Subject: S7-10-23: Webform Comments from Curtis
From: Curtis
Affiliation: Investor

Aug. 29, 2023

Time to promote post-trade regulatory
fixes in US:
1) Fine$ + margin call$ for FTDs [NO
waivers at NSC's whiml
2) Mandatory Buy-In
3) If buy-in fails, raise offer$ until it
closes.
4) Suspend & close accounts of brokers
who FTD >3x/month: Sec&Exch Act
1934, §17A.a.5.(C)

Please find it in your capacity to protect market participants from
predatory naked short selling. This includes but is not limited to
greater transparency, eliminating FTDs, enforcing buy ins on FTDs,
more active margin calls, and suspending or expelling accounts who
consistently violate these goodwill exceptions. Obviously there’s a
function to FTDs. A legitimate function that in theory is designed to
prevent market back up. But it’s become exploited and subverted to
the point where it’s functioning as a method of extracting the most
possible amount of capital without actually delivery the underlying
security. Constantly rolling these over and delaying the purchase, or
blatantly leaving them to never be purchased through other market
derivatives like swaps of all different forms. 

Similarly, there is a legitimate function to ATPs/ATSs, but like FTDs,
they are actively exploited to suppress real price discovery in favor
of hedge fund activity and short sellers personal interests. This
exploitation of the market undermines true fairness in the market and
lends unfair advantages to short sellers who's main interest
involved bankrupting legitimate companies in favor of their own
personal gains at the dismay and ruin of investors. By the
exploitation of FTDs in conjuncture with ATSs/ATPs, also known as
“dark pools”, the short sellers can, and do, use these
exploitations to perpetually devalue companies illegitimately. These
aren’t the only tactics employed through short sellers, and this is
why we need the SEC to act in the interest of household investors.
From individuals who buy through brokerages, hold in their own name,
or those who hold securities and ETFs through retirement funds and
other long term investment strategies geared at retirement or other
wealth building strategies. 

Short sellers and hedge funds shouldn’t be allowed to be Market
Makers. Market makers shouldn’t be allowed to have partial interests
in the direction the market is destined to go. This begs the need for
greater transparency. The need for real accountability in the forms of
fines that equal a greater amount than what is profited from such
activity that includes but not limited to the exploitation of FTDd and
dark pool manipulation. Other factors need ti be fixed as well. The
list seems to be growing ever longer and that’s before accounting
for exceptions made to certain participants. It doesn’t help to make
rules if certain contributors are exempt from their rules, assuming
these rules are enforced in the first place. 

It’s obvious that these actions are being brought to light at an
increasing rate. And it’s astounding that these actions were ever
allowed or tolerated from the beginning. We need more activity from
our gatekeepers to the market. And that begins with you, the SEC. You
have the publics support to act in our best interest. We besiege you
to act at our behest and more importantly in our best interest. We
will remember those who act in our best interest, and we are ever
vigilant to take oversight to the actions that guide these policies,
for better or worse. We have become increasingly more active in
demanding positive change and we sorely need your help. The sanctity
of the United States Financial Markets depending heavily upon your
ability to protect investors and enforce the rules against those who
look to exploit the sanctity of our markets.

These actions are becoming increasingly untenable and eventually we
will see the negative impacts that will bear financial consequences if
these exploitations are not rectified if they continue unchecked.
Please hold those accountable to highest standard with no leeway given
to any who fail to properly interact within the proper function of our
markets. We need to eliminate the secondhand functions of these
supposedly legitimate actions that include, but are not limited to
FTDs, darkpool activity, mis-marking sales, and skirting the buy ins
of securities that are legitimately purchased through brokers,
transfer agents, and any who have a fiduciary responsibility to act on
the behalf of common investors. We need greater protection for all
investors who are considered long investors, and greater
accountability for short sellers and hedge funds regardless of their
accumulative wealth.