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Comment for Proposed Rule 75 FR 3281

  • From: Marjorie Miller
    Organization(s):

    Comment No: 8717
    Date: 3/20/2010

    Comment Text:

    i0-001
    COMMENT
    CL-08717
    From:
    Sent:
    To:
    Cc:
    Subject:
    Marj orie Miller
    Saturday, March 20, 2010 8:12 PM
    secretary
    President Barack Obama ;
    [email protected]; contact@wexlerforcongress, corn;
    [email protected]; [email protected]; [email protected];
    lloyd, [email protected]; [email protected];
    [email protected]; [email protected]; Kay Bailey
    Hutchison ; Rep Michael McCaul

    No hedging, bad leverage, no segregation of Funds: Why would anyone do Forex
    in the US instead of the UK?
    Re: R1N 3038-AC61
    Mr Chairman,
    Let me say first that I think it is ironic that US citizens are moving their money to the UK to escape
    the incompetent US regu-dictators, who jerk people around for a year about the right to hedge and
    leverage, and don't even bother requiring segregated funds like the UK. Perhaps the US still has alot to
    learn from the UK.
    Let me then say, that besides being jerked around by the CFTCiNFA on whether I should have the
    fight to hedge, and then the 100:1 leverage restriction, and now the 10:1 leverage restriction, I refer you
    to the attached link below, dated in 2007 even, for another reason to not do FX trading in the US.
    Apparently, my funds aren't even safe in the US. In the UK they are segregated, and even guaranteed up
    to 30000 pounds at the brokerage and 50,000 pounds at the bank. Broker funds in the US aren't even
    guaranteed. What a joke. I've already moved 3 accounts to the UK, when hedging was outlawed in the
    US in 2009, and I will now be moving my other 3 accounts to the UK as well. Great job destroying yet
    another segment of the US economy. Will the US Retail Forex industry now get a bailout to revive what
    the CFTCiNFA has destroyed?
    Lastly, I'm sending a copy of this to President Obama who is apparently your boss, and I'd like to ask
    him where he'd rather do business, and why we don't have segregated funds rules in the US, and why
    we've got morons like you telling intelligent people whether they can hedge and how much leverage
    they can use. Ever think of asking about the security of their funds? You're a waste of taxpayer money.
    Hire someone from England. Everybody else is. Why don't you just look at the UK FSA rules and try to
    copy them and you won't look like such morons.
    Marj orie Miller
    In US, REFCO uses investors funds to pay off bankruptcy creditors - no segregation of client investment
    funds
    http ://www.robbooker. com/special/
    FSA Segregation of Funds regulations
    see http ://www.financial-spread-betting. com/Segregation-bankrupt.html
    All the reasons not to do Forex in the USi0-001
    COMMENT
    CL-08717
    http ://www. fxcm.com/segregated-accounts-news-release.j sp
    About FXCM
    FXCM Holdings, LLC: News Release
    FXCM Offers Segregated Forex Accounts Through FXCM LTD
    New York, July 25, 2007 (Revised on November 9, 2009)--The FXCM Group announced that accounts
    with Forex Capital Markets, LTD (FXCM UK) are segregated in accordance with FSA Client money
    rules.
    FXCM UK accepts accounts from the United States and over 100 countries.
    In the unlikely event of FXCM UK's bankruptcy, clients of FXCM UK would be considered secured
    creditors and receive priority in bankruptcy proceedings.
    FXCM Holdings, LLC is offering this option through FXCM UK because funds held by US-registered
    Forex Dealer Members are not segregated. If a Forex Dealer Member becomes insolvent, clients do not
    automatically receive priority status in bankruptcy proceedings.
    Recently, a U. S.-registered forex broker went into receivership due to undercapitalization. For a period
    of time, clients of the broker were unable to access their funds and faced the possibility of financial
    losses. This situation may recur because current capital requirements for US-registered forex brokers are
    minimal.
    FXCM is financially strong, with reserves that far exceed regulatory requirements. The FXCM Group
    has over $120,000,000 in firm capital (assets minus liabilities).*
    Drew Niv, Chief Executive Officer of the global currency trading firm, pointed out several features of
    the FXCM UK segregated account:
    Forex regulations in the UK differ from the ones in the United States;
    FXCM UK is now accepting accounts from over 100 countries, including the United States;
    The Financial Services Authority (FSA), one of the world's most respected financial regulatory
    bodies, administers these regulations;
    Opening an account is quick and easy: Applications may be submitted online.
    Drew Niv stated, "FXCM is offering segregated funds through FXCM LTD as an additional value to our
    clients. While FXCM is one of the largest U. S.-registered Forex Dealer Members, we still want to
    provide our clients with additional legal protections for those who want their funds segregated."
    "Many forex firms are teetering on the brink of bankruptcy; FXCM is strong. We believe that it is vitally
    important that all currency trading clients have complete and verified information on the financial
    strength of forex trading firms. That is why FXCM has taken the maj or step of making our balance sheet
    public, and challenged other firms in the industry to follow our lead," said Niv.