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Comment for Proposed Rule 75 FR 3281

  • From: Rebecca Theriot
    Organization(s):

    Comment No: 1270
    Date: 1/20/2010

    Comment Text:

    i0-001
    COMMENT
    CL-01270
    From:
    Sent:
    To:
    Subject:
    RLVT
    Wednesday, January 20, 2010 10:07 PM
    secretary
    Regulation of Retail Forex
    RIN 3038-AC61
    I understand that the intentions of the CFTC is to protect investors. But the fact is that some people will make
    foolish financial decisions regardless of how many level headed regulations are in place. There are many areas
    regarding the Forex market where careful regulation is welcome, particularly in regard to unscrupulous Forex
    related scams. A requirement to provide more proof of profit claims, or some oversight agency to provide a
    seal of approval for those signal memberships, for instance, would go far in saving uneducated investors from
    being taken advantage of.
    However, the most recent regulations have unfortunately encroached on the rights of experienced investors to
    choose the level of risk at which they would like to participate in the market. First, there was the restriction on
    simultaneous opposing positions. That was a legitimate trading strategy in the hands of a great number of
    people. If even more people were not using it properly, well, the fact of the matter is that the majority of day
    traders in the stock market and in Forex lose money because they are not properly educated about what they're
    doing. My point is that those people will very likely be parted from their money regardless of any restrictions
    by the CFTC. They simply do not know what they're doing.
    Even more recently was the restriction on leverage above 100:1. I did not believe then, nor do I believe now,
    that this was a necessary move. It does not take long for anyone to find simple, reliable advice for trading on
    the Forex market. From babypips.com to all manner of books and articles, it is made plain that the higher the
    leverage, the greater the risk. So there is no excuse for anyone who is a beginner, or who has taken even the
    most cursory glance at the basics of currency trading, to be uninformed about this risk. There is no reason to
    make everyone employ more conservative trading strategies just because there are many foolish people trading
    the markets.
    One of the very best thing about the retail Forex market is the number of brokerages that allow unlimited demo
    trading accounts. Absolutely anyone may practice currency trading strategies indefinitely at absolutely no risk,
    or cost, whatsoever for as long as they feel necessary. If, after doing so, investors choose to open live accounts
    using the strategies they have practiced, then they should have a perfectly free choice in the method and
    leverage in which to trade.
    I would suggest that, if the CFTC was going to regulate anything regarding brokerages, it would be the
    minimum levels needed to open accounts. At a minimum, it should probably be something like $500 for micro
    accounts, $5,000 for mini accounts and $50,000 for standard accounts. Right now, if I'm not mistaken, it's
    about half that much. There's a risk that's easily regulated.
    That, and the regulation of those fraudulent memberships, would do so much more for novice investors than
    the recent regulations implemented and under consideration. I hope the CFTC will soon reconsider those and
    restore the freedom of choice experienced investors deserve to have. I strongly request that we once more be
    able to employ simultaneous opposing positions and leverage up to 400:1. But, by no means, should the choice
    of leverage ever be limited to anything less than at the very least 200:1.
    Thank you for your consideration of these suggestions and requests.
    Sincerely,
    Rebecca Theriot