alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Dan Moses, Chief Financial Officer of SimpleTech, Inc. (the Company), certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



(1) the Quarterly Report of the Company on Form 10-Q for the quarterly period ending June 30, 2004, as filed with the Securities and Exchange Commission (the Report), fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and



(2) the information
contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                       
|-----------------------
|/s/ DAN MOSES          
|Dan Moses              
|Chief Financial Officer
|                       
|August 13, 2004
§ 140.907 Overhead and indirect construction costs. ( a ) A State may elect to reimburse the railroad company for its overhead and indirect construction costs.
( b ) The FHWA will participate in these costs provided that: ( 1 ) The costs are distributed to all applicable work orders and other functions on an equitable and uniform basis in accordance with generally accepted accounting principles;
( 2 ) The costs included in the distribution are limited to costs actually incurred by the railroad;
( 3 ) The costs are eligible in accordance with the Federal Acquisition Regulation (48 CFR), part 31, Contract Cost Principles and Procedures, relating to contracts with commercial organizations;
( 4 ) The costs are considered reasonable;
( 5 ) Records are readily available at a single location which adequately support the costs included in the distribution, the method used for distributing the costs, and the basis for determining additive rates;
( 6 ) The rates are adjusted at least annually taking into consideration any overrecovery or underrecovery of costs; and
( 7 ) The railroad maintains written procedures which assure proper control and distribution of the overhead and indirect construction costs.
[53 FR 18276, May 23, 1988]
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 85684 / April 18, 2019

ADMINISTRATIVE PROCEEDING 

File No. 3-18909

In the Matter of

Fifth Street Management, LLC

Respondent.

:

:

:

:

:

:

:

:

ORDER APPOINTING FUND 

ADMINISTRATOR AND SETTING 

ADMINISTRATOR BOND AMOUNT

On December 3, 2018, the Commission issued an Order Instituting Administrative and 

Cease-and-Desist Proceedings, Pursuant to Section 8A of the Securities Act of 1933, Section 

21C of the Securities Exchange Act of 1934, Sections 203(e) and 203(k) of the Investment 

Advisers Act of 1940 and Section 9(f) of the Investment Company Act of 1940 Making 

Findings, and Imposing Remedial Sanctions and a Cease-and-Desist Order (the “Order”)1against 

Fifth Street Management, LLC (the “Respondent”). In the Order, the Commission found that in 

2013 and 2014, the Respondent made improper allocations to its former business development 

company (“BDC”) clients and failed in the valuation of two portfolio company investment held 

by one of the BDCs. Further, the Respondent did not implement written policies and procedures 

reasonably designed to prevent violations of the Advisers Act concerning expense allocation 

until July 2016, did not implement them for the quality control review of its BDC clients’ 

quarterly valuation models, and did not have adequate policies and procedures concerning the 

prevention of the use of material, nonpublic information. The Commission ordered the 

Respondent to pay disgorgement of $1,999,115.86, prejudgment interest of $334,545.65, and a 

civil money penalty of $1,650,000.00 to the Commission. In the Order, the Commission also 

created a Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002, so the 

penalty, along with the disgorgement and prejudgment interest, collected can be distributed to 

those harmed by the Respondent’s conduct described in the Order (the “Fair Fund”). The 

Respondent has paid in full, and the Fair Fund holds $3,983,661.51 plus accrued interest.

The Division of Enforcement now seeks the appointment of Epiq Class Action & Claims 

Solutions, Inc. (“Epiq”) as the fund administrator in the above-captioned proceeding and requests 

that the administrator’s bond be set at $3,983,661.51, as required by Rules 1105(a) and 1105(c) 

 

1

 Securities Act Rel. No. 10581 (Dec. 3, 2018).
2

of the Commission’s Rules on Fair Fund and Disgorgement Plans (“Rules”).2 Epiq is included in 

the Commission’s approved pool of administrators. 

