alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# USCIS Announces Information Regarding EB-5 Regional Center Audits

04/09/2024

Under the new provisions of section 203(b)(5)(E)(vii) added by the EB-5 Reform and Integrity Act of 2022 (RIA) to the Immigration and Nationality Act, we must audit each designated regional center at least once every five years. This audit will include a review of any documentation required to be maintained by the regional center and a review of the flow of immigrant investor capital into any capital investment project. Regional center audits enhance the integrity of the EB-5 program by helping us verify information in regional center applications and annual certifications as well as associated investor petitions.

At any point during a site visit in connection with an audit, if the regional center representative expresses an unwillingness to participate in the site visit, we will cancel the visit. We will complete the audit report using the data available and indicate that we canceled the site visit at the request of the regional center.

If a regional center chooses not to consent to an audit or deliberately attempts to impede the audit, we will terminate the regional center’s designation. See INA 203(b)(5)(E)(vii)(III). We may consider noncompliance with a site visit to mean nonconsenting to an audit.

Except when a regional center does not consent to an audit or deliberately attempts to impede an audit, there are generally no direct adverse consequences to an EB-5 associated entity or petitioner solely because of the negative audit result. However, we may use our findings to evaluate a regional center’s continuing eligibility to remain designated as well as compliance of associated applications, petitions, or other filings with applicable requirements.

Starting April 23, we will generally use Generally Accepted Government Auditing Standards, also known as the Yellow Book, when we audit EB-5 regional centers.

The Yellow Book provides standards and guidance for auditors and audit organizations. An audit using the Yellow Book standards will help us verify the information that designated regional centers provide in associated applications and petitions as well as annual statements. It also will help us assess a regional center’s compliance with applicable laws for purposes of remaining eligible for its designation. Generally using GAGAS standards does not remove the officer’s discretion in considering the results of the audit in connection with making adjudicatory decisions, nor does it create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

We have created a new EB-5 Regional Center Audits webpage with information for regional centers on the auditing process, including the role of the audit team, how to prepare for an audit, participating in an audit, and more.

04/09/2024

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(9 Misc. Rep. 219.)

#### BIDWELL et al. v. SHAW et al.

(City Court of New York, General Term.

June 20, 1894.)

Pleading—Answer—Sufficiency on Demurrer.

Where the answer in an action by a seller against the buyer for breach of contract of sale sets up a counterclaim for damages by reason of plaintiff’s failure to deliver the goods, it is sufficient on demurrer, and a more specific statement of the nature of the counterclaim can only be obtained by a bill of particulars.

Appeal from special term.

Action by Charles E. Bidwell and others against Daniel E. Shaw and others. From two orders overruling demurrers, and from an interlocutory judgment entered thereon, plaintiffs appeal.

Affirmed.

*605Argued before NEWBÜRGER and CONLAN, JJ.

Norwood & Billy, for appellants.

Francis A. Wilson, for respondents.

CONLAN, J.

This is an appeal from one interlocutory judgment entered upon an order overruling two demurrers to counterclaims set in the answer herein.

The complaint alleges a contract in writing between plaintiffs and defendants to the effect that defendants were to receive at a fixed price a certain quantity of gambler to be shipped at Singapore during the months of April, May, June, July, and August, 1893, per sailing vessel, to the port of New York,—“no arrival, no sale.” The complaint further alleges the arrival of the gambler as provided for in the contract, the refusal of the defendants to receive or accept the same after notice and tender by the plaintiffs, and demands judgment for damages sustained in labor, endurance, brokerage, storage, interest, etc., growing out of said refusal to perform on the part of the defendants. The answer of the defendants admits the contract and the arrival of the gambler, and alleges a willingness on their part to perform the contract according to its terms. Further answering, and by way of counterclaim, they allege a refusal on the part of the plaintiffs to perform their part of the contract by a delivery or an offer to deliver the merchandise contracted for, and claim damages generally therefor. Plaintiffs demur to said counterclaims on the ground that they do not state sufficient facts to constitute a cause of action. In this we think the plaintiffs are in error. The breach of the contract by the plaintiffs, if established, is sufficient in itself to entitle the defendants to damages, but the nature, character, or measure of damages to which the defendants may be entitled is for the court and jury at trial term. If the plaintiffs desire to be more specifically advised as to the nature of defendants’ claim for damages, they may move for a bill of the particular items composing such claim, but their remedy is not by demurrer. The order of June 11th, overruling the demurrers and the interlocutory judgment thereon, should be affirmed, with costs.
| (1)   | the                Annual Report on Form 10-KSB of PrimePlayer Incorporated for the                year                ended December 31, 2003 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 Annual Report on Form 10-KSB for the                year                ended December 31, 2003, fairly presents in all material respects,                the                financial condition and results of operations of PrimePlayer                Incorporated. |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   By: |   /s/  Alexander                Gilliland                                   |   |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|  Name:     |  Alexander                Gilliland                                                                                                                                                                                                                                  |
|  Title:    |  Principal                Executive Officer,Principal                Financial Officer and Director                                                                                                                                                                  |
|  Date:     |  May                25, 2006                                                                                                                                                                                                                                         |
EXHIBIT 12.1

