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Comment for Proposed Rule 75 FR 3281

  • From: Robert Hoffman
    Organization(s):

    Comment No: 8058
    Date: 3/16/2010

    Comment Text:

    i0-001
    COMMENT
    CL-08058
    From:
    Sent:
    To:
    Su bject:
    Robert Hoffman
    Tuesday, March 16, 2010 9" 18 PM
    secretary
    Regulation of Retail Forex
    Dear Mr. Chairman:
    In regards to RIN 3038-AC61
    I am in total agreement with Senator Hatch. Do not impose this insane propsal onto the Forex community... Hundreds of
    thousands of people would be extremely harmed by this action. I most certainly would be harmed. And it is true thousands if
    not millions of traders would go off shore to Brokers that do accept higher leverage accounts.
    Sincerely, Robert Hoffman
    Dear Mr. Chairman: :3
    I-!>
    I am concerned, about a recent, proposal by the -omnl,0dity -'utures Tpldin,g Collllll iss ion (CFT~
    that may have a severe ImpMt 011 fOl'ctgtl exchange tl'lldlllg (l'o\'cx) 11\ the United States.c::7')
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    COMMENT
    Chairman Gary Gensler
    Commodity Putures Trading Commission
    Three Lafayettc Ccntl'c
    1155 21st Street, NW
    Washington, DC 20581
    On January 20, 2010, the Commission released a proposed rule to increasc regulation ofoff~
    exchangc transactions in foreign currency with mcmbers of the retail public,
    While I understand the importance of the proposed reglilations, such as capital requirements for
    retail Forex dealers, reporting and disclosure requirements, and other pl'ovisions to combat fraudulent
    practices in this sector of the Forex market, I believe one provision may do more harm than good if
    promulgated -- the leverage rule.
    The proposed rule would imposc a 10:1 limit on leverage that may beoffc.red to retail Forex
    customers. I urn told this provision may result in many retail Forex trudingjobs moving offshore to
    jurisdictions W'here regulators do not limit retail Forex leverage, and 200: I leverage is morc common.
    Requiring I:1 higher margin on leveragcs for Forex would make the U.S. retail Forex market
    uncompetitive, rf all developed-country regulators adopted common leverage requirements, the U,S.
    industry might be able to remain competitive under such II rule, but absent such standardization, the
    United States is at risk ofjosingjobs from this proposed regulatioll. Some 170 in Utah alone may be at
    risk.
    Perhaps more significant, the CFTC cannot adequately regulate rctnil r:orex trading if it moves
    offshore. U.S. investors will likely still participate in these markets, but in venues where the CFTC has
    no power to police trading practices. Thus, the proposed rule could make the CFTC less, not 1110re, able
    to protect individual investors.
    I encourage the Commodity Futures Trading COI11 mission to adopt rules that would strengthen the
    standing of the FOl'ex markct without encouraging retailers to 1110ve abroad. I thank you for yoUl'
    consideration.
    Sincerely,
    Orrin G. I-latch
    United States Senator