Accordingly, it is hereby ORDERED, that Epiq is appointed as the fund administrator of 

the Fair Fund, pursuant to Rule 1105(a) of the Rules, 17 C.F.R. § 201.1105(a), and the 

administrator shall obtain a bond in the amount of $3,983,661.51, in accordance with Rule 

1105(c) of the Rules, 17 C.F.R. § 201.1105(c). 

For the Commission, by the Division of Enforcement, pursuant to delegated authority.3

Vanessa A. Countryman

Acting Secretary 

 

2

 17 C.F.R. §§ 201.1105(a) and 201.1105(c).

3

 17 C.F.R. § 200.30-4(a)(17).
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-50997

Summary Calendar

ANGEL-LUIS MARTINEZ, JR., 

 Plaintiff - Appellant

v.

STATE OF TEXAS, Mike Waldman; Shelly Stimple; MIKE WALDMAN; 

SHELLY STRIMPLE, 

 Defendants - Appellees

Appeal from the United States District Court

for the Western District of Texas

USDC No. 6:18-CV-134

Before DENNIS, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:*

Angel-Luis Martinez, Jr. filed an action in the district court challenging 

his Texas state court conviction for aggravated assault and sentence of fifty 

years imprisonment, and bringing claims against individuals for their alleged 

actions as prosecutors in obtaining the conviction. The district court dismissed

the action pursuant to Federal Rule of Civil Procedure 12(b)(5) for insufficient 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 12, 2019

Lyle W. Cayce

Clerk

 Case: 18-50997 Document: 00514992829 Page: 1 Date Filed: 06/12/2019
No. 18-50997

2

service of process and Rule 12(b)(6) for failure to state a claim upon which relief 

can be granted. Martinez appealed. We now AFFIRM for the same reasons 

given by the district court. 

 Case: 18-50997 Document: 00514992829 Page: 2 Date Filed: 06/12/2019
### §460aa–4. Repealed. Pub. L. 114–46, title I, §108(a), Aug. 7, 2015, 129 Stat. 480

Section, Pub. L. 92–400, §5, Aug. 22, 1972, 86 Stat. 614, related to administrative determination of suitability for designation as wilderness areas.
### §80a–3. Lands excluded from Sierra National Forest and Sequoia National Forest and added to Kings Canyon National Park

All lands in Tehipite Valley within the Sierra National Forest lying north of a line described as follows:

Beginning at a point on the existing west boundary of the Kings Canyon National Park on the hydrographic divide on the southwest side of the Gorge of Despair in section 13, township 12 south, range 29 east, Mount Diablo base and meridian, being the crest of a ridge designated as Silver Spur;

thence following the crest of Silver Spur westerly to the intersection with the west line of section 14, township 12 south, range 29 east; thence northwesterly in a straight line across the middle fork of the Kings River to the point of intersection of the right bank of a stream or intermittent stream and the 4,400-foot contour north of Tombstone Ridge, in section 15, township 12 south, range 29 east, being a point on the existing west boundary of the park;

and all lands in the Cedar Grove area of the Sequoia National Forest lying east of the west section lines of sections 11 and 14, township 13 south, range 30 east, Mount Diablo base and meridian, are hereby excluded from the said national forests and made a part of the Kings Canyon National Park, subject to all the laws and regulations applicable to such park.

(Pub. L. 89–111, Aug. 6, 1965, 79 Stat. 446.)

#### **Editorial Notes**

#### Codification

Section was not enacted as part of act Mar. 4, 1940, ch. 40, 54 Stat. 41, which comprises this subchapter.
### §460xx–6. Authorization of appropriations

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter.

(Pub. L. 100–696, title I, §107, Nov. 18, 1988, 102 Stat. 4573.)
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 77223 / February 24, 2016

ADMINISTRATIVE PROCEEDING 

File No. 3-16575

____________________________________

 :

In the Matter of :

:

Computer Sciences Corporation, :

Michael Laphen, Michael Mancuso, : EXTENSION ORDER

Wayne Banks, Claus Zilmer, and :

Paul Wakefield :

 :

Respondents. :

____________________________________:

The Division of Enforcement (“Division”) has requested an extension of time until 

May 30, 2016 to submit a Proposed Plan of Distribution under Rule 1101(a) of the 

Commission’s Rules on Fair Fund and Disgorgement Plans, 17 CFR 201.1101(a).

