Subject: File No. S7-08-09
From: Timothy M Bergen
Affiliation: Senior Accountant, Citi Hedge Fund Services, NA

May 8, 2009

When companies, espeically financial companies, rely on their stock price to borrow money these stock prices cannot be allowed to be artifically destroyed. Shorting is a vital part of the way the market works, but it has to be done in a fair manner. Since there is ABSOULTELY no argument in favor of the current rule, with the exception of the status quo, please re-instate the uptick rule.