Subject: File No. S7-08-09
From: WILLIAM E DAUGHERTY

May 5, 2009

Naked short sales should be outlawed and violators prosecuted. I'm an individual investor with 35 years experience in investing. If I try to short a stock, I MUST borrow the shares or TDAmeritrade will not let the transaction take place. Same rules must apply to all Hedge Funds and Mutual Funds. This is actually more important than the uptick rule, however I also support it being reinstated.