On June 5, 2015, the Commission issued an Order Instituting Public Administrative 

and Cease-And-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933, 

Sections 4C and 21C of the Securities Exchange Act of 1934, and Rule 102(e) of the 

Commission’s Rules of Practice, Making Findings, and Imposing Remedial Sanctions and a 

Cease-And-Desist Order (“Order”) against Computer Sciences Corporation, Michael Laphen, 

Michael Mancuso, Wayne Banks, Claus Zilmer, and Paul Wakefield (“Respondents”).1 The 

Order required Respondents to pay a total of $195,078,490.00 in disgorgement, prejudgment 

interest, and civil money penalties to the Commission and created a Fair Fund pursuant to 

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

 

1

Exchange Act Rel. No. 75110 (June 5, 2015).
2

district court actions, defendant Robert Sutcliffe2 was ordered to pay disgorgement in the

amount of $6003.33 and prejudgment interest of $1,060.62 and Edward Parker3 was ordered 

to pay disgorgement in the amount of $2,800.00 and prejudgment interest of $750.00, with all 

district court payments to be made to the Commission and transferred into the Computer 

Science Fair Fund. With all payments made, the total fair fund is $195,089,083.95.

4

 

In its request for an extension of time, the Division states that it needs additional time 

to prepare a distribution plan for the combined Computer Science Fair Fund.

Accordingly, for good cause shown, IT IS HEREBY ORDERED that the Division’s 

request for an extension of time until May 30, 2016 to submit a Proposed Plan of Distribution 

is granted.

For the Commission, by its Secretary, pursuant to delegated authority. 

Brent J. Fields

Secretary

 

2

SEC v. Wilfred Sutcliffe, No. 15-cv-4340 (RJS) (S.D.N.Y. 2015).

3

SEC v. Edward Parker, No. 15-cv-4341 (ER) (S.D.N.Y. 2015).

4

There was a $20 shortfall in the amount paid which was written off by the Office of Financial Management 

pursuant to applicable delegated authority.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-7821

ROGER LEE HARRELL,

Petitioner - Appellant,

v.

COMMONWEALTH OF VIRGINIA,

Respondent – Appellee,

and

UNITED STATES OF AMERICA,

Respondent.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. Robert E. Payne, Senior 

District Judge. (3:13-cv-00153-REP)

Submitted: March 27, 2014 Decided: March 31, 2014

Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior 

Circuit Judges.

Dismissed by unpublished per curiam opinion.

Roger Lee Harrell, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Roger Lee Harrell seeks to appeal the district court’s 

order dismissing his 28 U.S.C. § 2254 (2012) petition as 

successive. The order is not appealable unless a circuit 

justice or judge issues a certificate of appealability. 28 

U.S.C. § 2253(c)(1)(A) (2012). A certificate of appealability 

will not issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the petition states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. 

We have independently reviewed the record and conclude 

that Harrell has not made the requisite showing. Accordingly, 

we deny a certificate of appealability, deny leave to proceed in 

forma pauperis, and dismiss the appeal. We dispense with oral 

argument because the facts and legal contentions are adequately 
3

presented in the materials before this court and argument would 

not aid the decisional process.

