alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 32.1**

** **

**CERTIFICATIONPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Quarterly Report of Elixir Gaming Technologies, Inc.(the “Company”) on Form 10-Q for the quarterly period ended March 31,2009, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), we, Clarence Chung, President and Chief Executive Officer ofthe Company, and Andy Tsui, Vice President Finance and Chief Accounting Officerof the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.             The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

2.             The information contained in the Report fairlypresents, in all material respects, the financial condition and result ofoperations of the Company.

 

 
| By:    |   | /s/ Clarence Chung                                   |   | Dated: | May 15, 2009 |
|--------|--------|------------------------------------------------------|--------|--------|-------------------|
|   |   | Clarence Chung                                       |   |   |              |
| Title: |   | President and Chief  Executive Officer               |   |   |              |
|   |   |                                                 |   |   |              |
|   |   |                                                 |   |   |              |
| By:    |   | /s/ Andy Tsui                                        |   | Dated: | May 15, 2009 |
|   |   | Andy Tsui                                            |   |   |              |
| Title: |   | Vice President Finance and  Chief Accounting Officer |   |   |              |

 

This certification is madesolely for the purposes of 18 U.S.C. Section 1350, subject to theknowledge standard contained therein, and not for any other purpose.

 

----
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6214 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 6214

   To amend title 31, United States Code, to modify False Claims Act 
                  procedures, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2023

 Mr. Arrington (for himself and Mr. Panetta) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To amend title 31, United States Code, to modify False Claims Act 
                  procedures, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``False Claims Amendments Act of 
2023''.

SEC. 2. FALSE CLAIMS PROCEDURE.

    Section 3729 of title 31, United States Code, is amended by adding 
at the end the following:
    ``(e) Proving Materiality.--In determining materiality, the 
decision of the Government to forego a refund or to pay a claim despite 
actual knowledge of fraud or falsity shall not be considered 
dispositive if other reasons exist for the decision of the Government 
with respect to such refund or payment.''.

SEC. 3. POST-EMPLOYMENT WHISTLEBLOWER RETALIATION.

    Section 3730(h)(1) of title 31, United States Code, is amended by 
inserting ``current or former'' after ``Any''.

SEC. 4. GAO REPORT.

    Not later than 18 months after the date of enactment of this Act, 
the Comptroller General of the United States shall submit a report to 
Congress on the effectiveness of sections 3729 through 3733 of title 
31, United States Code (referred to in this Act as the ``False Claims 
Act'') during the time period beginning on the date of enactment of the 
False Claims Amendments Act of 1986 (Public Law 99-562; 100 Stat. 3153) 
and ending on the date of enactment of this Act, which shall include--
            (1) a description of the benefits and challenges of 
        enforcement efforts under the False Claims Act; and
            (2) information on the amounts recovered by the Government 
        under the False Claims Act since the date of enactment of the 
        False Claims Amendments Act of 1986 (Public Law 99-562; 100 
        Stat. 3153).

SEC. 5. APPLICABILITY.

