alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §3342. Annual status reports on programs; monitoring

#### (a) Reports

The State of Washington, the State of Oregon, and the appropriate tribal coordinating bodies shall submit to the appropriate Secretary an annual report on the status of the programs authorized by this chapter or any other relevant report requested by such Secretary.

#### (b) Monitoring

After the 18-month period after approval of the report of the Salmon and Steelhead Advisory Commission under subchapter II, the Secretary of Commerce shall establish a system to monitor and evaluate on a continuing basis whether the management program set forth in the report is being effectively implemented. If at any time after the monitoring system is established, the Secretary finds that—

(1) the number of parties referred to in section 3314 of this title has been reduced to the extent that such program cannot be implemented effectively; or

(2) the general implementation of the program is ineffective;

the Secretary shall immediately discontinue any further funding under subchapter III.

(Pub. L. 96–561, title I, §141, Dec. 22, 1980, 94 Stat. 3286.)
#### In the Matter of the Estate of Mary Vogel, Deceased. Sarah I. Mear et al., Appellants; Frank Vogel, Administrator of the Estate of Mary Vogel, Deceased, Respondent.

*674Close, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 93083 / September 21, 2021

ADMINISTRATIVE PROCEEDING

File No. 3-20455

In the Matter of

Poloniex, LLC,

Respondent.

:

:

:

:

:

:

:

ORDER APPOINTING 

TAX ADMINISTRATOR

On February 22, 2019, the Commission issued an Omnibus Order Directing the 

Appointment of Tax Administrator in Administrative Proceedings that Establish Distribution Funds 

(the “Omnibus Order”)1 authorizing the Secretary2to issue orders for calendar years 2019-2021 

appointing, upon request by the Commission staff, Miller Kaplan Arase LLP (“Miller Kaplan”), a 

certified public accounting firm, with one of their offices located in San Francisco, California, as 

tax administrator (“Tax Administrator”) 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). 

On September 14, 2021, the Commission staff requested, pursuant to the Omnibus Order, 

the appointment of Miller Kaplan as the Tax Administrator for the QSF in the above-referenced 

proceeding.

Accordingly, IT IS ORDERED that Miller Kaplan, pursuant to and in accordance with the 

Omnibus Order, is appointed 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 

 

1

 Exchange Act Rel. No. 85174 (Feb. 22, 2019).

2

 Effective December 29, 2020, the Director of the Division of Enforcement is now also authorized to make 

appointments in accordance with the Omnibus Order. See Delegation of Authority to Director of the Division of 

Enforcement, Securities Act Rel. No. 10900 (Dec. 10, 2020).

3

 17 C.F.R. § 200.30-4(a)(21)(ii).
### §490. Deposits from timber purchasers to defray cost of disposing of debris

Purchasers of national-forest timber may be required by the Secretary of Agriculture to deposit the estimated cost to the United States of disposing of brush and other debris resulting from their cutting operations, such deposits to be covered into the Treasury and constitute a special fund, which is appropriated and shall remain available until expended: Provided, That any deposits in excess of the amount expended for disposals shall be transferred to miscellaneous receipts, forest-reserve fund, to be credited to the receipts of the year in which such transfer is made.

(Aug. 11, 1916, ch. 313, 39 Stat. 462; Apr. 24, 1950, ch. 97, §6, 64 Stat. 84.)

#### **Editorial Notes**

#### Amendments

1950—Act Apr. 24, 1950, covered excess deposits into miscellaneous receipts instead of returning them to the depositors as was formerly the practice.
#### § 31.3 [Reserved]
§ 460.2 Definitions. As used in this part: ( a ) *Public road* means any road under the jurisdiction of and maintained by a public authority and open to public travel.
( b ) *Public authority* means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality thereof, with authority to finance, build, operate or maintain toll or toll-free highway facilities.
( c ) *Open to public travel* means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of public toll roads are not considered restrictive gates.
( d ) *Maintenance* means the preservation of the entire highway, including surfaces, shoulders, roadsides, structures, and such traffic control devices as are necessary for its safe and efficient utilization.
( e ) *State* means any one of the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. For the purpose of the application of 23 U.S.C. 402 on Indian reservations, *State* and *Governor of a State* include the Secretary of the Interior.
[40 FR 44322, Sept. 26, 1975, as amended at 76 FR 12849, Mar. 9, 2011]
### §590h–3. Repealed. Pub. L. 88–534, §2, Aug. 31, 1964, 78 Stat. 743

Section, act Aug. 28, 1954, ch. 1041, title V, §503, 68 Stat. 908, provided that nothing in section 590h(b) of this title or in any other law, shall be construed to authorize the imposition of limitations upon the number of terms for which members of county committees established under such section may be reelected. See section 590h(b) of this title.
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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1317-15

THE STATE OF TEXAS

v.

