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Comment for Proposed Rule 75 FR 3281

  • From: Phillip V Duong
    Organization(s):

    Comment No: 5397
    Date: 2/16/2010

    Comment Text:

    i0-001
    COMMENT
    CL-05397
    From:
    Sent:
    To:
    Subject:
    Phillip V. Duong
    Tuesday, February 16, 2010 1:21 AM
    secretary
    Regulation of Retail Forex
    CFTC,
    I've been trading the forex market for a little under 5 years. Recently, I got an email from my broker
    stating that the CFTC may be enacting new rules/regulations - some rules that may lower the leverage
    that new/existing accounts can trade with. Currently, I am used to 100:1 leverage; however, this new
    regulation (as my understanding) would lower this to 10:1.
    Though, I do appreciate the CFTC enacting regulation to protect consumers, I feel that this will cause
    more harm to the average trader than good.
    First, the leverage of 10:1 would "force" traders to open larger accounts in order to make sufficient
    income in this market. By lowering the leverage to such a small amount, an average trader would need
    an account 10 times as large. I am envisioning that new traders would start borrowing money from their
    family/relatives/friends to fund their account initially. In due time, 90% of new traders, will fail - losing
    that entire lump sum. I remember, in my early years of trading, I have "blown out" my account on
    several occasions. However, fortunately, they were small accounts.
    Leverage is not the main factor that causes traders to lose money - it is more related to poor education,
    bad risk management, and lack of discipline. By allowing 100:1 leverage, a new trader can open up a
    $100-200 account and "test the waters." As a suggestion, you can enact new regulation that requires
    new traders to go through certain education or pass certain tests - I believe that would be helpful for
    novice traders.
    Secondly, by lowering the leverage, most existing/experienced traders will migrate their account
    overseas - to brokers that do provide 100:1 leverage. Traders that are used to getting 100:1 leverage will
    not want to trade at 10:1 leverage and will find avenues to get the leverage they want. Unfortunately, if
    they do open accounts overseas, it provides them less protection since the CFTC can not regulate
    brokers in different countries; thus, the people that the CFTC wanted to protect - are now unprotected
    (hope that sentence made sense...).
    I strongly believe that the CFTC should not lower the leverage for all traders. Perhaps, it can be a scale.
    New traders are forced to only have 10:1 leverage for their 1 st trading year. Traders with 2-4 years
    experience can have 50:1. 4+ years can have 100:1. I just thought of this idea... I think this would
    work well.
    If you want any additional input, let me know. Feel free to ask me anything you'd like. Thanks for your
    time!
    Regards,
    Phillip V. Duongi0-001
    COMMENT
    CL-05397
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