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Comment for Proposed Rule 75 FR 3281

  • From: Feras F Taha
    Organization(s):

    Comment No: 5838
    Date: 3/3/2010

    Comment Text:

    i0-001
    COMMENT
    CL-05838
    From:
    Sent:
    To:
    Cc:
    Subject:
    Big Bear
    Wednesday, March 3, 2010 10:21 PM
    secretary
    Big Bear
    CFTC RULE R1N 3038-AC61
    Good Day,
    The reduction in leverage does nothing to protect the trader from him self or the
    broker. Education should be the priority not taking away a tool because someone
    doesn't know how to use it. If you want to prevent us from losing money why not
    close casinos. If you want to prevent scammers why not force brokers to separate
    client funds.
    Unlike no hedging and other rules adopted before, lowering retail forex margin to
    10 to 1 will definitely hurt if not cripple retail forex in the U.S. Firms and traders
    will just transfer accounts offshore or open new accounts offshore. Plain and
    simple. I know that my trading will & a few of us already have.
    FXCM already has a UK, branch, IBFX is getting approved by the FSA to open
    offshore account, and the list goes on. It seems to me that the CFTC has a bias
    against spot forex and more love for forex futures. But passing this rule is not
    goincj to force spot traders into fx futures. There is not enough liquitidy there, and
    people are very very upset about the government telling them how to trade.
    Offshore is where they will go for sure. Not many traders are going to deposit
    large sums of money in unsecured U.S. forex accounts because if the broker goes
    bust, and most will because of this rule, they will lose all their funds. If the CFTC
    really wanted to protect U.S. retail traders, then they would follow the FSA and
    required segregated and insured accounts, and allow margin as before or as the
    FSA mandates. This rule does not protect U.S retail traders but actually will
    unprotect the ones that stay and have to fund accounts with high balances in
    order to trade. Think this through before making such a bad decision.
    Patrick Henry one said, "Liberty or give me death!" before being lead off the
    gallows. Literally, I find myself in the same situation with the new regulation
    proposal of 10:1 leverage on the retail forex. Why are laws made but to protect
    the liberties and privileges of the American people. I do not see how this law
    protects the free markets of capitalism or the privileges of the American people
    rather it circumscribes and is rules for the sake of rules and once again stepping
    on the "little man."
    I wish to convey to you that such proposal would have the following effects:
    1. Without warrant strip the investor of the freedom to make his own financial
    decision and basically put the government in the role of a mother telling the
    "investor baby" what he can and cannot do. This labors under the delusion that
    "average Joe-does not know what to do with his money so the government must
    tell him.
    2. Steps on the little guy. A 25k retail forex account would be needed to start
    trading. I am actually fortunate to have that income. Most average Joes do not
    have that much disposable income to trade. Which leads to the sad statement they
    hear all of their lives. "In order to make money, you have to have a lot of money."
    This would limit the trading of forex to only the wealthy & is an attack an attack on
    class. Retail FX is a way to interested investors feet wet in the investing world.
    Most do not have the ca~)ital to trade Futures & Commodities ric~ht out of the c~ate,i0-001
    COMMENT
    CL-05838
    but with FX they might in the future
    3. The investor would stand to lose more under this new regulation. Since the
    investor would be opening a much larger account than say a $1,000 or $500
    account. The investor would stand to lose more, essentially at least 20 to 25k. If
    the investor is going to lose his money, he will lose money wheter he has $1,000
    or $20,000 this is simply augmenting the amount of unnecessary risk in his forex
    account. I have an acquaintance who unfortunately trades in the stock market and
    he requires that inane amount of capital to have his trading account, so he took
    out a second mortgage on his house to get the stock trading account. Which of
    these is more detrimental to the economy I ask you? The man who took out a
    second mortgage on his house and lost 20k or the man who lost $700 and learned
    forex wasn't the market for him.
    4. Makes U.S. forex brokers non-competitive- Forex traders will simply open up.
    accounts overseas where larger leveraging is allowed. I wouldn't be surprised ~f
    only a handful of retail forex accounts remained in the states with an inane 10"1
    leverage. Why put such a large amount of your capital in a trading account at once
    when it is an unnecessary in another country.
    5. Takes the American dream out of America- Mine is a true rags to riches story.
    My mother passed away while I was attending college. So while I was going to
    school pursuing an architectural engineering major I was having to take care of
    my two sisters and get an extra job waiting tables to make ends meet. I took a
    stock options course to learn how to trade for extra income, but realized the
    incredible high capital start up requirements. And that's when I ran into forex. The
    whole summer I went to barnes and noble took my notebook and read Technical
    Analysyes of the financial markets by Murphy, forex made easy, Profiting with
    forex, etc, I opened a demo account, paper traded for a few months, opened up
    my first account with $500. Its been 4 years and through careful study I've made
    a little over $200k in extra income to help care fo_r my sisters and pay for my
    degree. I, a waiter, was able to take advantage of the markets anduse
    fundamental and technical analyses to generate extra income for my family. That's
    the American dream that Anybody can make it here.
    6. Why is there no cap to leverage on banks in this market and just the retail
    investor- If its education that you are worried about, I for one have definitely put
    in the time and study to be able to use proper risk management to not lose my
    whole account or over leverage myself. I would be much more open to a
    mandatory money management course or forex education course your broker had
    to provide you sponsored by the cftc at a reasonable cost of course so as to not
    stamp out average Joe reaching the American dream. Not to exceed $500 for the
    co u rse.
    7. Spits in the face of freedom and says your too stupid to know what to do with
    your money.
    Bottom line is, with respect, stay out of our trading business. You deal with the
    brokers, we traders can handle ourselves.
    Regards,
    Feras F Taha