DISMISSED
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          OCT-31-2000
<PERIOD-START>                             NOV-01-1999
<PERIOD-END>                               JUL-31-2000
<CASH>                                      28,757,215
<SECURITIES>                                56,462,090
<RECEIVABLES>                                1,524,597
<ALLOWANCES>                                 (302,539)
<INVENTORY>                                    317,187
<CURRENT-ASSETS>                            90,230,413
<PP&E>                                       2,643,336
<DEPRECIATION>                               (989,313)
<TOTAL-ASSETS>                              97,954,180
<CURRENT-LIABILITIES>                        4,665,163
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        39,037
<OTHER-SE>                                  93,249,980
<TOTAL-LIABILITY-AND-EQUITY>                97,954,180
<SALES>                                      3,102,067
<TOTAL-REVENUES>                             3,102,067
<CGS>                                        2,863,019
<TOTAL-COSTS>                               22,170,707
<OTHER-EXPENSES>                             2,149,105
<LOSS-PROVISION>                               215,242
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                           (19,997,796)
<INCOME-TAX>                                  (38,590)
<INCOME-CONTINUING>                       (20,036,386)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (32,289,103)
<EPS-BASIC>                                     (1.05)
<EPS-DILUTED>                                   (1.05)


</TABLE>
### §521i. Unaffected lands

Nothing in sections 521c to 521i of this title shall authorize conveyance of Federal lands within the National Wilderness Preservation System, National Wild and Scenic Rivers System, National Trails System, or National Monuments. Nothing in sections 521c to 521i of this title shall authorize sale of Federal lands, within National Recreation Areas.

(Pub. L. 97–465, §7, Jan. 12, 1983, 96 Stat. 2536.)
Exhibit 32

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In  connection  with the  Quarterly  Report of A Better  Way  Financial
Corp.,  on Form  10-QSB for the period  ending  June 30,  2004 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the
undersigned, B. Stephen Bailey, Chief Executive Officer and Principal Accounting
Officer of the Company,  certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002,  that to the best of my
knowledge and belief:

         1. The Report fully complies with the requirements of section 13 (a) or
15 (d) of the Securities Exchange Act of 1934; and

         2. The  information  contained in the Report  fairly  presents,  in all
material  respects,  the  financial  condition  and result of  operations of the
Company.


Date: September 4, 2004

/s/ B. Stephen Bailey
B. Stephen Bailey
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 95427 / August 4, 2022

ADMINISTRATIVE PROCEEDING

File No. 3-20060

In the Matter of

BAYERISCHE

MOTOREN WERKE

AKTIENGESELLSCHAFT,

BMW OF NORTH AMERICA, 

LLC, AND BMW US CAPITAL, 

LLC,

Respondents.

:

:

:

:

:

:

:

:

:

:

:

ORDER APPOINTING 

TAX ADMINISTRATOR

On May 4, 2022, the Commission issued an Omnibus Order Directing the Engagement of 

Two Tax Administrators for Appointment on a Case-By-Case Basis in Administrative 

Proceedings that Establish Distribution Funds (the “Omnibus Order”).1 The Omnibus Order 

engaged Miller Kaplan Arase LLP and Heffler, Radetich & Saitta, LLP to serve as Commission 

tax administrators (“Tax Administrators”) for selection and appointment on an individual case 

basis, for calendar years 2022 through 2024 in administrative proceedings where the distribution 

fund may incur tax-related obligations as a Qualified Settlement Fund (“QSF”) under the 

Department of the Treasury Regulation § 1.468B-1(c). 

The Director of the Division of Enforcement is authorized to appoint a Tax Administrator 

pursuant to the Omnibus Order.2 The Commission staff has requested the appointment of Miller 

Kaplan Arase LLP as the Tax Administrator for the QSF in the above-referenced proceeding.

 

1

 Exchange Act Rel. No. 94845 (May 4, 2022).

2

 See Delegation of Authority to Director of the Division of Enforcement, Securities Act Rel. No. 10900 (Dec. 10, 

2020).
2

Accordingly, IT IS ORDERED that, pursuant to the Omnibus Order, Miller Kaplan Arase 

LLP is appointed as the Tax Administrator for the QSF in the above-referenced proceeding.

For the Commission, by the Division of Enforcement, pursuant to delegated authority.3

Vanessa A. Countryman

Secretary 

 

3

 17 C.F.R. § 200.30-4(a)(21)(ii).
### §4245. Authorization of appropriations

#### (a) In general

There is authorized to be appropriated to the Fund and to the Secretary a total of not to exceed $5,000,000 for each of fiscal years 2019 through 2023 to carry out this chapter, to remain available until expended.

