Foia Asking To The Second Most Pershing Foursquare Marketplace Grade Manipulation As Well As Herbalife

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Re: Freedom of Information Act (FOIA), v U.S.C. § 552 

Request No. 15-06335-FOIA 

Dear Mr. Hempton: 

This alphabetic quality responds to your request, dated together with received inwards this component on September 8, 2015, for whatever documents responsive to the claims that the SEC has investigated marketplace manipulation inwards Herbalife stock yesteryear or on behalf of Pershing Square – the hedge fund run yesteryear Bill Ackman. 

We are withholding records that may survive responsive to your asking nether v U.S.C. § 552(b)(7)(A), 17 CFR § 200.80(b)(7)(i). This exemption protects from disclosure records compiled for constabulary enforcement purposes, the loose of which could reasonably survive expected to interfere alongside enforcement activities. Since Exemption 7(A) protects the records from disclosure, nosotros convey non determined if other exemptions apply. Therefore, nosotros reserve the correct to assert other exemptions when Exemption 7(A) no longer applies. 

It is the full general policy of the Commission to bear its investigations on a non-public basis. Thus, dependent area to the provisions of FOIA, the Commission does non divulge the beingness or non-existence of an investigation or data gathered unless made a affair of populace tape inwards proceedings brought earlier the Commission or inwards the courts. Accordingly, the assertion of this exemption should non survive construed equally an indication yesteryear the Commission or its staff that whatever violations of constabulary convey occurred alongside honor to whatever person, entity, or security. 

Because the underlying circumstances may change, nosotros may later on divulge only about of the exempt records. If you lot wish, you lot may asking them in ane trial again half dozen months from the appointment of this letter. 

I am the deciding official alongside regard to this adverse determination. You convey the correct to appeal my determination inside ninety calendar days from the appointment of this alphabetic quality to our General Counsel nether v U.S.C. § 552(a)(6), 17 CFR § 200.80(d)(5) together with (6). Your appeal must survive inwards writing, clearly marked "Freedom of Information Act Appeal," together with should position the requested records. The appeal may include facts together with regime you lot see appropriate. 

You may file your appeal yesteryear completing the online Appeal shape located at https://www.sec.gov/forms/request_appeal, or ship your appeal to the Office of FOIA Services of the Securities together with Exchange Commission located at Station Place, 100 F Street NE, Mail Stop 2465, Washington, D.C. 20549, or deliver it to Room 1120 at that address. Also, ship a re-create to the SEC Office of the General Counsel, Mail Stop 9612, or deliver it to Room 1120 at the Station Place address. 

If you lot convey whatever questions, delight contact Warren Jackson of my staff at jacksonw@sec.gov or (202) 551-8312. You may likewise contact me at foiapa@sec.gov or (202) 551-7900. 

Sincerely, 

Jeffery Ovall 

FOIA Branch Chief