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Gary Gutchess Comment On Regulatory Notice 22-08

Gary Gutchess
N/A

In response to FINRA Regulatory Notice #22-08, I oppose all restrictions on my right, and on my right as trustee on behalf of beneficiaries to whom I owe duties, to invest in funds of my choosing.

By discriminating in favor of some shareholders over others, restrictions that have been proposed are a denial of equal protection under the law. They in effect would preselect who will prosper in future market conditions and who will not. The Agency ought not be involved in favoring some investors over others.

The record does not show that additional consumer protection is needed in this area or that the proposed measures will address consumer interests, or that they will not be over-broad, posing more problems for investors. In all these was, the proposed restrictions are arbitrary, capricious and an abuse of discretion.

There is much the administration can do to protect consumer investments for example, it could end policies that have driven inflation to the highest levels in 40 years. It could address issues causing crime rates to spike to all time highs. It could put a stop to deficit spending and printing money at rates in excess of economic growth. As its policies are driving financial markets down, it ought not to be restricting investors ability to protect themselves through shorting stocks or taking whatever action they believe is most likely to succeed.

Thank you for considering these objections. I have used leveraged funds of various kinds for many years, and I have found them to be a relatively inexpensive way to hedge risks. I believe current disclosures provided to me have been more than satisfactory.