    The amendments made by sections 2 and 3 of this Act shall apply to 
any case under the False Claims Act that is filed on or after the date 
of enactment of this Act.
                                 <all>
```
<PAGE>

                                                                    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

         In connection with the Annual Report of Too, Inc. (the "Company"), on
Form 10-K for the fiscal year ended January 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
W. Rayden, President, Chief Executive Officer and Chairman of the Board of
Directors 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:

                  (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.

Dated: April 7, 2004

                                    /s/ Michael W. Rayden
                                    --------------------------------------------
                                    Michael W. Rayden
                                    Chairman of the Board of Directors,
                                    President, and Chief Executive Officer

                                      186
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

________________________ No. 19

- 14553 Non

- Argument C alendar

________________________ D.C. Docket No. 1:18

- cr - 00088

- KD

- N

- 1 UNITED STATES OF AMERICA, Plaintiff

- Appellee,
versus BETTYE CLEMENT HAYS , Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Southern District of Alabama

________________________ (October 23, 2020) B efore JILL PRYOR , LUCK and HULL Circuit Judges
. PER CURIAM : The Government ’ s motion to dismiss this appeal pursua nt to the appeal waiver in Appellant ’ s plea agreement is GRANTED. See United States v. Bushert , 997 F.2d

USCA11 Case: 19-14553 Date Filed: 10/23/2020 Page: 1 of 22 1343, 1350

- 51 (11th Cir. 1993) (sentence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Bascomb , 451 F.3d 1292, 129 7 (11th Cir. 2006) ( appeal waiver “cannot be vitiated or altered by comments the court makes during sentencing” ); United States v. Grinard

- Henry , 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error). Moreover, the Government’s motion to dismiss this appeal as untimely is GRANTED
. See United States v. Lopez , 562 F.3d 1309, 1314 (11th Cir. 2009) (holding that if a criminal defendant ’s notice of appeal is filed more than 30 days after the expiration of the initial 14

- day appeal period, then the defendant is not eligible for relief under Fed. R. App. P. 4(b)(4)).

USCA11 Case: 19-14553 Date Filed: 10/23/2020 Page: 2 of 2
I 

118TH CONGRESS 

1ST SESSION H. R. 6310 

To amend title XVIII of the Social Security Act to extend incentive payments 

for participation in eligible alternative payment models under the Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 8, 2023 

Mr. RUIZ introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committee on Ways 

and Means, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to extend 

incentive payments for participation in eligible alternative 

payment models under the Medicare program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENDING INCENTIVE PAYMENTS FOR PAR4 TICIPATION IN ELIGIBLE ALTERNATIVE PAY5 MENT MODELS UNDER THE MEDICARE PRO6 GRAM. 

7 Section 1833(z) of the Social Security Act (42 U.S.C. 

8 1395l(z)) is amended— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 6310 IH

1 (1) in paragraph (1)(A)— 

2 (A) by striking ‘‘and ending with 2025’’ 

3 and inserting ‘‘and ending with 2027’’; and 

4 (B) by striking ‘‘with respect to 2025’’ and 

5 inserting ‘‘with respect to each of years 2025 

6 through 2027’’; and 

7 (2) in paragraph (4), by striking ‘‘with respect 

8 to 2025’’ and inserting ‘‘with respect to each of 

9 years 2025 through 2027’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                             317
<SECURITIES>                                         0
<RECEIVABLES>                                    7,229
<ALLOWANCES>                                     1,388
<INVENTORY>                                      6,454
<CURRENT-ASSETS>                                12,959
<PP&E>                                           7,472
<DEPRECIATION>                                   3,550
<TOTAL-ASSETS>                                  17,080
<CURRENT-LIABILITIES>                            9,512
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            15
<OTHER-SE>                                       7,258
<TOTAL-LIABILITY-AND-EQUITY>                    17,080
<SALES>                                          8,286
<TOTAL-REVENUES>                                 9,594
<CGS>                                            6,278
<TOTAL-COSTS>                                    6,278
<OTHER-EXPENSES>                                 4,733
<LOSS-PROVISION>                                    20
<INTEREST-EXPENSE>                                 131
<INCOME-PRETAX>                                (1,551)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,551)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,551)
<EPS-PRIMARY>                                    (.10)
<EPS-DILUTED>                                    (.10)
        

</TABLE>
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-20567

Conference Calendar

 

JAMES L. BLACK,

Plaintiff-Appellant,

versus

