alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §460w–2. Acquisition of property; authority of Secretary; State and Federal lands

The Secretary may acquire within the boundaries of the lakeshore lands and interests therein by donation, purchase with donated or appropriated funds, or exchange, but lands and interests in lands owned by the State of Wisconsin may be acquired only by donation. Notwithstanding any other provision of law, any Federal property located within the boundaries of the lakeshore is hereby transferred without transfer of funds to the administrative jurisdiction of the Secretary for the purposes of the lakeshore: Provided, That the United States Coast Guard may retain a right to utilize a portion of such land and facilities for use as navigational aids so long as may be required.

(Pub. L. 91–424, §3, Sept. 26, 1970, 84 Stat. 880; Pub. L. 99–497, §1(2), Oct. 17, 1986, 100 Stat. 1267.)

#### **Editorial Notes**

#### Amendments

1986—Pub. L. 99–497 substituted "is hereby" for "may, with the concurrence of the agency having custody thereof, be" and inserted proviso permitting the United States Coast Guard to utilize a portion of the lands and facilities for use as navigational aids as long as required.

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

#### Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§ 300.174 Prohibition on mandatory medication. ( a ) *General.* The SEA must prohibit State and LEA personnel from requiring parents to obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) for a child as a condition of attending school, receiving an evaluation under §§ 300.300 through 300.311, or receiving services under this part.
( b ) *Rule of construction.* Nothing in paragraph (a) of this section shall be construed to create a Federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a student's academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services under § 300.111 (related to child find).
(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(25))
#### UNITED STATES of America, Plaintiff—Appellee, v. Larry JOHNSON, dba Johnson Farms, et al., Defendant—Appellant. United States of America, Plaintiff—Appellant, v. Larry JOHNSON, dba AG Wise Inc., and Johnson Farms, Defendant—Appellee.

Nos. 01-30260, 01-30272. D.C. Nos. CR-99-00072-MRH-01, CR-99-00072-MRH.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 8, 2002.

Decided May 13, 2002.

Before RYMER, McKEOWN, and GOULD, Circuit Judges.

MEMORANDUM *

Defendant Larry Johnson appeals his convictions for conspiracy and money laundering in a scheme to smuggle Canadian Roundup into the United States for unlawful distribution.

Johnson asserts that evidence of foreign drafts should have been suppressed. He complains that the drafts were discovered in a search of his property that the district court found illegal. However, the bank that issued the drafts was identified in a search of Ag Chem that Johnson does not have standing to contest. With the name of Johnson’s bank, the government was certain to discover the foreign drafts. Because of inevitable discovery, Johnson’s challenge to the admissibility of the drafts fails.

*592The foreign drafts were relevant to the alleged conspiracy and money laundering, the government provided a proper foundation for them, and the district court did not abuse its discretion in admitting the drafts into evidence.

The district court also properly denied Johnson’s motion to acquit on the money laundering counts. The extensive circumstantial evidence that Johnson purchased Canadian Roundup with the drafts was more than sufficient to convict, and gives adequate support to the jury’s verdict.

We reverse the district court’s reduction of sentence under U.S.S.G. § 3E1.1(a) for acceptance of responsibility. Johnson did not accept responsibility for the crimes charged in the indictment. He denied at sentencing that he participated in the smuggling with which he was charged, and that was a key element of the indictment. The court could not properly find acceptance of responsibility in the face of Johnson’s denial that he brought contraband across the border.

The government’s cross-appeal on the four-month sentence is moot in light of reversal on the acceptance of responsibility adjustment.

AFFIRMED IN PART. REVERSED IN PART. VACATED AND REMANDED.

*

 This disposition is not appropriate for publica- • tion and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
§ 274a.8 Prohibition of indemnity bonds. ( a ) *General.* It is unlawful for a person or other entity, in hiring or recruiting or referring for a fee for employment of an individual, to require the individual to post a bond or security, to pay or agree to pay an amount, or otherwise to provide a financial guarantee or indemnity, against any potential liability arising under this part relating to such hiring, recruiting, or referring of the individual. However, this prohibition does not apply to performance clauses which are stipulated by agreement between contracting parties.
( b ) *Penalty.* Any person or other entity who requires any individual to post a bond or security as stated in this section shall, after notice and opportunity for an administrative hearing in accordance with section 274A(e)(3)(B) of the Act, be subject to a civil monetary penalty of $1,000 for each violation before September 29, 1999, of $1,100 for each violation occurring on or after September 29, 1999, but on or before November 2, 2015, and of $2,789 for each violation occurring after November 2, 2015, and to an administrative order requiring the return to the individual of any amounts received in violation of this section or, if the individual cannot be located, to the general fund of the Treasury.
[52 FR 16221, May 1, 1987, as amended at 64 FR 47101, Aug. 30, 1999; 81 FR 43002, July 1, 2016; 82 FR 8580, Jan. 27, 2017; 83 FR 13835, Apr. 2, 2018; 84 FR 13508, Apr. 5, 2019; 85 FR 36478, June 17, 2020; 86 FR 57540, Oct. 18, 2021; 87 FR 1326, Jan. 11, 2022; 88 FR 2183, Jan. 13, 2023; 89 FR 53859, June 28, 2024]
EXHIBIT 32.1 Certification Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Chapter 63, Title 18 U.S.C. §1350(a) and (b))  Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Chapter 63, Title 18 U.S.C. §1350(a) and (b)), the undersigned hereby individually certifies in his capacity as an officer of USI Holdings Corporation (the Company) that the Quarterly Report of the Company on Form 10-Q for the period ended September 30, 2006 fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that the information contained in such report fairly presents, in all material respects, the financial condition and results of operations of the Company at the end of and for the periods covered by such Report.