MARY ZUNIGA, Appellee

ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW

FROM THE THIRTEENTH COURT OF APPEALS

NUECES COUNTY

KELLER, P.J., filed a dissenting opinion in which KEASLER and HERVEY,

JJ. joined.

The Court says that appellee raised both a “defect of form” claim and a “defect of substance”

claim. While that may be true in some sense, it does not appear to me that she separated out the

claims in the manner that this Court does. For this reason, I do not fault the court of appeals for

failing to separate out the claims in its opinion. I believe that the court of appeals adequately

addressed appellee’s claim, so I would affirm that court’s judgment. 

While it is true that some parts of the court of appeals’s opinion discuss whether the specific
ZUNIGA DISSENT — 2

identity of the destroyed evidence was an element of the offense, other parts seem to focus on notice. 

Also, appellee does not seem to have argued the two-step analysis that this Court employs. The court

of appeals was aware that appellee’s claim included a notice claim. The court framed the issue as

follows:

We are asked to determine whether an “unknown substance” can be a “thing” under

section 37.09 of the penal code such that an indictment alleging the same complies

with the constitutional notice requirements and the Texas Code of Criminal

Procedure.1

Because the court acknowledged both aspects of appellee’s claim, I believe its holding was intended

to, and did, also encompass both claims. Finally, appellee does not complain in her petition to this

Court that the court of appeals erred in failing to employ the two-step analysis. She argues instead

that the indictment failed to provide information adequate to allow her to prepare a defense. I

believe that the court of appeals’s opinion sufficiently addressed the claim before it. 

I respectfully dissent.

Filed: March 8, 2017

Publish

State v. Zuniga, No. 13-14-00316-CR, 2015 Tex. App. LEXIS 7294, *5 (Tex. 1

App.—Corpus Christi-Edinburg July 16, 2015) (not designated for publication).
#### In the Matter of Eric Moore, Appellant, v Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.

[822 NYS2d 830]

Spain, J.

Appeal from a judgment of the Supreme Court (Con-nor, J.), entered May 25, 2005 in Albany County, which *910dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services calculating the length of petitioner’s sentence.

Petitioner, having been convicted of criminal possession of a weapon in the third degree, was sentenced in 1983 to seven years to life in prison. Following his release to parole supervision in 1992, he committed and was convicted of 17 additional felonies and sentenced in 1994 as a persistent violent felony offender on 16 counts and a second felony offender on one count to an aggregate prison term of 20 years to life. Petitioner thereafter commenced this CPLR article 78 proceeding contending that his 1994 sentences should be construed as running concurrently with the remaining years on the preexisting unexpired 1983 sentence, instead of consecutively thereto, because the 1994 commitment order was silent in that respect. Supreme Court dismissed the petition, prompting this appeal.

We affirm. Penal Law § 70.25 (2-a) requires that petitioner’s 1994 sentences, imposed as a persistent violent felony offender (see Penal Law § 70.08) and a second felony offender (see Penal Law § 70.06), run consecutively to the prior undischarged 1983 sentence, notwithstanding the fact that the sentencing court was silent as to the manner in which the 1994 sentences would run against his prior sentence (see *Matter of Adams v Goord,*29 AD3d 1237, 1238 [2006]; *Matter of El-Aziz v Goord,*27 AD3d 861, 862 [2006], *lv denied*7 NY3d 704 [2006]; *Matter of Williams v Goord,*25 AD3d 838, 838 [2006], *lv denied*7 NY3d 701 [2006]; *accord Matter of Tafari v Goord,*31 AD3d 843, 843-844 [2006]; *Matter of Martinez v Goord,*30 AD3d 868, 869 [2006]; *Matter of Valentin v Smith,*30 AD3d 862, 863 [2006]). Thus, we find unavailing petitioner’s assertion that the length of his sentence was incorrectly calculated.

