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Comment for Proposed Rule 75 FR 3281

  • From: Lance Blumenthal
    Organization(s):

    Comment No: 3379
    Date: 1/23/2010

    Comment Text:

    i0-001
    COMMENT
    CL-03379
    From:
    Sent:
    To:
    Subject:
    Lance Blumenthal
    Saturday, January 23, 2010 7:19 PM
    secretary
    10:1 (Ten to One - Leverage)
    To whom it may concern.
    While both CFTC and NSA are regulatory boards that are intended to diminish the possibility of
    Fraudulent Brokers taking our individual money, the guidelines imposed upon the USA brokers in no
    way diminish the legality of the brokers and their actions.
    Even if and when these guidelines become ratified as law, they still do not aid the individual trader.
    For me to do intraday trading on GbPUsd, while simultaneously have a long term trade in action, the
    guidlines no longer allow hedge trading, which was established in 1800.
    I need to have 2 separate accounts (assuming I wish to trade via US Brokers) to do this, meaning I need
    double the amount of capital I needed before the 'No Hedging' guideline was established, since I can not
    trade a long and short on the same currency pair at the same time in one account.
    This increases my risk ratio and also if were to use a separate broker for the second account, also
    increases the risk of ending up with a fraudulent broker.
    With regards to the limit on leverage, that now means for me to place the same trades I currently place, I
    need ten times more capital in each account to accomplish the same profit (or loss) so the risk ratio is
    actually increased.
    While the banking institutions have no such limits regarding hedging or leverage.
    If the broker uses hedging to counter losses of their clients, then that is a different concern that is wise to
    regulate against, but to the individual trader, hedging is a tool and not a crime.
    The very fact that your State Laws allow brokers to commit fraud on a daily basis with no legistlation in
    place to secure a free and fair lawful service is no reason to limit the individual trader.
    As traders, we are fully aware of the risks involved in Forex Trading, and we are not children in need of
    baby sitters to look after our business afairs.
    It would be far more beneficial, both for the individual trader and also the US Economy for a clear look
    at how to alter the law regarding fraudulent brokers instead of punishing the trader for misdeeds they do
    not commit.
    So if you constitute it as wise to get both Americans and any traders from other countries, to take their
    business to other countries that do not treat them as delinquents, then so be it. The US economy will fall
    into a deeper recession at the hands of the well intented guidlines.
    A knife stabbed in a leg can not be healed by pain killers. The knife needs to be removed. So until the
    American Laws regarding fraud address the issue, all you intented guidelines are simply isolating USA
    into the last choice of taking ones business.i0-001
    COMMENT
    CL-03379
    I officially object to the 10:1 (Ten To One) leverage proposal.
    I officially object to restriction on Hedging.
    Thank you for your attention,
    Lance Blumenthal.