Subject: S7-08-22: WebForm Comments from Elliott V. Michelbacher
From: Elliott V. Michelbacher
Affiliation:

Dec. 22, 2022

December 22, 2022

 Dear Ms Countryman,

This Comment is regarding rulemaking proposal S7-08-22
Short Position and Short Activity Reporting by Institutional Investment Managers etc.

I am certain that in light of recent short-selling activities in certain highly shorted stocks by certain hedge funds, closing out of short positions as reported on January 27, 2021 by MarketWatch (Article title 'Hedge fund Melvin Capital closes out GameStop short: CNBC') will not only require internal investigations by the Securities and Exchange Commission (SEC) into compliance with Reg SHO and FTDs, but most certainly will also lead to investigations by the Department of Justice (DOJ) into numerous short-selling incidents by certain market participants.

In order to prevent future fraudulent closing-out activities by certain hedge funds and certain investment advisers, a major overhaul of existing measures is urgently required.

Public disclosure of how shorts have been closed out is required on a timely basis for all market participants in order to prevent fraudulent closing-out activities by referring to tokenized stock on unregulated crypto asset exchanges somewhere on the Bahamas.

We are here, we are educated, and we are not leaving.

Sincerely,
Elliott V. Michelbacher