September 25, 2005
I am wrinting this letter of support for SEC File No. 4-500. Request for Rulemaking Regarding Member Records of "Short" Positions and Reporting and Public Dissemination of Aggregate Positions by Security.
Without this rule change investors and securities regulators are blind to any short selling activity in Pink Sheets and OTCBB stocks. I would like for you to know that the lack of short sale information in these securities is unacceptable and I am requesting that you change NASD Rule 3360 immediately.
Small issuers traded on the Pink sheets and the OTCBB deserve the same transparency and regulatory oversight of short selling as those listed on Exchanges or NASDAQ.
Please amend NASD Rule 3360 and require NASD broker dealers to maintain a record of total "short" positions in all customer and proprietary firm accounts in all publicly traded equity securities as well as report this information to the NASD for public dissemination of the short positions by security.
The SEC's action is urgently needed to prevent fraudulent acts, expose market manipulation, and promote fair principles of trade and protect investors.
Thank you for your consideration.