April 16, 2009
Florence Harmon
Deputy Secretary, Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549
Florence Harmon:
In reviewing the information before the SEC regarding the revision of Forms U4 and U5, I believe caution may be in order. I have been a licensed insurance agent since 1983 and a licensed Rep/Financial Advisor since 1999. My goal and objective is to meet the needs of my clients.
However, in today's society, we live in a very litigious period. Anyone is allowed to file suit, irrespective of its validity. The litigant may be the client, a relative or a friend. The suit may be encouraged by an attorney without applying due diligence as to whether there is any merit. Due to our democratic process, this type of action does occur.
My understanding as to the changes under consideration, if someone is mentioned in a suit, even if it is frivolous, their livelihood could be impaired. I am extremely supportive of the need to "weed out" representatives whose sole purpose is to prey on those unaware. However, I strongly oppose the litigation currently being considered. There appear to be too many loopholes that would probably allow guilty to go untouched while the innocent are penalized.
I therefore request that you do not jump to quickly and implement a proposal that would not accomplish the needed goals. Again, just because a statement is made does not necessarily make it true. Think before you act. I appreciate your considering my comments.
Sincerely,
JP Hildebrand