WAYNE SCOTT; FRED FIGUEROA; J.D. PUGH,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-96-CV-1440

- - - - - - - - - -

August 19, 1998

Before KING, HIGGINBOTHAM, and JONES, Circuit Judges. 

PER CURIAM:*

James L. Black, Texas prisoner #647682, appeals from the

district court’s dismissal as frivolous of his civil rights

complaint brought pursuant to 42 U.S.C. § 1983. We have reviewed

the record and the briefs of the parties, and we find no

reversible error. Because Black’s claims of negligence and

vicarious liability are not cognizable in a § 1983 cause of

action, the district court did not abuse its discretion by

determining that his claims were frivolous. See Marsh v. Jones,

53 F.3d 707, 712 (5th Cir. 1995); Moore v. Mabus, 976 F.2d 268, 
No. 97-20567

-2-

270 (5th Cir. 1992); Thompkins v. Belt, 828 F.2d 298, 303 (5th

Cir. 1987). 

Black’s appeal is without arguable merit, is frivolous, and

therefore is DISMISSED. See 5TH CIR. R. 42.2; see Howard v. King,

707 F.2d 215, 219-20 (5th Cir. 1983). Black is cautioned that

any future frivolous appeals or pleadings filed by him or on his

behalf will invite the imposition of sanctions. Black should

therefore review any pending appeals to ensure that they do not

raise arguments that are frivolous.

APPEAL DISMISSED; SANCTIONS WARNING ISSUED.
AMENDMENT TO ARTICLES OF INCORPORATION
                                       OF
                         GLOBE BUSINESS RESOURCES, INC.

         Filed with the Secretary of State of Ohio on September 19, 1997


RESOLVED, that the first paragraph of Article Four of the Company's Restated and
Amended Articles of Incorporation be amended to read as follows:

        "The maximum  number of shares which the Company is  authorized  to have
        outstanding is Fifteen  Million One Hundred  Thousand  (15,100,000),  of
        which:

               (1)    Fifteen Million (15,000,000) shares of no par value are to
                      be Common Stock; and

               (2)    One Hundred Thousand (100,000) shares of no par value are
                      to be Preferred Stock."
R.A. and D.A. v. A.B.

2160491

Court of Civil Appeals of Alabama.

June 16, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
I 

118TH CONGRESS 

1ST SESSION H. R. 6226 

To amend the Internal Revenue Code of 1986 to provide an exemption 

from gross income for mandatory restitution or civil damages as recompense for trafficking in persons. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2023 

Mr. SCHNEIDER (for himself, Mr. ARRINGTON, Ms. SEWELL, and Mrs. 

STEEL) introduced the following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

an exemption from gross income for mandatory restitution or civil damages as recompense for trafficking in 

persons. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Human Trafficking 

5 Survivor Tax Relief Act’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 6226 IH

1 SEC. 2. EXEMPTING FROM FEDERAL INCOME TAXATION 

2 RESTITUTION AND CIVIL DAMAGES AWARD3 ED UNDER SECTIONS 1593 AND 1595 OF TITLE 

4 18, UNITED STATES CODE. 

5 (a) IN GENERAL.—Part III of subchapter B of chap6 ter 1 of the Internal Revenue Code of 1986 is amended 

7 by inserting before section 140 the following new section: 

8 ‘‘SEC. 139J. CERTAIN AMOUNT RECEIVED AS RESTITUTION 

9 OR CIVIL DAMAGES AS RECOMPENSE FOR 

10 TRAFFICKING IN PERSONS. 

11 ‘‘Gross income shall not include any civil damages, 

12 restitution, or other monetary award (including compen13 satory or statutory damages and restitution imposed in 

14 a criminal matter) awarded— 

15 ‘‘(1) pursuant to an order of restitution under 

16 section 1593 of title 18, United States Code, or 

17 ‘‘(2) in an action under section 1595 of title 18, 

18 United States Code.’’. 

19 (b) CONFORMING AMENDMENT.—The table of sec20 tions for part III of subchapter B of chapter 1 of the In21 ternal Revenue Code of 1986 is amended by inserting be22 fore the item relating to section 140 the following new 

23 item: 

‘‘Sec. 139J. Certain amount received as restitution or civil damages as recompense for trafficking in persons.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 6226 IH

1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 the date of the enactment of this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
#### Robert HOLMES III, Plaintiff-Appellant, v. METROPOLITAN POLICE DEPARTMENT; et al., Defendants-Appellees.

No. 16-16215

United States Court of Appeals, Ninth Circuit.

Submitted September 26, 2017 **

FILED OCTOBER 5, 2017

*392Robert Holmes III, Las Vegas, NV, pro se.

Metropolitan Police Department, Las Vegas, NV, pro se.

Patrick A. Rose,-Esquire, USLV—Office of the U.S. Attorney, Adele V. Karoum, Esquire, Marquis Aurbach Coffing, Jeffrey Olster, Lewis Brisbois Bisgaard *&*Smith, LLP, Las Vegas, NV, for Defendants-Ap-pellees.

Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.

**

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM *

Robert Holmes, III, appeals pro se from the district court’s judgment dismissing his action alleging constitutional claims arising from the seizure of his property. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis of the applicable statute of limitations. *Johnson v. Lucent Techs. Inc.,*653 F.3d 1000, 1005 (9th Cir. 2011). We affirm.