Cardona, P.J., Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed, without costs. .
§ 752.4 Landscape development. ( a ) Landscape development, *which includes landscaping projects and other highway planting programs* within the right-of-way of all federally funded highways or on adjoining scenic lands, shall be in general comformity with accepted concepts and principles of highway landscaping and environmental design.
( b ) *Landscape development* should have provisions for plant establishment periods of a duration sufficient for expected survival in the highway environment. Normal 1-year plant establishment periods may be extended to 3-year periods where survival is considered essential to their function, such as junkyard screening or urban landscaping projects.
( c ) In urban areas new and major reconstructed highways and completed Interstate and expressway sections are to be landscaped as appropriate for the adjacent existing or planned environment.
( d ) In rural areas new and major reconstructed highways should be landscaped as appropriate for the adjacent environment. Planning should include the opportunity for natural regeneration of native growth and the management of that growth.
( e ) Landscaping projects shall include the planting of native wildflower seeds or seedlings or both, unless a waiver is granted as provided in § 752.11(b).
[43 FR 19390, May 5, 1978, as amended at 52 FR 34638, Sept. 14, 1987]
### §6707. Authorization of appropriations

#### (a) In general

There is authorized to be appropriated to carry out this chapter $15,000,000 for each fiscal year.

#### (b) Limitation

No funds made available under subsection (a) shall be used to pay the costs of constructing any facilities.

(Pub. L. 108–317, §8, Oct. 5, 2004, 118 Stat. 1210.)
### §1a–9. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 101–628, title XII, §1213, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 103–437, §6(d)(2), Nov. 2, 1994, 108 Stat. 4583, related to periodic review of National Park System. See section 100505(a) of Title 54, National Park Service and Related Programs.
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 91570 / April 15, 2021

ADMINISTRATIVE PROCEEDING

File No. 3-17614

In the Matter of

Laurence I. Balter d/b/a Oracle 

Investment Research,

Respondent.

:

:

:

:

:

:

:

ORDER APPOINTING 

FUND ADMINISTRATOR 

AND SETTING BOND 

AMOUNT

On May 26, 2017, the Commission issued an Order Making Findings and Imposing 

Remedial Sanctions and a Cease-and-Desist Order Pursuant to Section 8A of the Securities Act 

of 1933, Section 21C of the Securities Exchange Act of 1934, Sections 203(f) and 203(k) of the 

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

1940 (“Order”)1 against Laurence I. Balter d/b/a Oracle Investment Research (“Respondent”). In 

the Order, the Commission found that Respondent, a former registered investment adviser to the 

Oracle Mutual Fund (the "Fund"), committed multiple breaches of fiduciary duty and violations 

of the antifraud provisions of the federal securities laws from January 2011 to April 2014 in 100 

to 120 separately managed accounts ("SMA"). Respondent engaged in three distinct violations. 

First, he fraudulently allocated profitable trades to his own accounts to the detriment of several 

client accounts. Second, he falsely told his SMA clients who invested in the Fund that they 

would not pay both advisory fees and Fund management fees for the portions of their accounts 

 

1

 Securities Act Rel. No. 10367 (May 26, 2017).
2

invested in the Fund. Third, he made trades for the Fund that deviated from two of its 

fundamental investment limitations. Together, the violations caused significant harm to Balter's 

clients. The Commission ordered Respondent to pay $550,000.00 in disgorgement, prejudgment 

interest, and civil money penalties to the Commission, with payments made in installments over 

a three-year period. 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 interest, can be 

distributed to harmed investors (the “Fair Fund”).

The Fair Fund includes $550,000.00 paid by Respondent, and any additional funds paid 

will be added to the Fair Fund. 

The Division of Enforcement now seeks the appointment of DST Asset Manager 

Solutions, Inc. (“DST”) as the fund administrator and requests that the administrator’s bond be 

set at $550,000.00. DST is included in the Commission’s approved pool of administrators.

Accordingly, IT IS HEREBY ORDERED that DST is appointed as the fund 

administrator, pursuant to Rule 1105(a) of the Commission’s Rules of Fair Fund and 

Disgorgement Plans (“Commission’s Rules”),2 and shall obtain a bond in accordance with Rule 

1105(c) of the Commission’s Rules3in the amount of $550,000.00.

For the Commission, by the Division of Enforcement, pursuant to delegated authority.4

Vanessa A. Countryman

Secretary 

 

2

 17 C.F.R. § 201.1105(a).

3

 17 C.F.R. § 201.1105(c).

4

 17 C.F.R. § 200.30-4(a)(17).
5

Maneras de 

aprovechar su 

cobertura médica

Ahora que 

tiene cobertura 

médica, aquí 

explicamos 

lo que puede 

hacer para dar 

prioridad a su 

salud y vivir 

una vida larga 

y sana.
1 Confirme su 

cobertura médica

Asegúrese de haber finalizado 

su inscripción. Comuníquese 

con su seguro médico y/o con 

su oficina estatal de Medicaid. 

