alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
II-01184

From:

Sent:

To:

Subject:

Dave Clemson Jr <dclemson@gmail.com>

Wednesday, December 1, 2010 6:33 PM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC RIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (RIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Dave Clemson Jr

32045 Sterling Hwy

Anchor Point, AK 99556
# C_2010051EN.01003501.xml

| 27.2.2010 | EN | Official Journal of the European Union | C 51/35 |
| --- | --- | --- | --- |

27.2.2010

EN

Official Journal of the European Union

C 51/35

---

Appeal brought on 9 December 2009 by Petrus Kerstens against the judgment of the Civil Service Tribunal delivered on 29 September 2009 in Case F-102/07, Kerstens v Commission

(Case T-498/09 P)

2010/C 51/67

Language of the case: French

Parties

Parties

Appellant: Petrus Kerstens (Overijse, Belgium) (represented by C. Mourato, lawyer)

Appellant:

Other party to the proceedings: European Commission

Other party to the proceedings:

Form of order sought by the appellant

Form of order sought by the appellant

| — | Set aside the judgment under appeal; |
| --- | --- |

—

Set aside the judgment under appeal;

| — | Refer the case back to the Civil Service Tribunal of the European Union; |
| --- | --- |

—

Refer the case back to the Civil Service Tribunal of the European Union;

| — | Order the Commission to pay the costs. |
| --- | --- |

—

Order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

By this appeal, the appellant requests the Court to set aside the judgment of the Civil Service Tribunal (CST) of 29 September 2009, delivered in Case F-102/07 Kerstens v Commission, by which the CST dismissed as unfounded an action seeking the annulment of various Commission decisions concerning the award to the applicant of directorate general priority points (PPDG) and/or priority points in recognition of additional tasks carried out in the interests of the institution (PPII) under the 2004, 2005 and 2006 promotion exercises.

Kerstens

Commission

In support of his appeal, the applicant submits two grounds of appeal alleging

| — | that the CST erred in law in the application of the principle of equal treatment, of Article 5 of the General Provisions for implementing Article 45 of the Staff Regulations and of the criteria laid down by the director of the Office for the Administration and Payment of Individual Entitlements in respect of the award of priority points for the 2005 promotion exercise under the abovementioned provision, and that the evidence was distorted; |
| --- | --- |

—

that the CST erred in law in the application of the principle of equal treatment, of Article 5 of the General Provisions for implementing Article 45 of the Staff Regulations and of the criteria laid down by the director of the Office for the Administration and Payment of Individual Entitlements in respect of the award of priority points for the 2005 promotion exercise under the abovementioned provision, and that the evidence was distorted;

| — | that the rights of the defence were not observed in so far as the CST based its decision on an alleged extract from a 2004 Career Development Report which was not produced and could not be challenged by the parties. |
| --- | --- |

—

that the rights of the defence were not observed in so far as the CST based its decision on an alleged extract from a 2004 Career Development Report which was not produced and could not be challenged by the parties.

---
II-00277

From:

Sent:

To:

Subject:

Rosemary Graham-Gardner <liaisonsus@aol.com>

Thursday, December 2, 2010 2:46 PM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC PIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (PIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Rosemary Graham-Gardner

P.O.Box 3335

Manhattan Beach, CA 90266
In Re John B. BELL, petitioner.

No. 17-7702.

Supreme Court of the United States

April 16, 2018.

Petition for writ of mandamus denied.
Juan Francisco VEGA, petitioner, v. FLORIDA.

No. 16-9297.

Supreme Court of the United States

Oct. 2, 2017.

Petition for writ of certiorari to the District Court of Appeal of Florida, Third District denied.
# C_2012250EN.01000301.xml

| 18.8.2012 | EN | Official Journal of the European Union | C 250/3 |
| --- | --- | --- | --- |

18.8.2012

EN

Official Journal of the European Union

C 250/3

---

Judgment of the Court (Third Chamber) of 21 June 2012 (reference for a preliminary ruling from the Nejvyšší soud České republiky — Czech Republic) — Wolf Naturprodukte GmbH v SEWAR spol. s r.o.

(Case C-514/10) (1)

1

(Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation (EC) No 44/2001 - Temporal scope - Enforcement of a judgment delivered before the accession of the State of enforcement to the European Union)

2012/C 250/04

Language of the case: Czech

Referring court

Referring court

Nejvyšší soud České republiky

Parties to the main proceedings

Parties to the main proceedings

Applicant: Wolf Naturprodukte GmbH

Applicant:

Defendant: SEWAR spol. s r. o.

Defendant:

Re:

Re:

Reference for a preliminary ruling — Nejvyšší soud České republiky — Interpretation of Article 66(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Temporal scope — Enforcement of a judgment delivered before the accession of the State of enforcement to the European Union

Operative part of the judgment

Operative part of the judgment

Article 66(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, for that regulation to be applicable for the purpose of the recognition and enforcement of a judgment, it is necessary that at the time of delivery of that judgment the regulation was in force both in the Member State of origin and in the Member State addressed.

---

(1)  OJ C 13, 15.11.2011.

1

---
HILLCREST LABORATORIES, INC., petitioner, v. MOVEA, INC.

No. 17-39.

