1110 Brickell Avenue

Suite 430k-200

Miami, FL 33131

https://derivs.ftx.us/

1

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 dba FTX US 

Derivatives

Dear Sir or Madam:

LedgerX LLC, dba FTX US Derivatives (“FUSD”) 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, FUSD 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 

FUSD.

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 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 
1110 Brickell Avenue

Suite 430k-200

Miami, FL 33131

https://derivs.ftx.us/

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Confidential Submission and further request that you advise any such agency that FUSD 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 FUSD, 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 brian@ftx.us.

Sincerely,

Brian G. Mulherin

General Counsel, FTX US Derivatives

Encl. (Appendix A)
1110 Brickell Avenue

Suite 430k-200

Miami, FL 33131

https://derivs.ftx.us/

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APPENDIX A

to October 11, 2022 Confidential Treatment Request

from Brian G. Mulherin, LedgerX LLC dba FTX US Derivatives

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 11, 2022 from Brian Mulherin of LedgerX 

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

Certification, LedgerX LLC Submission No. 22-14”.

• Appendix B to the letter dated October 11, 2022 from Brian Mulherin of LedgerX 

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

Certification, LedgerX LLC Submission No. 22-14”.