   SECTION 302 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL
                                     OFFICER

I, John A.A. James, President and Chief Executive Officer of Aurora Metals (BVI)
Limited, certify that:

1) I have reviewed this Annual Report on Form 20-F of Aurora Metals (BVI)
Limited;

2) Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3) Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the Company as of,
and for, the periods presented in this report;

4) The Company's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and have:

     a) designed such disclosure controls and procedures, or caused such
     disclosure controls and procedures to be designed under our supervision, to
     ensure that material information relating to the Company, including its
     consolidated subsidiaries, is made known to us by others within those
     entities, particularly during the period in which this report is being
     prepared;

     b) evaluated the effectiveness of the Company's disclosure controls and
     procedures and presented in this report our conclusions about the
     effectiveness of the disclosure controls and procedures, as of the end of
     the period covered by this report based on such evaluation; and

     c) disclosed in this report any change in the Company's internal control
     over financial reporting that occurred during the period covered by this
     annual report that has materially affected, or is reasonably likely to
     materially affect, the Company's internal control over financial reporting;
     and

5) The Company's other certifying officers and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
Company's auditors and the audit committee of the Company's board of directors
(or persons performing the equivalent functions):

     a) All significant deficiencies in the design or operation of internal
     controls over financial reporting which are reasonably likely to adversely
     affect the Company's ability to record, process, summarize and report
     financial information; and

     b) Any fraud, whether or not material, that involves management or other
     employees who have a significant role in the Company's internal control
     over financial reporting.

Date: July 14, 2006                    (s)John A.A. James
                                       ------------------
                                       John A.A. James
                                       President and Chief Executive Officer
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-19-00002-CV

ROBERT YORK PETTIT, JEFFREY YORK PETTIT, INDIVIDUALLY AND AS TRUSTEE 

OF THE BIG HORN PHALANX TRUST, JOSEPH AUSTIN PETTIT AND EMILY ANNE 

PETTIT COVEY, Appellants

V.

MARILYN EILEEN PETTIT TABOR, Appellee

On Appeal from the 8th District Court

Delta County, Texas

Trial Court No. 10985

Before Morriss, C.J., Burgess and Stevens, JJ.
2

O RDER

Robert York Pettit, Jeffrey York Pettit, individually and as trustee of the Big Horn Phalanx 

Trust, Joseph Austin Pettit, and Emily Anne Pettit Covey (collectively Pettit) filed a motion 

requesting that this Court review the supersedeas bond in connection with their appeal of the trial 

court’s judgment. See TEX. R. APP. P. 24.4. Pettit claimed that the trial court’s order set an 

excessive bond amount of $100,000.00 to supersede the underlying judgment. After reviewing 

the motion, appellee’s response, the attached exhibits, and the hearing record from the trial court, 

we conclude that we have an insufficient basis upon which to review the trial court’s decision. 

The judgment covered by the bond consists of a money judgment, costs, and the recovery 

by the appellee of a fifty percent interest in two tracts of land. The trial court’s bond with respect 

to the recovery of an interest in real property is governed by Rule 24.2(a)(2)(A). See TEX. R. APP.

P. 24.2(a)(2)(A).1 Although evidence at the bond hearing established the value of the property 

interest’s rent or revenue, the bond required to secure that portion of the judgment exceeds the 

amount of the rent or revenue by approximately seven times. Nothing in the record before us 

demonstrates the facts that led the trial court to conclude that $100,000.00 was an appropriate 

amount for the supersedeas bond. 

We, therefore, abate this appeal and remand this case to the trial court for the entry of 

findings of fact to support the necessity of the bond amount attributed to appellee’s recovery of an 

 1

“When the judgment is for the recovery of an interest in real . . . property, the trial court will determine the type of 

security that the judgment debtor must post. The amount of that security must be at least . . . the value of the property 

interest’s rent or revenue . . . .” TEX. R. APP. P. 24.2(a)(2)(A). 
3

interest in real property. See TEX. R. APP. P. 24.2(d). The court’s findings should be filed in this 

Court in a supplemental clerk’s record within twenty days of the date of this order. 

In light of this order of abatement and remand, this Court hereby stays execution and 

enforcement of the judgment pending further orders of this Court. See TEX. R. APP. P. 24.4(c). 

During the pendency of this abatement, Pettit shall not act or fail to act in any way that might 

jeopardize or impair the property awarded to the appellee in the trial court’s judgment, including 

any act to change ownership or title to that property.

All appellate timetables are stayed and will resume on our receipt of the supplemental 

record.

IT IS SO ORDERED.

