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Comment for Proposed Rule 75 FR 3281

  • From: Winston E Henley
    Organization(s):

    Comment No: 1554
    Date: 1/21/2010

    Comment Text:

    i0-001
    COMMENT
    CL-01554
    From:
    Sent:
    To:
    Subject:
    SFBreton
    Thursday, January 21, 2010 5:08 AM
    secretary

    Regulation of Retail Forex RIN 3038-AC61
    To Whom It May Concern:
    In regards to your proposal to further limit the amount of leverage on trading accounts used for foreign exchange trading
    provided by U.S. brokers and brokerage firms, I wish to register the following statements:
    I may be very clear in my statements, but I consider myself reasonably educated and careful in the decisions I make and in
    what I undertake and have no problem taking responsibility for my actions and their consequences, good or bad. Personally
    it feels like the CFTC is restricting my freedom and ability to pursue a way to make a living and provide for my family by
    their proposed regulations limiting leverage to traders in the foreign exchange market. My guess is that by making it harder
    to succeed at trading in the foreign exchange market you will cause those traders who are knowledgable and willing to share
    their knowledge with others away from trading in the U.S. and end up creating an environment that makes it harder for new
    and inexperienced traders to get the training and education necessary to avoid the problems you seem to be trying to prevent.
    I doubt you've had adequate time to collect enough information and study it to have any idea of whether all the regulations
    you enacted in 2009 had any impact on the problems you seem to be addressing and that introducing further more restrictive
    regulations without knowing the result of what you have already done is only going to lead to more problems trading on the
    foreign exchange in the U.S., not fewer problems. Even worse, other countries are considering similar regulations without
    any real evidence of what the end result is simply because they are blindly following the U.S. instead of asking themselves
    why or what they should expect to happen if they do. We pride ourselves in this country on the extent of our freedom to
    choose for ourselves, to pursue those activities that we enjoy and the freedom to decide what we do to provide for ourselves
    and others. But we now have the most restrictive set of regulatoins and rules than any other nation on earth when it comes to
    trading the foreign exchange market. As far as I can tell, no one has even provided a clear and rational explanation of what
    these regulations are supposed to be doing to help matters or provide any evidence that they have actually succeeded in wat
    they have set out to do in the first place.
    Wouldn't it be much better to use our resources to make educatoin and training for new and inexperienced traders rather than
    try to prevent or discourage them from trading in the first place? People have a much healthier respect and caution for the
    stock market but I think it is only because they are much better informed about not only the risks associated with stocks, but
    have a much better idea of the complexity and skills required to succeed in that area than they do the foreign exchange. If
    people were as aware of how the foreign exchange market works and the risks that come with it I expect that the number of
    traders who are unsuccessful and quit after losing their money that they would take more time to learn about what they are
    trying to do and take less chances by trading before they are ready to do it correctly. There will always be losses, even the
    best and brightest traders lose regularly while trading and there will be those who will lose a lot to trading who never should
    have been trading in the first place. I remember thinking how easy it all looked when I first started trading and how quickly I
    learned that it was a lot harder and more complicated than it appeared. I was dismayed to learn that nearly all training is
    conducted by individuals and groups privately and that there exists almost no formal institutional educational opportunities
    for the foreign exchange market. Because most of everything that happens regarding foreign exchange trading happens
    online it is difficult to meet others unlike a classroom experience which makes it even harder to get up to speed in this field
    unless you are really motivated and willing to ask for help. There is also a great deal of misinformation floating around out
    there and a few who use it to take advantage of others which doesn't help anything either. Other than making it more difficult
    to make a living as a trader in this country, I can see no reason why you think further restricting leverage is going to help
    solve anything. I expect you don't have any real idea of whether the regulations you have already passed helped improve
    anything for traders here and would be hard pressed to show any concrete evidence or studies establishing the consequences
    of the regularions recently enacted.
    Most people are quite capable of deciding what they want to do for themselves. Even the most careful and reasonable
    persons are going to make mistakes and losses are inevitable. As in most areas of employment and career there will be a lot
    of people trying to do jobs and tasks that they are not capable of or suited for who will fail and move on to something else,
    some more dramatically than others. Even if you prohibit trading by individuals in this day and age there are simply too
    many alternatives to really prevent anyone determined to give it a try. Why not try providing an environment encouraging
    good trading skills and educating potential traders to do it the right way? I would rather keep my freedom to make the choice
    and the possibility of failure rather than have my freedom of choice taken away in an attempt to keep me safe from myself.i0-001
    COMMENT
    CL-01554
    I urge you to reconsider the proposed regulations regarding leverage and to provide the public ~vith a better explanation of
    exactly ~vhat you are trying to achieve and sho~ving us the results from earlier regulations and ho~v successful they actually
    ~vere. I hope you ~vill find more productive ~vays to help traders do a better job at it and encourage schools and educational
    institutions to get involved in educating and training people to trade smarter and better. If people ~vere better trained to deal
    ~vith money and approach it differently ~vhile in school I can't help but believe ~ve'd be in a much better financial situation in
    this country than we find ourselves now. Making it harder to learn to do things right will only make it worse than it is now
    and rushing into unproven, untested ways of doing things certainly can't be the best way to make things better.
    Besides, noting good ever comes from taking possibilities to succeed away from people. We could use a whole lot more
    people earning a good living in tis country right now, not making it harder for people to succeed, so aren't you kind of
    making things worse instead of better by pursuing the kind of thinking that makes it more diffcult? Think about it.
    Winston E. Henley, Jr.