|                        |                        
|----------------------- | -----------------------
|                        |                        
|Dated: November 9, 2006 | /s/ DAVIDL. ESLICK     
|                        | David L. Eslick        
|                        | Chief Executive Officer

The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Chapter 63, Title 18 U.S.C. §1350(a) and (b)) and is, to the extent permitted by law, provided by the above signatory to the extent of his respective knowledge.  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 required by Section 906, has been provided to USI Holdings Corporation and will be retained by USI Holdings Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.1

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

In connection with the Annual Report of Herley Industries,  Inc. (the "Company")
on Form 10-K/A  Amendment No. 1 for the year ended August 2, 2009, as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Richard F. Poirier,  Chief  Executive  Officer of the Company,  hereby  certify,
pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to my knowledge:

     (1)  Such 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 such Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.


                                       Date:     November 30, 2009

                                       By: /S/   Richard F. Poirier
                                           ----------------------------
                                       Name:     Richard F. Poirier
                                       Title:    Chief Executive Officer



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

In connection with the Annual Report of Herley Industries,  Inc. (the "Company")
on Form 10-K/A  Amendment No. 1 for the year ended August 2, 2009, as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Anello C. Garefino,  Chief  Financial  Officer of the Company,  hereby  certify,
pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to my knowledge:

     (1)  Such 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 such Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.

                                     Date:    November 30, 2009

                                     By:     /S/ Anello C. Garefino
                                           --------------------------
                                     Name:    Anello C. Garefino
                                     Title:   Chief Financial Officer
§ 115.313 Supervision and monitoring. ( a ) The agency shall ensure that each facility it operates shall develop, implement, and document a staffing plan that provides for adequate levels of staffing, and, where applicable, video monitoring, to protect residents against sexual abuse. In calculating adequate staffing levels and determining the need for video monitoring, facilities shall take into consideration: ( 1 ) Generally accepted juvenile detention and correctional/secure residential practices;
( 2 ) Any judicial findings of inadequacy;
( 3 ) Any findings of inadequacy from Federal investigative agencies;
( 4 ) Any findings of inadequacy from internal or external oversight bodies;
( 5 ) All components of the facility's physical plant (including “blind spots” or areas where staff or residents may be isolated);
( 6 ) The composition of the resident population;
( 7 ) The number and placement of supervisory staff;
( 8 ) Institution programs occurring on a particular shift;
( 9 ) Any applicable State or local laws, regulations, or standards;
( 10 ) The prevalence of substantiated and unsubstantiated incidents of sexual abuse; and
( 11 ) Any other relevant factors.
( b ) The agency shall comply with the staffing plan except during limited and discrete exigent circumstances, and shall fully document deviations from the plan during such circumstances.
( c ) Each secure juvenile facility shall maintain staff ratios of a minimum of 1:8 during resident waking hours and 1:16 during resident sleeping hours, except during limited and discrete exigent circumstances, which shall be fully documented. Only security staff shall be included in these ratios. Any facility that, as of the date of publication of this final rule, is not already obligated by law, regulation, or judicial consent decree to maintain the staffing ratios set forth in this paragraph shall have until October 1, 2017, to achieve compliance.
( d ) Whenever necessary, but no less frequently than once each year, for each facility the agency operates, in consultation with the PREA coordinator required by § 115.311, the agency shall assess, determine, and document whether adjustments are needed to: ( 1 ) The staffing plan established pursuant to paragraph (a) of this section;
( 2 ) Prevailing staffing patterns;
( 3 ) The facility's deployment of video monitoring systems and other monitoring technologies; and
( 4 ) The resources the facility has available to commit to ensure adherence to the staffing plan.
( e ) Each secure facility shall implement a policy and practice of having intermediate-level or higher level supervisors conduct and document unannounced rounds to identify and deter staff sexual abuse and sexual harassment. Such policy and practice shall be implemented for night shifts as well as day shifts. Each secure facility shall have a policy to prohibit staff from alerting other staff members that these supervisory rounds are occurring, unless such announcement is related to the legitimate operational functions of the facility.
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 91569 / April 15, 2021

