1110 Brickell Avenue

Suite 430k-200

Miami, FL 33131

www.ledgerx.com

1

October 27, 2021

FOIA CONFIDENTIAL TREATMENT REQUEST

Pursuant to 17 C.F.R. §§ 39.4(b), 40.6(a)(7)(vii), 40.8, 145.5 and 145.9

VIA ELECTRONIC MAIL

(FOIAsubmissions@cftc.gov)

Assistant Secretary of the Commission for FOI,

Privacy and Sunshine Acts Compliance

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20036

Re: Freedom of Information Act (“FOIA”) Confidential Treatment Request for 

Information Submitted to the CFTC by LedgerX LLC

Dear Sir or Madam:

LedgerX LLC (“LedgerX”) has on this date provided the documents described in 

Appendix A to this letter (the “Confidential Submission”) through the website of the Commodity 

Futures Trading Commission (the “Commission”) to Christopher Kirkpatrick.

In accordance with the provisions of Commission Regulations 39.4(b), 40.6(a)(7)(vii), 

40.8, 145.5 and 145.9, LedgerX hereby requests confidential treatment of the Confidential 

Submission. Confidential treatment is requested, inter alia, on the grounds that the Confidential 

Submission contains data and information which would separately disclose trade secrets that may 

not be disclosed to third parties, as provided in Section 8(a) of the Commodity Exchange Act and 

Commission Regulation 145.5(c)(1), (d)(3), and (h). Confidential treatment additionally is 

requested on the grounds that the Confidential Submission is exempt from disclosure under 

paragraph (b)(4) of the Freedom of Information Act (“FOIA”) and Commission Regulations 

145.5(d) and 145.9(d)(1)(ii) because it contains commercial and financial information that is 

confidential and would be of material assistance to competitors of LedgerX.

In accordance with the provisions of paragraph (d)(5) of Regulation 145.9, we request that 

the Confidential Submission be afforded confidential treatment in perpetuity.

We understand that if the Commission receives a FOIA request for the Confidential 

Submission, we will be notified of such request in accordance with the Commission’s regulations 

and be asked to submit, within ten business days, a detailed written justification for confidential 

treatment of the Confidential Submission. See Commission Regulation 145.9(e)(1); see also 

Executive Order 12600, 52 Fed. Reg. 23781 (June 23, 1987) (detailing pre-disclosure notification 
1110 Brickell Avenue

Suite 430k-200

Miami, FL 33131

www.ledgerx.com

2

procedures under FOIA). In such event, we request that Commission staff telephone or email the 

undersigned rather than rely upon United States mail for such notice.

If the Commission or its staff transmits any of the Confidential Submission to another 

federal agency, we request that you forward a copy of this letter to any such agency with the 

Confidential Submission and further request that you advise any such agency that LedgerX has 

requested that this material be accorded confidential treatment.

The requests set forth in the preceding paragraphs also apply to any memoranda, notes, 

transcripts or other writings of any sort whatsoever that are made by, or at the request of, any 

employee of the Commission (or any other federal agency) and which (1) incorporate, include or 

relate to any aspect of the Confidential Submission; or (2) refer to any conference, meeting, or 

telephone conversation between LedgerX, its current or former employees, representatives, agents, 

auditors or counsel on the one hand and employees of the Commission (or any other government 

agency) on the other, relating to the Confidential Submission. 

* * * *

Any questions regarding this request for Confidential Treatment, as well as any notices 

pursuant to Commission Regulation 145.9(e), should be directed to the attention of the undersigned 

at gc@ledgerx.com.

Sincerely,

Brian G. Mulherin

General Counsel, LedgerX LLC

Encl. (Appendix A)
1110 Brickell Avenue

Suite 430k-200

Miami, FL 33131

www.ledgerx.com

3

APPENDIX A

to October 27, 2021 Confidential Treatment Request

from Brian G. Mulherin, LedgerX LLC

The Confidential Submission referenced in the letter to which this Appendix A is attached consists 

of the following documents:

• Appendix A to the letter dated October 27, 2021 from Brian Mulherin of LedgerX LLC 

to Christopher Kirkpatrick re “Commission Regulation 40.6(a) – Rule Certification, 

LedgerX LLC Submission No. 21-23”.

• Appendix B to the letter dated October 27, 2021 from Brian Mulherin of LedgerX LLC to 

Christopher Kirkpatrick re “Commission Regulation 40.6(a) – Rule Certification, 

LedgerX LLC Submission No. 21-23”.

• Appendix C to the letter dated October 27, 2021 from Brian Mulherin of LedgerX LLC to 

Christopher Kirkpatrick re “Commission Regulation 40.6(a) – Rule Certification, 

LedgerX LLC Submission No. 21-23”.