#### (b) Administrative expenses

Of amounts available each fiscal year to carry out this chapter, the Secretary may expend not more than 3 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this chapter.

(Pub. L. 100–478, title II, §2306, Oct. 7, 1988, 102 Stat. 2323; Pub. L. 102–440, title III, §302, Oct. 23, 1992, 106 Stat. 2234; Pub. L. 105–217, §2, Aug. 5, 1998, 112 Stat. 911; Pub. L. 107–111, §§2, 3, Jan. 8, 2002, 115 Stat. 2095; Pub. L. 107–141, §5(b)(2)(B), Feb. 12, 2002, 116 Stat. 14; Pub. L. 110–132, §2(b), (c), Dec. 6, 2007, 121 Stat. 1360; Pub. L. 116–9, title VII, §7001(c)(1)(A), Mar. 12, 2019, 133 Stat. 784.)

#### **Editorial Notes**

#### Amendments

2019—Subsec. (a). Pub. L. 116–9 substituted "2019 through 2023" for "2007 through 2012".

2007—Subsec. (a). Pub. L. 110–132, §2(c), substituted "2007 through 2012" for "2001, 2002, 2003, 2004, 2005, 2006, and 2007".

Subsec. (b). Pub. L. 110–132, §2(b), substituted "$100,000" for "$80,000".

2002—Subsec. (b). Pub. L. 107–141 made technical amendment to reference in original act which appears in two places in text as reference to this chapter.

Pub. L. 107–111 designated existing provisions as subsec. (a), inserted heading, substituted "is authorized" for "are authorized" and "2001, 2002, 2003, 2004, 2005, 2006, and 2007" for "1997, 1998, 1999, 2000, 2001, and 2002", and added subsec. (b).

1998—Pub. L. 105–217 substituted "fiscal years 1997, 1998, 1999, 2000, 2001, and 2002" for "fiscal years 1992, 1993, 1994, 1995, 1996, 1997, and 1998".

1992—Pub. L. 102–440 substituted "fiscal years 1992, 1993, 1994, 1995, 1996, 1997, and 1998" for "fiscal years 1989, 1990, 1991, 1992, and 1993".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2002 Amendment

Pub. L. 107–141, §5(b)(2), Feb. 12, 2002, 116 Stat. 14, provided that the amendment by section 5(b)(2) of Pub. L. 107–141 is effective on the day after Jan. 8, 2002.
Veillez à vous couvrir le nez et la bouche pour aider à protéger les autres. 

Vous pourriez être infecté(e) et ne pas présenter de symptômes.

Et portez un masque

Pratiquez la distanciation sociale

Respectez une distance de 2 mètres avec les autres.

CS 317297-A 10/02/2020

Aidez à vous protéger et à protéger 

les autres du COVID-19
United States Department of Agriculture USDA is an equal opportunity provider and employer.

Dig In! • Grades 5-6 • http://teamnutrition.usda.gov

Name: ____________________________________________ Date: _______________

Throughout this unit, you’ve learned about and tasted a variety of fruits and vegetables, worked in the garden, and gained 

lifelong skills to help you take care of your health.

Reflection:

1) What was my most memorable activity?

2) What have I learned about fruits and vegetables? What new fruits and vegetables did I discover and try? 

 What are my favorites?

3) What have I learned about gardens? 

4) What have I learned about my own health? 

5) What is the most interesting or exciting thing I have learned that I think will help me in my life?

My Garden Fresh Moment:

Use the reflection questions above to help you with your creative writing. You may choose to write a short story, 

a poem, a song, an essay, or an article for your local newspaper. What memory do you want to share?

Illustrate Your Moment:

Draw a picture or make a collage of your “Garden Moment.” Write about it in your Garden Journal.

90

LESSON 10 HANDOUT 1 My Garden Fresh Moments