alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 69138 / March 14, 2013

ADMINISTRATIVE PROCEEDING

File No. 3-14909

____________________________________

 :

In the Matter of :

 :

OPPENHEIMERFUNDS, INC. :

:

and :

:

OPPENHEIMERFUNDS :

DISTRIBUTOR, INC., : Order Appointing

: Fund Administrator and

: Approving Fund Administrator 

: Bond

Respondents. :

____________________________________:

On June 6, 2012, the Commission issued an Order Instituting Administrative and Ceaseand-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933, Section 15(b)(4) of 

the Securities Exchange Act of 1934, Sections 203(e) and 203(k) of the Investment Advisers Act 

of 1940, and Sections 9(b) and 9(f) of the Investment Company Act of 1940, Making Findings, 

and Imposing Remedial Sanctions and a Cease-and-Desist Order against OppenheimerFunds, 

Inc. and OppenheimerFunds Distributor, Inc. (“Order”). Securities Act Release No. 9329 (June 

6, 2012). The Commission ordered OppenheimerFunds, Inc. to pay disgorgement of 

$9,879,706, prejudgment interest of $1,487,190 and a civil money penalty of $24,000,000 to the 

Commission. The Commission Order also created a Fair Fund for a distribution pursuant to 

Section 308(a) of the Sarbanes-Oxley Act of 2002, as amended.

Based on its review and consideration of several proposals, the Division of 

Enforcement’s Office of Distributions (“OD”) recommends that the Commission appoint Epiq 

Class Actions & Claims Solutions, Inc. (“Epiq”) as the Fund Administrator. OD further requests 

that the Commission approve the Fund Administrator’s bond requirement in the amount of 

$35,500,000. 
2

Accordingly, pursuant to Rules 1105(a) and 1105(c) of the Commission’s Rules on Fair 

Fund and Disgorgement Plans, 17 C.F.R. § 201.1105, IT IS HEREBY ORDERED that Epiq is 

appointed as the Fund Administrator, and Epiq shall obtain a bond in the manner prescribed in 

Rule 1105(c) in the approved amount of $35,500,000. 

 By the Commission.

Elizabeth M. Murphy

Secretary
### §559a. Reward for information leading to arrest and conviction for violating laws and regulations

The Secretary of Agriculture may pay rewards from appropriations available for the protection and management of the national forests, under such regulations as he may prescribe, for information leading to the arrest and conviction for violation of the laws and regulations relating to fires in or near national forests, or for the unlawful taking of, or injury to, Government property.

(Sept. 21, 1944, ch. 412, title II, §201, 58 Stat. 736.)

#### **Editorial Notes**

#### Codification

Section was enacted as a part of the Department of Agriculture Organic Act of 1944.
<PAGE>

                                                               EXHIBIT 10.20.1
                                 EXHIBIT "E"


                        COMMENCEMENT OF TERM AGREEMENT
                                  May 2, 1997

WHEREAS, by lease dated March 5, 1997, as same may have been amended, The
Equitable Life Assurance Society of the United States, A New York Corporation,
as managing owner ("Landlord") leased to INTEK Information, Inc., A Delaware
Corporation, ("Tenant"), the area described therein in the Southland Square
Building situated at 24301 Southland Drive, Suite 300, Hayward, CA and

WHEREAS, Landlord's work has been substantially completed;

NOW, THEREFORE, in accordance with the above, the parties hereto agree that the
term of said Lease shall commence May 2, 1997, and expire May 1, 2000. The Base
Rent shall commence on May 2, 1997.

All other terms and conditions of said lease are hereby reaffirmed as being in
full force and effect.

                                     Landlord:
                                     The Equitable Life Assurance Society of the
                                     United States, as managing owner

                                     By:  /s/ James M. Piane
                                          ------------------
                                     Its:  James M. Piane
                                           Investment Officer

                                     Tenant:
                                     INTEK Information, Inc.

