Subject: S7-04-23: Webform Comments from Robert Martinez
From: Robert Martinez
Affiliation:

Oct. 28, 2023

I can speculate that the number one reason for not
approving the safeguarding advisory client assets would be due to
potential conflicts of interest or lack of accountability in the
adviser's handling of client funds. The safeguarding of client
assets is crucial for trust and ethical business practices, and any
doubts about an adviser's ability to properly handle these assets
could lead to severe consequences for both the adviser and their
clients. 
As a client, and not a provider, the inability to control personal
funds allows for many openings to lack and need.

The most ideal scenario for the decline of the approval of
safeguarding advisory client assets would be one where there are
effective and stringent regulatory measures in place to prevent any
misuse or mishandling of client assets by financial advisors or
institutions. This would include regular audits and checks to ensure
compliance with the regulations and severe penalties for violations.
Additionally, increased transparency and communication with clients
about the handling of their assets would help to build trust and
mitigate any concerns. Ultimately, this would result in a decrease in
instances of mishandling of client assets and an increase in client
satisfaction and confidence.

Proposed Rule 223-1 of safeguarding advisory client assets
Page 397 and 398 make mention of current approved advisors large and
small. By utilizing current advisors in the system in which is
currently unstable and mixed between good and bad actors, we are
submitting ourselves to a controlled closed circuit in which takes
away from the freedom and liberties given to the American people. 

The Commission is seeking public feedback on proposed changes to
reword and renumber rule 206(4)-2 to better safeguard client assets
for investment advisors. Pages 397 and 398 reference the current
approval of both large and small advisory firms.

Decentralization is crucial when it comes to safeguarding advisory
clients' assets. By distributing the responsibility of managing
assets across a decentralized network instead of relying on a single
entity, the risk of fraud and theft is minimized. Additionally,
decentralization provides clients with greater transparency, as they
can oversee their own assets and transactions within the network.
Ultimately, implementing decentralized systems helps to build trust
between advisors and their clients, as it demonstrates a commitment to
secure and responsible asset management.

Decentralizing safeguards advisory client's assets by
distributing them across multiple locations, reducing the risk of loss
or theft. This practice is reinforced by legal regulations and
stipulations that mandate certain levels of protection and security
protocols. Decentralization is crucial to maintaining the trust and
confidence of advisory clients, as it provides an additional layer of
protection against potential financial harm. In addition to legal
compliance, adopting decentralization also has practical benefits in
minimizing the potential for operational disruption and protecting
client data from cyber threats.

additionally in proposal 204-2
there is a clear notification that all client funds will be accounted
for whether it be by the larger or smaller advisers, which implies the
control of said funds will be within the said advisors, rather than
any individual or non appointed entity.

In conclusion, referring to the privacy of an individuals usage of
personal funds should be relient solely upon the individual whom
earned said funds, the application of a third party intervening within
the financial status of all parties will completely deconstruct any
liberty of freedom of choice, as there will be necessary approvals on
the use of said funds in all cases, which restricts are freedom of
movement, our Fifth Ammendment The Fifth Amendment breaks down into
five rights or protections: the right to a jury trial when you're
charged with a crime, protection against double jeopardy, protection
against self-incrimination, the right to a fair trial, and protection
against the taking of property by the government without compensation.

Proposal 204-2 pages 397-399 infringes on my freedom of movement and
my rights to my property, in this case crypto currency in which has
been purchased by any individual. By proposing a third party will be
controlling all financial actions going forward implies that the
decisions going forward will continue developing in this form. With
the inability to make purchases, it will be difficult to travel, move,
and even eat due to any or all of the specific approved providers and
the policies provider to the approved providers whom are under the
direction of the SEC, and/or any other organization or governing body.