November 3, 2005
Re: SEC File No. 4-500. Request for Rulemaking Regarding Member Records of "Short" Positions and Reporting and Public Dissemination of Aggregate Positions by Security
Dear Mr. Katz;
Please amend to Rule 3360 of the Rules of Fair Practice of the National Association of Securities Dealers, Inc. (the “NASD”) so that NASD members are required to maintain a record of total “short” positions in all customer and proprietary firm accounts in all publicly traded equity securities and report this information to the NASD for public dissemination of the aggregate positions by security. I have been dupped several times into buying into a fantastic company only to see their stock pounded by naked short sellers. This is unfair to the creators and producers who are attempting to establish themselves in legitimate business activities, and it is unfair to investors who are trying to help them with the expectation of enjoying the fruits of their efforts. Thieves are running rampant amoung pink sheet issues committing fraud by selling something they do not own and causing the stock price to drop so they can then exit their illigetimate position with a profit stolen from the positions of honest investors.
The commission's action is urgently needed to prevent such fraudulent and manipulative acts and promote just and equitable principles of trade to protect investors and the public interest.