Subject: File No. S7-08-09
From: Elliot H Bernstein
Affiliation: Investor

June 5, 2009

Please level the playing field for the small investor. Reinstate the UPTICK Rule. Legitimate short selling is fine, however, naked shorts and "bear raids" cause a dramatic loss of market confidence and hurt the market overall. Take action and reinstate the Uptick and enforce the rule on naked short selling.