ADMINISTRATIVE PROCEEDING

File No. 3-16837

In the Matter of

Trinity Capital Corporation,

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 

(“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 April 7, 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).
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           4,441
<SECURITIES>                                       614
<RECEIVABLES>                                  208,159
<ALLOWANCES>                                    10,819
<INVENTORY>                                    180,213
<CURRENT-ASSETS>                               423,139
<PP&E>                                         270,016
<DEPRECIATION>                                 150,418
<TOTAL-ASSETS>                               1,109,414
<CURRENT-LIABILITIES>                          304,437
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        29,992
<OTHER-SE>                                     222,658
<TOTAL-LIABILITY-AND-EQUITY>                 1,109,414
<SALES>                                        271,069
<TOTAL-REVENUES>                               271,069
<CGS>                                          145,874
<TOTAL-COSTS>                                  294,725
<OTHER-EXPENSES>                              (17,200)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              19,799
<INCOME-PRETAX>                               (26,255)
<INCOME-TAX>                                  (10,204)
<INCOME-CONTINUING>                           (16,051)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
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<NET-INCOME>                                  (16,051)
<EPS-PRIMARY>                                   (0.57)
<EPS-DILUTED>                                   (0.57)
        

</TABLE>
437 P.2d 1011

#### Russell John FALCK, Petitioner, v. Honorable Dee C. BLYTHE, District Judge, Ninth Judicial District, County of Roosevelt, State of New Mexico, Respondent.

No. 8607.

Supreme Court of New Mexico.

March 6, 1968.

Ordered that the motion of respondent to *■.*quash the alternative writ of prohibition be and the same is hereby sustained, and that the alternative writ of prohibition issued out of this Court on February IS, 1968, be and the same is hereby quashed for the reason that the issues presented by the petition for a writ of prohibition may be raised on appeal after trial.
CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Gravitas International, Inc. a
Florida corporation (the "Company") on Form 10-QSB for the period ending March
31, 2003, as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), Robin Lecky, Chief Executive Officer of the Company,
certifies to the best of his knowledge, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

(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.

A signed original of this written statement required by Section 906 has been
provided to Gravitas International, Inc., and will be retained by Gravitas
International, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.


/s/  Robin  Lecky
--------------------------
Robin  Lecky
Chief  Executive  Officer
Oct 2nd 2003



<PAGE>
This information is available in alternate format. Call Michelle Waters

- Ekanem, Diversity Director
, at 617

- 292

- 5751. TDD# 1

- 866

- 539

- 7622 or 1

- 617

- 574

- 6868
MassDEP Web site : www. mass.gov/dep

Printed on Recycled Paper May 22 , 2013

James T. Owens III, Director
Office of Site Remediation and Restoration U.S. Environmental Protection Agency 5 Post Office Square, Suite 1100 (OSRR07

- 2) Boston, MA 02109

- 3912

Re: Proposed Site Deletion from the National Priorities List Cannons Engineering Corporation Superfund Site, Bridgewater, MA

Dear Mr. Owens:

The Massachusetts Department of Environmental Protection (MassDEP) has received the U.S. Environmental Protection Agency’s (EPA) Notice of Intent to Delete and the Direct Fi nal Notice of Deletion for the Cannons Engineering Corporation Superfund Site in Bridgewater (the Site). The proposed action would provide for the administrative deletion of the site from EPA’s National Priorities List (NPL).

The proposed deletion indica tes that all appropriate response actions have been completed, and additional response actions are not necessary as past actions have been sufficient to
address risks to human health and the environment. There are no remaining operation and

maintenance or monitoring requirements. Institutional controls in the form of deed restrictions are in place.

Based on EPA’s determinations that all required remedial actions have been successfully completed by the settling defendants and that all cleanup goals have b een achieved, MassDEP concurs with the proposed deletion. MassDEP understands that EPA will continue to conduct
five

- year reviews of the site to ensure that the remed ial actions remain protective . We also
understand that deletion does not prevent EPA fro m initiating further actions should they become necessary.Thank you for all your efforts on getting the Site to completion. Please do not hesitate to

contact me should you desire to discuss this concurrence.

Sincerely,

Benjamin Ericson

Assistant Co mmissioner Massachusetts Department of Environmental Protection
### §6808. Reports

Not later than May 1, 2006, and every 3 years thereafter, the Secretary shall submit to Congress a report detailing the status of the recreation fee program conducted for Federal recreational lands and waters, including an evaluation of the recreation fee program, examples of projects that were funded using such fees, and future projects and programs for funding with fees, and containing any recommendations for changes in the overall fee system.

(Pub. L. 108–447, div. J, title VIII, §809, Dec. 8, 2004, 118 Stat. 3389.)
# Official Journal L 398/2006

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 398 |
| | |
| English edition | Legislation | Volume 4930 December 2006 |

ISSN 1725-2555

Official Journal

of the European Union

L 398

English edition

Legislation

Volume 4930 December 2006

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Commission Regulation (EC) No 1996/2006 of 22 December 2006 adapting several Regulations concerning the cereals market by reason of the accession of Bulgaria and Romania to the European Union | 1 |

Contents

I   Acts whose publication is obligatory

page

*

Commission Regulation (EC) No 1996/2006 of 22 December 2006 adapting several Regulations concerning the cereals market by reason of the accession of Bulgaria and Romania to the European Union

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.