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Comment for Proposed Rule 75 FR 3281

  • From: Scott Penley
    Organization(s):

    Comment No: 3896
    Date: 1/25/2010

    Comment Text:

    i0-001
    COMMENT
    CL-03896
    From:
    Sent:
    To:
    Subject:
    Altis, Inc.
    Monday, January 25, 2010 7:51 PM
    secretary
    Regulation of Retail Forex
    Dear Mr. Secretary,
    I would like to comment on the proposal to limit leverage on retail forex accounts to ten to one (10:1).
    Why is it necessary to continually apply restrictions to retail traders? I moved to Forex when the SEC
    decided to restrict day trading by imposing a $25,000 minimum account balance. Without $25k, the
    brokerage wouldn't allow day trading and further wouldn't allow the account to be margined. With that
    move, short sales became off limits as well.
    Enough is enough, let the retail investor with the smallest account have the same privileges as a
    commercial trader. If the CFTC wants to impose 10:1 on retail accounts, then apply 10:1 to the
    commercial accounts. I can assure you that my trading at 200:1 last year and 100:1 this year did not
    contribute to the financial meltdown on Wall Street. It would seem to me that the appropriate place for
    leverage curbs to be imposed is on the commercial traders. They are big enough to move the markets,
    retail traders do not enjoy the same advantage.
    I am really sick and tired of having government determine what level of risk is appropriate for me. If
    you were truly concerned for the retail trader, you would institute rules mandating segregated accounts
    to avoid a repeat of the REFCO disaster.
    The CFTC and SEC should focus on getting a grip on the derivatives and swaps markets before
    worrying about off exchange retail trade. But that will never happen because the commercials have the
    lobbying power to keep the rules from affecting them. I wish that the same could be said for me and my
    retail account brethren.
    By the way, make no mistake about it, by crushing the trading margins, all that the commission is doing
    is forcing the brokers to moves their operations offshore. As an example, hedging was taken away and
    one of the largest forex brokers began offering hedged accounts in the UK before the rule was even
    implemented. So, it is ludicrous to think that the business won't move offshore to preserve leverage at
    100:1. I will move my account offshore if this rule is allowed to pass and take my chances with the
    business conduct of the firm that takes me as a customer.
    I'd like to say thanks for looking out for me, but in reality, all that I can say is don't do me any more
    favors.
    Scott Penley
    Stonington, CT