Subject: SR-NSCC-2021-010 Comment
From: Dustyn Erb
Affiliation:

Feb. 13, 2022

SR-NSCC-2021-010 


Dustyn Erb, 
Lemon Drop Trading LLC, 
Mount Wolf, PA 17347 
717-758-4161 


Limiting the price or losses and market impact of a defaulting borrower's positions is allowing naked short selling criminals to retain more of their plunder and gains accrued from possession of that plunder. I understand you are trying to prevent a market crash, but the exiting of criminals is not the crash you should be concerned with. The other side of the trade will pick up the slack and we'll all be fine on the other side of the criminal's default. The more concerning crash is when the average person decides our markets aren't functional when these criminals are still allowed to play after. 


If a borrower needs to re-borrow a security to deliver to a counterparty, that means that the borrower did not own the security or have the security borrowed for the short sale. This is naked short selling and is ILLEGAL under SEC REG SHO. Illegal naked shorting activities have been referenced again in this rule proposal, and once again glossed over as a normal market activity.  


Make the criminals pay for their crime, and not just a small fraction of profits as a fine. No "defaulter", much less any crime-enabling prime broker, will ever face any legal consequences if the fundamental crime in question is repeatedly treated as not illegal in the first place. I am asking for enforcement.  


Thank you for your time.