BY THE COURT

Date: June 6, 2019
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 15-11

IN RE: RECALL OF SENIOR JUDGE

O R D E R

WHEREAS the Court has been receiving a significant number of Notices of Appeal every

month, as well as numerous motions and other filings, and 

WHEREAS appeals, motions, and other filings with the Court deserve timelyjudicial review

and decision, and 

WHEREAS the Chief Judge of the Court pursuant to 38 U.S.C. § 7257(b)(1) may recall

Senior Judges of the Court who have retired but who have agreed to be available for such recall

when their service is needed by the Court, and 

WHEREAS the Chief Judge of the Court has determined that the service of a Senior Judge

is needed by the Court and, if recalled, that Senior Judge would perform judicial duties and provide

substantial service to the Court, and 

WHEREAS Senior Judge Donald L. Ivers has consented to be available for recall as needed

by the Court,

THEREFORE, it is

ORDERED that, effectiveSeptember 12, 2011, Judge Donald L. Ivers is recalled from retired

status to have and to exercise all of the judicial powers and duties of the office of a Judge in active

service and to otherwise perform substantial service with the Court as requested by the Chief Judge. 

Judge Ivers shall serve until the Chief Judge of the Court determines that his service is no longer

needed or for a period of time not to exceed 90 days, whichever is sooner, unless extended by the

Chief Judge with the consent of Judge Ivers.

DATED: September 6, 2011 BY THE COURT:

Bruce E. Kasold

Chief Judge
Exhibit
10.5

      


      Money4Gold
Holdings, Inc.

      595
S. Federal Highway, Suite 600

      Boca
Raton, Florida 33432

      


      December
1, 2009

      


      Mr.
Douglas Feirstein

      595 S.
Federal Highway

      Suite
600

      Boca
Raton, Florida 33432

      


      Re:       
Salary Amendment

      


      Dear Mr.
Feirstein:

      


      This letter agreement amends your
current employment agreement (the “Employment Agreement”) with Money4Gold
Holdings, Inc. by increasing your annual salary to $275,000, effective December
1, 2009, and to $300,000, effective June 1, 2010.

      


      All other
terms and conditions of your Employment Agreement shall remain in full force and
effect.  Please sign below acknowledging your acceptance to the
amended salary terms above.

      


      
        
          	
                  Sincerely
      yours,

                
	 
      
	
                  /s/
      Daniel Brauser

                
	
                  Daniel
      Brauser

                
	
                  Chief
      Financial Officer

                


        

      

      


      I agree
to the above terms:

      


      
        
          	
                  /s/ Douglas Feirstein

                
	
                  Douglas
      Feirstein
EXHIBIT 99.5



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 Q.E.P. Co., Inc. (the Company) on Form 10-K for the year ending February 28, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Marc P. Applebaum, Senior Vice President and Chief Financial Officer of the Company, certify, 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.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                
|----------------------------------------------------------------
|/s/ Marc P. Applebaum                                           
|Marc Applebaum Senior Vice President and Chief Financial Officer



May 26, 2003



A signed original of this written
statement required by Section 906 has been provided to Q.E.P. Co., Inc. and will be retained by Q.E.P. Co., Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, August 11, 2016.

I certify that the above is a true extract from the minutes of

the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, August 11, 2016

The Court of Appeals hereby passes the following order

A16D0468. IN THE INTEREST OF: C. L. AND N. L., CHILDREN (MOTHER AND

FATHER) .

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be

hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this

order. The Clerk of Juvenile Court is directed to include a copy of this order in the record

transmitted to the Court of Appeals.

LC NUMBERS:

16JV05 16JV06
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          16,745
<SECURITIES>                                         0
<RECEIVABLES>                                      343
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                18,830
<PP&E>                                           8,375
<DEPRECIATION>                                   1,192
<TOTAL-ASSETS>                                  28,997
<CURRENT-LIABILITIES>                            3,088
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            96
<OTHER-SE>                                      17,089
<TOTAL-LIABILITY-AND-EQUITY>                    28,997
<SALES>                                          1,745
<TOTAL-REVENUES>                                 1,745
<CGS>                                                0
<TOTAL-COSTS>                                    2,647
<OTHER-EXPENSES>                                23,413
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 732
<INCOME-PRETAX>                               (24,557)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (24,557)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (24,557)
<EPS-PRIMARY>                                   (1.96)
<EPS-DILUTED>                                   (1.96)
        

</TABLE>
ContiFinancial Corporation
Calculation of Earnings Per Share
For the three months ended June 30, 1999


<TABLE>
<CAPTION>
<S>                                                                     <C>
Basic and Diluted Computation for the three months ended June 30,1999

Weighted average shares outstanding:

  Common stock excluding shares relating to employee incentive plans       45,432,465

  Vested Restricted Shares Outstanding during the Quarter                   1,016,223
                                                                        -------------
Weighted Average Shares Outstanding                                        46,448,688
                                                                        -------------
Quarter income (loss)                                                   ($237,717,000)
                                                                        -------------
Basic and Diluted Earnings Per Share                                           ($5.12)
                                                                        =============
</TABLE>