulation? I do NOT. I oppose this regulation.