The district court properly dismissed as time-barred Holmes’s claims against Sullivan, Kelly, the Las Vegas Metropolitan Department defendants, and Immigration and Customs Enforcement because Holmes filed this action more than two years after any claim accrued. *See Van Strum v. Lawn,*940 F.2d 406, 410 (9th Cir. 1991) (forum state’s statute of limitations for personal injury claims applies in *Bivens*and § 1983 actions); Nev. Rev. Stat. § 11.190(4)(c),(e) (applying a two-year statute of limitations period to personal injury claims in Nevada); *see also Fink v. Shedler,*192 F.3d 911, 914 (9th Cir. 1999) (“A claim accrues when the plaintiff knows, or should know, of the injury which is the basis of the cause of action.”). We reject as without merit Holmes’ contentions regarding tolling.

The district court did not abuse its discretion by dismissing Holmes’s claims against Holl because ' Holmes failed to show good cause as to why he did not timely serve Holl. *See*Fed. R. Civ. P. 4(m) (outlining requirements for proper service, and explaining that district court may sua sponte dismiss an action for failure to serve “after notice to the plaintiff’); *In re Sheehan,*253 F.3d 507, 511-12 (9th Cir. 2001) (setting forth standard of review and discussing Rule 4(m)’s “good cause” standard).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009).

We do not consider documents and facts not presented to the district court. *See United States v. Elias,*921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not presented to the district court are not part of the record on appeal.”).

AFFIRMED.

*

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
#### Joseph G. Browne, Appellant, *v.*Fenton G. Hibbets, as President of Local Union No. 584, Unit No. 3, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Respondent, et al., Defendants.

Submitted May 17, 1943;

decided June 18, 1943.

Motion by respondent for reargument and to amend the remittitur denied. The appeal was determined upon the facts as shown in the record, though the statement in the opinion that a letter was written “ appealing * * * from the Local’s action expelling plaintiff ” may not be entirely accurate and will be corrected. (See 290 N. Y. 459.)
R.A. and D.A. v. A.B.

2160492

Court of Civil Appeals of Alabama.

June 16, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Project Overview

PSNH implemented a major project at their Merrimack Station to 

reduce mercury emissions from Units 1 and 2. Liquid effluent from 

the FGD and heavy metals removal process requires treatment 

and recovery for re-use as scrubber makeup. The Zero Liquid 

Discharge (ZLD) process is designed to treat the wastewater. The 

solid discharged from the ZLD process is then landfilled.

Project Profile

The Facility 

Merrimack Station is Public Service of New Hampshire’s (PSNH) 

largest power plant. Merrimack Station produces enough energy 

to supply 190,000 New Hampshire households, and employs 

more than 100 people under normal operating conditions.

Guided by state and federal clean power laws, PSNH and its 

customers have invested millions in environmental initiatives to 

reduce emissions at Merrimack Station. The plant today meets or 

exceeds all environmental regulations; and, with the completion 

of the Clean Air Project in 2013, it will be one of the cleanest coalfired power plants in the nation.

Aquatech Provides Wastewater Treatment Solution for New Hampshire’s Largest Coal Power Plant

Project Profile #81 www.aquatech.com

Scope of Service

Aquatech provided a 65 GPM (15 m3/hr) Brine Concentrator and 

an 8 GPM (1.8 m3/hr) Two-Effect Crystallizer and a 1 x 100% Belt 

Filter Press.

Aquatech’s integrated solution includes physical/chemical 

and evaporation technologies that will enable customers with 

scrubbers to achieve greater environmental responsibility and 

development of environmentally friendly power facilities.

Design Water Analysis 

Flowrate, gpm 100

Magnesium 22

Potassium 714

Sodium 18,282

Barium 0.1

Strontium 6.0

Iron 5

Bicarbonate as HCO3 320

Calcium 645

Chloride 10,200

Fluoride 13.9

Sulfate 24,416

Nitrates 2,800

Phosphates 1.0

Suspended Solids 0

pH 7.0

TOC as ppm Not Reported

Total Dissolved 

Solids 57,554
Aquatech Provides Wastewater Treatment Solution for New Hampshire’s Largest Coal Power Plant

Project Profile #81 www.aquatech.com

Project Profile

Process Flow Diagrams
**EXHIBIT
      32.1**


Certification
      of Periodic Financial Report


Pursuant
      to 18 U.S.C. Section 1350








Pursuant
      to 18 U.S.C. Section 1350, as
      adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of
      the
      undersigned officers of M~Wave, Inc. (the “Company”) certifies that the
      Quarterly Report on Form 10-QSB of the Company for the quarter ended March
      31, 2007 fully complies with the requirements of Section 13(a) of the Securities
      Exchange Act of 1934 and information contained in that Form 10-QSB fairly
      presents, in all material respects, the financial condition and results of
      operations of the Company.








Dated:  May
                15, 2007
            /s/
                Jim MayerJim
                MayerInterim
                Chief Executive Officer/s/
                Jeff FiglewiczJeff
                FiglewiczChief
                Financial Officer








This
      certification is made solely for purpose of 18 U.S.C. Section 1350, subject
      to
      the knowledge standard contained therein, and not for any other
      purpose.