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Comment for Proposed Rule 75 FR 3281

  • From: Charla Fischbach
    Organization(s):

    Comment No: 4172
    Date: 1/26/2010

    Comment Text:

    i0-001
    COMMENT
    CL-04172
    From:
    Sent:
    To:
    Subject:
    Attach:
    Charla Fischbach
    Tuesday, January 26, 2010 9:47 PM
    secretary
    CFTC Letter -- REGULATION OF RETAIL FOREX
    CFTC Letter.docx
    Please see my attached letter.To:
    Secretary
    Date Sent:
    From: Charla Fischbach
    Subject:
    January 26, 2010
    Regulation of Retail Forex
    To Whom It May Concern:
    It has taken me time, money, & effort to learn to trade the Forex market. Just when I have become a
    knowledgeable Forex trader, I find the CFTC proposing a draconian regulation on my ability to
    supplement my retirement income. I strongly object to the proposed change in leverage to 10:1 for the
    Forex market. This change is intrusive & damaging to my trading efforts.
    10:1 leverage is actually more detrimental to the small retail trader than 100:1 or even 200:1 when
    smart money management strategies are employed. The 10:1 leverage will force me, as well as other
    small retail Forex traders, to have to put more money at risk with a broker to make our trades. That will
    mean larger losses for the small retail Forex traders -- consequently larger potential gains for the large
    brokers.
    Are these proposed regulations for the benefit of the small retail Forex trader or the larger institutions?
    From my perspective, the regulation needs to be in the area of all those producing the hype in the
    infomercials on television as well as over the internet. Many prospective traders buy into the hype
    without being willing to do the hard work that is required to become a successful Forex trader. But,
    then, it's easier for an organization like CFTC to introduce a new regulation that others must enforce
    rather than going after the scam artists that make a fortune from those not willing to do their own due
    diligence. Leverage is not the problem. Unregulated scam artists are the problem!
    Have you considered how detrimental this new regulation will be to US based brokers & the US
    economy?
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    First of all, US brokers will lose many of their customers as well as a source of income that is
    generated by the spreads paid on all trades placed.
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    Secondly, this will mean fewer employees will be needed to service their customer base, so this
    will add to an unemployment rate that really is much higher than 10%.
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    Thirdly, many of these brokers will set up operations out of the country, which will decrease the
    tax revenues generated in the US.
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    And, finally, Great Britain will love this rule. Since we share a common language, retail
    operations will probably be moved to London.
    Have you considered what this will do to the very traders you are trying to "protect"?
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    Many of them will not be able to fund a large enough account to make a living trading with such
    small leverage as 10:1.¯
    They will then be in a situation where they will choose to take their business abroad or open an
    account with an less regulated or unregulated broker.
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    The small retail trader will then be at greater risk of unscrupulous scam artists making off with
    their money.
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    In addition, you are limiting the freedom of US citizens to pursue a career that could make them
    big contributors to the coffers of the US Treasury.
    The US government should be doing everything in its power to encourage economic growth &
    innovation rather than restricting growth. The 10:1 leverage restriction is a perfect example of an idea
    that will restrict growth. It won't restrict the "Yankee can do" attitude. Innovative ways will be found
    around your regulation -- should you impose such an unreasonable regulation!
    I strongly oppose the 10:1 leverage idea. With all due respect, this 10:1 leverage proposal needs to be
    deleted from this legislation. The 100:1 & 200:1 leverage should be allowed to remain for US based
    retail Forex traders & their US based (regulated) brokers.
    Thank you for taking the time to read my rather lengthy comments.
    Respectfully yours,
    Charla Fischbach
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    P.O.
    Box 648
    ¯
    Shelbyville, IL 62565
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    217-774-5800