                                     By:  /s/ Frank Richards
                                          ------------------
                                     Its:  Executive Vice President
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED FINANCIAL STATEMENTS FOR THE PERIOD ENDED DECEMBER 31, 1999 THAT WERE
FILED WITH THE COMPANY'S REPORT ON FORM 10-QSB AND QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0001101917
<NAME> PREFERRED INVESTMENTS, INC.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                              OCT-1-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                               1
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                         (1)
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
EXHIBIT

|                               |                                   |                                                                                                                                                                                                                                                                                                                                                              |
|------------------------------------|----------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                               | FREESTAR TECHNOLOGY      CORPORATION   |
|                          |                              |                                                                                                                                                                                                                                                                                                                                                         |
| Date:  May      20, 2008 | By:                          | /s/ Paul      Egan                                                        |
|                               | Paul      Egan                         |
|                               | President/Chief      Executive Officer |

|                               |                                 |                                                                                                                                                                                                                                                                                                                                              |
|------------------------------------|--------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                               | FREESTAR TECHNOLOGY      CORPORATION |
|                          |                            |                                                                                                                                                                                                                                                                                                                                         |
| Date:  May      20, 2008 | By:                        | /s/ Ciaran      Egan                                                     |
|                               | Ciaran      Egan                     |
|                               | Chief      Financial Officer         |
SUPPLEMENT DATED DECEMBER 17, 2009

                     TO THE VARIABLE ANNUITY PROSPECTUS OF:
        ALLIANZ VISIONSM DATED JULY 22, 2009, AS REVISED OCTOBER 26, 2009
                                    ISSUED BY
               ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA AND
                         ALLIANZ LIFE VARIABLE ACCOUNT B

            THIS SUPPLEMENT UPDATES CERTAIN INFORMATION CONTAINED IN
            THE PROSPECTUS AND SHOULD BE ATTACHED TO THE PROSPECTUS
                       AND RETAINED FOR FUTURE REFERENCE.

In section 11.c, Other Optional Benefits, in the Bonus Option section on page 84
of the prospectus, the first paragraph is replaced with the following:

     The Bonus Option is designed for Owners who believe that the return on the
     investment of the bonus in the Investment Options will at least offset the
     additional costs associated with the Bonus Option. This option provides a
     6% bonus on each Purchase Payment we receive before the older Owner's 81st
     birthday (or the Annuitant's 81st birthday if the Contract is owned by a
     non-individual). The Bonus Option is only available at issue and it carries
     an additional M&E charge and a higher and longer withdrawal charge
     schedule. These charges are discussed in the Fee Tables and section 6,
     Expenses. ONCE YOU SELECT THE BONUS OPTION, YOU CANNOT CANCEL IT. THE BONUS
     OPTION IS NOT AVAILABLE IF YOU SELECT EITHER THE SHORT WITHDRAWAL CHARGE
     OPTION OR THE NO WITHDRAWAL CHARGE OPTION. THE BONUS OPTION IS ALSO NOT
     AVAILABLE IN CONNECTICUT, NEW HAMPSHIRE, AND OREGON. FOR MORE INFORMATION,
     PLEASE SEE SECTION 11, SELECTION OF OPTIONAL BENEFITS.

                                                                 VSNPRO-002-1009
### §460qqq–4. Sale of Federal parcel

#### (a) In general

Notwithstanding sections 1712 and 1713 of title 43 and subject to valid existing rights, not later than 1 year after November 6, 2002, the Secretary shall convey to the highest qualified bidder all right, title, and interest of the United States in and to the Federal parcel.

#### (b) Disposition of proceeds

Of the gross proceeds from the conveyance of land under subsection (a)—

(1) 5 percent shall be available to the State for use in the general education program of the State; and

(2) the remainder shall be deposited in the special account established under the Southern Nevada Public Lands Management Act of 1998 (Public Law 105–263; 112 Stat. 2345), to be available to the Secretary, without further appropriation for—

(A) the construction and operation of facilities to support the management of the Conservation Area;

(B) the construction and repair of trails and roads in the Conservation Area authorized under the management plan;

(C) research on and interpretation of the archaeological and geological resources of the Conservation Area;

(D) conservation and research relating to the Conservation Area; and

(E) any other purpose that the Secretary determines to be consistent with the purpose described in section 460qqq of this title.