Pague su prima, si tiene una, 

para poder utilizar su cobertura 

médica cuando la necesite.

2 Sepa dónde ir 

por respuestas

Comuníquese con su seguro 

médico y averigüe qué servicios 

están cubiertos y cuáles tendrá 

que pagar. 

Consulte la Guía para un mejor 

cuidado para aprender sobre los 

términos clave de los seguros 

médicos.

3 Busque un 

médico

Seleccione un profesional de la 

salud que pertenezca a su red 

y que le haga las pruebas de 

salud necesarias.

Recuerde que usted podría 

pagar más si visita a un médico

que está fuera de su red.

4 Haga una cita

Confirme que su médico acepte 

su cobertura. 

Hable con su médico acerca de 

los servicios preventivos. 

Pregunte sobre sus 

preocupaciones y lo que puede 

hacer para mantenerse sano.

5 Tramite sus 

recetas médicas

Tramite cualquier receta que 

necesite. 

Algunos medicamentos cuestan 

más que otros. Pregunte antes 

cuánto cuestan y si hay una 

opción más económica.

Para obtener más 

información sobre De la 

cobertura al cuidado de su 

salud, visite go.cms.gov/c2c

Producto de CMS No. 11968-S

Marzo de 2016

•

•

•

•

•

•

•

•

•

•

•
§ 91.4 Truth in Sentencing Incentive Grants. ( a ) Half of the total amount of funds appropriated to carry out subtitle A for each of the fiscal years 1996, 1997, 1998, 1999 and 2000 will be made available for Truth in Sentencing Incentive Grants.
( b ) *Eligibility.* To be eligible to receive such a grant, a state, or states organized as multi-state compacts, must meet the requirements of § 91.3 and must demonstrate that the state(s)— ( 1 ) Has in effect laws which require that persons convicted of violent crimes serve not less than 85% of the sentence imposed; or
( 2 ) Since 1993— ( i ) Has increased the percentage of convicted violent offenders sentenced to prison;
( ii ) Has increased the average prison time which will be served in prison by convicted violent offenders sentenced to prison;
( iii ) Has increased the percentage of sentence which will be served in prison by violent offenders sentenced to prison; and
( iv ) Has in effect at the time of application laws requiring that a person who is convicted of a violent crime shall serve not less than 85% of the sentence imposed if— ( A ) The person has been convicted on 1 or more prior occasions in a court of the United States or of a state of a violent crime or a serious drug offense; and
( B ) Each violent crime or serious drug offense was committed after the defendant's conviction of the preceding violent crime or serious drug offense.
( c ) *Formula allocation.* The amount available to carry out this section for any fiscal year will be allocated to each eligible state in the ratio that the number of Part 1 violent crimes reported by such state to the Federal Bureau of Investigation for 1993 bears to the number of Part 1 violent crimes reported by all states to the Federal Bureau of Investigation for 1993.
( d ) *Transfer of unused funds.* On September 30 of each fiscal years 1996, 1998, 1999 and 2000, the Attorney General will transfer to the funds to be allocated under the Violent Offender Incarceration Grant formula allocation (section 91.5) any funds made available to carry out this section that are not allocated to an eligible state under paragraph (b) of this section.
### §470jj. Cooperation with private individuals

The Secretary of the Interior shall take such action as may be necessary, consistent with the purposes of this chapter, to foster and improve the communication, cooperation, and exchange of information between—

(1) private individuals having collections of archaeological resources and data which were obtained before the date of the enactment of this chapter, and

(2) Federal authorities responsible for the protection of archaeological resources on the public lands and Indian lands and professional archaeologists and associations of professional archaeologists.

In carrying out this section, the Secretary shall, to the extent practicable and consistent with the provisions of this chapter, make efforts to expand the archaeological data base for the archaeological resources of the United States through increased cooperation between private individuals referred to in paragraph (1) and professional archaeologists and archaeological organizations.

(Pub. L. 96–95, §11, Oct. 31, 1979, 93 Stat. 727.)
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 American Frontiers Marketing
Company,  on Form  10-QSB for the period  ending June 30, 2002 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: April 19, 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.