(Pub. L. 107–282, title VI, §606, Nov. 6, 2002, 116 Stat. 2012.)

#### **Editorial Notes**

#### References in Text

The Southern Nevada Public Lands Management Act of 1998, referred to in subsec. (b)(2), probably means the Southern Nevada Public Land Management Act of 1998, Pub. L. 105–263, Oct. 19, 1998, 112 Stat. 2343, which amended section 460ccc–1 of this title and section 6901 of Title 31, Money and Finance, and enacted provisions set out as a note under section 6901 of Title 31. For complete classification of this Act to the Code, see Short Title of 1998 Amendment note set out under section 6901 of Title 31 and Tables.
MEMORANDUM OF UNDERSTANDING


To:            Allan King
               MultiCom Services

From:          Maya Jazrawi
               NetVoice Technologies

Date:          9/8/99

RE:            Strategic Partnership

NetVoice Technologies is excited about the opportunity to join with
MultiCom as we look for new market and enhanced revenue opportunities.
Our current proposal is as follows:

Waco Call Center
----------------

*    Shared infrastructure
     *    Revenue split to be decided at a later date
     *    NetVoice will pick up hardware costs for the router
     *    MultiCom will pay for their local loop
     *    the call center will pay for their local loop

Austin Call Center
------------------

*    NetVoice will sell unlimited minutes to MultiCom to resell to the
     Austin call center
*    NetVoice will charge 2.5 cents/minute for all on net minutes and 5.2
     cents/minute for all off net minutes
*    As the NetVoice network grows and additional cities go on-line, on
     net savings will be passed to MultiCom at on net minute rates

Agent Package
-------------

*    Option 1 - agent package: NetVoice will sell to MultiCom on net
     minutes at 2.5 cents/minute and off net minutes at 5.2 cents/minute

College/Residential/Business Markets
------------------------------------

*    NetVoice has right to refuse specific market (geographic, product)
     entry for multiCom products requiring minutes wholesaled from
     NetVoice
*    All products using MultiCom wholesaled minutes will be co-branded
     with the "powered by NetVoice" slogan and logo
*    MultiCom can purchase unlimited minutes from NetVoice at 2.5
     cents/minute on net and 5.2 cents/minute off net
*    As the NetVoice network grows and additional cities go on-line, on
     net savings will be passed to MultiCom at on net minute rates

In - Office VoIP service
------------------------

*    NetVoice will provide VoIP service for MultiCom offices at 2.5
     cents/minute on net and 5.2 cents/minute off net

Press Release
------------

<PAGE>

*    Upon agreement of this MOU NetVoice and MultiCom will jointly
     release a press statement announcing our strategic partnership

We are very excited about moving forward as partners and look forward to
ironing our all details related to the above mentioned options.



/s/ MAYA JAZRAWI CROTHERS 9/8/99        /s/ ALLAN KING
-------------------------------         -------------------------------
Maya Jazrawi Crothers                   Allan King
Director of Business Development        President/CEO
Netvoice Technologies                   MultiCom Services
KPMG LLP

4200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN  55402

                          Independent Auditors' Consent

The Board of Directors of Allianz Life  Insurance  Company of North  America and
Contract Owners of Allianz Life Variable Account B:

We  consent  to the use of our  report  dated  March 19,  2004 on the  financial
statements of Allianz Life  Variable  Account B and our report dated January 19,
2004, on the consolidated financial statements of Allianz Life Insurance Company
of North America and  subsidiaries  included  herein and to the reference to our
Firm under the heading "EXPERTS".

Our report dated January 19, 2004 on the  consolidated  financial  statements of
Allianz Life  Insurance  Company of North America and  subsidiaries  refers to a
change in the method of accounting  for  derivative  instruments in 2001 and its
method of accounting for goodwill in 2002.

                                          /s/ KPMG LLP
                                          KPMG LLP

Minneapolis, Minnesota
April 26,2004
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

 v.

RAFAEL PEREZ-MENCHACA,

Defendant-Appellant.

No. 15-50060

D.C. No. 3:14-cr-03027-AJB

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Anthony J. Battaglia, District Judge, Presiding

Submitted October 25, 2016** 

Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges. 

Rafael Perez-Menchaca appeals from the district court’s judgment and

challenges the 42-month sentence imposed following his guilty-plea conviction for

importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We

FILED

NOV 01 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for

resentencing.

Perez-Menchaca argues that the district court erred in denying a minor role

reduction to his base offense level under U.S.S.G. § 3B1.2(b). After PerezMenchaca was sentenced, the United States Sentencing Commission issued

Amendment 794 (“the Amendment”), which amended the commentary to the

minor role Guideline. The Amendment is retroactive to cases pending on direct

appeal. See United States v. Quintero-Leyva, 823 F.3d 519, 523 (9th Cir. 2016). 

The Amendment clarified that, in assessing whether a defendant should

receive a minor role adjustment, the court should compare him to the other

participants in the crime, rather than to a hypothetical average participant. See

U.S.S.G. App. C. Amend. 794; Quintero-Leyva, 823 F.3d at 523. In addition, the

Amendment clarified that “[t]he fact that a defendant performs an essential or

indispensable role in the criminal activity is not determinative.” U.S.S.G. § 3B1.2

cmt. n.3(C) (2015). Finally, the Amendment added a non-exhaustive list of factors

that a court “should consider” in determining whether to apply a minor role

reduction. See id. Because we cannot determine from the record whether the

district court followed the guidance of the Amendment’s clarifying language and

considered all of the now-relevant factors, we vacate Perez-Menchaca’s sentence

2 15-50060
and remand for resentencing under the Amendment. See Quintero-Leyva, 823 F.3d

at 523-24.

VACATED and REMANDED for resentencing. 

3 15-50060
§ 636.506 What issues must be covered in discussions? ( a ) Discussions should be tailored to each offeror's proposal. Discussions must cover significant weaknesses, deficiencies, and other aspects of a proposal (such as cost or price, technical approach, past performance, and terms and conditions) that could be altered or explained to enhance materially the proposal's potential for award. You may use your judgment in setting limits for the scope and extent of discussions.
( b ) In situations where the solicitation stated that evaluation credit would be given for technical solutions exceeding any mandatory minimums, you may hold discussions regarding increased performance beyond any mandatory minimums, and you may suggest to offerors that have exceeded any mandatory minimums (in ways that are not integral to the design), that their proposals would be more competitive if the excesses were removed and the offered price decreased.
<PAGE>   1
                                                                      EXHIBIT 12

                     THE HERTZ CORPORATION AND SUBSIDIARIES
         COMPUTATION OF CONSOLIDATED RATIO OF EARNINGS TO FIXED CHARGES
                     (IN THOUSANDS OF DOLLARS EXCEPT RATIOS)

<TABLE>
<CAPTION>
                                                         Unaudited
                                                         ---------

                                                               Years Ended December 31,
                                        --------------------------------------------------------------------
                                          1995           1994           1993           1992           1991
                                        --------       --------       --------       --------       --------
<S>                                     <C>            <C>            <C>            <C>            <C>
Income before income taxes              $172,344       $162,831       $102,450       $ 31,769       $  4,212


Interest expense                         323,871        284,438        256,718        310,481        314,264


Portion of rent estimated to
    represent the interest factor         75,874         88,219         76,298         86,079         76,200
                                        --------       --------       --------       --------       --------


Earnings before income taxes
    and fixed charges                   $572,089       $535,488       $435,466       $428,329       $394,676
                                        ========       ========       ========       ========       ========


Interest expense (including
    capitalized interest)               $325,021       $284,855       $256,866       $310,538       $314,397


Portion of rent estimated to
    represent the interest factor         75,874         88,219         76,298         86,079         76,200
                                        --------       --------       --------       --------       --------


Fixed charges                           $400,895       $373,074       $333,164       $396,617       $390,597
                                        ========       ========       ========       ========       ========


Ratio of earnings to fixed
    charges                                  1.4            1.4            1.3            1.1            1.0
                                        ========       ========       ========       ========       ========
</TABLE>