Supreme Court of the United States

April 30, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
ACCOMPANYING CONSOLIDATED FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           7,918
<SECURITIES>                                         0
<RECEIVABLES>                                   41,546
<ALLOWANCES>                                     1,966
<INVENTORY>                                     58,721
<CURRENT-ASSETS>                               113,925
<PP&E>                                          46,681
<DEPRECIATION>                                   8,981
<TOTAL-ASSETS>                                 525,736
<CURRENT-LIABILITIES>                           84,676
<BONDS>                                        310,581
<PREFERRED-MANDATORY>                           41,178
<PREFERRED>                                          0
<COMMON>                                            36
<OTHER-SE>                                      75,944
<TOTAL-LIABILITY-AND-EQUITY>                   525,736
<SALES>                                        244,048
<TOTAL-REVENUES>                               244,048
<CGS>                                          165,871
<TOTAL-COSTS>                                  219,747
<OTHER-EXPENSES>                                 (199)
<LOSS-PROVISION>                                 1,252
<INTEREST-EXPENSE>                              27,903
<INCOME-PRETAX>                                (3,403)
<INCOME-TAX>                                       952
<INCOME-CONTINUING>                            (4,355)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,355)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
EXHIBIT 3.12



CERTIFICATE OF AMENDMENT TO



CERTIFICATE OF DESIGNATION OF



SERIES D CONVERTIBLE PREFERRED STOCK



($0.01 Par Value)

of



AVATECH SOLUTIONS, INC.



---



Pursuant to Section 151 of the

General Corporation Law of the State of Delaware



---



Avatech Solutions, Inc., a corporation organized and existing under the General Corporation Law of the State of Delaware (the Corporation), in
accordance with the provisions of Section 103 thereof, DOES HEREBY CERTIFY:



FIRST: That pursuant to the authority conferred upon the Board of Directors by the Amended and Restated Certificate of Incorporation of the Corporation, the Board of Directors of the Corporation adopted the
following resolution, increasing the number of shares of the Corporations Series D Convertible Preferred Stock, par value $0.01, designated by the Corporation on November 18, 2003, to one million, two hundred and ninety-seven thousand, five
hundred and thirty-seven (1,297,537):



RESOLVED: That, provided that and immediately after all of the holders of Series C Preferred Stock convert such shares

to Series D Preferred Stock, in accordance with the provisions of Article SIXTH, Section 2 of the Corporations Amended

and Restated Certificate of Incorporation, the number of shares





---

designated as Series C Convertible Preferred Stock shall be reduced to zero (0), which reduction does not change any of the voting powers, preferences and
relative, participating, optional and other special rights of the shares of the Series C Convertible Preferred Stock, that the number of shares designated as Series D Convertible Preferred Stock shall be increased to the maximum available, and that
the Chief Executive Officer and the Secretary of the Corporation be, and they hereby are, authorized and directed, in the name and on behalf of the Corporation, to file amendments to the Certificate of Designations of Series C Convertible Preferred
Stock and Series D Convertible Preferred Stock in substantially the form attached hereto as Exhibit B and in accordance with the provisions of the Delaware General Corporation Law, and to take such actions as they may deem necessary or
appropriate to carry out the intent of the foregoing.



SECOND: That the aforesaid resolution was duly and validly adopted in accordance with the applicable provisions of Section 151 of the General Corporation Law of the State of Delaware and the Amended and Restated Certificate of
Incorporation and the By-Laws of the Corporation.



THIRD: That the aforesaid amendment shall become effective upon the filing of this Certificate with the office of the Secretary of State of the State of Delaware.



IN WITNESS WHEREOF, said Avatech Solutions, Inc. has caused this Certificate to be executed and attested, this 23rd day of
December, 2003.



AVATECH SOLUTIONS, INC.By:

/s/Donald R. WalshChief Executive Officer




Attest:/s/Beth O. MacLaughlin, Secretary
**Exhibit 15(A)7**

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

We consent to the incorporation by reference in RegistrationStatement Nos. 333-12958, No. 333-11288, No. 333-118619 and No. 333-123666 of CDC Corporation and subsidiaries on Form S-8 of our report dated June 20, 2006 (which report expresses an unqualified opinion and includes anexplanatory paragraph relating to the restatement of the previously issued consolidated financial statements because of correction of misstatements, and our report is dated June 29, 2007 as to the effects of this restatement), relating to theconsolidated financial statements of the Equity Pacific Limited and its subsidiaries as of and for the year ended December 31, 2005, appearing in this Annual Report on Form 20-F/A of CDC Corporation and subsidiaries for the year endedDecember 31, 2005. 

/s/ Deloitte Touche Tohmatsu 

Deloitte Touche Tohmatsu 

Hong Kong 

June 27,2007
I 

116TH CONGRESS 

1ST SESSION H. R. 388 

To update thresholds for certain currency transaction reports and suspicious 

activity reports, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2019 

Mr. LOUDERMILK (for himself, Mr. TIPTON, and Mr. EMMER) introduced the 

following bill; which was referred to the Committee on Financial Services 

A BILL 

To update thresholds for certain currency transaction reports 

and suspicious activity reports, and for other purposes. 

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 ‘‘Financial Reporting 

5 Threshold Modernization Act’’. 

6 SEC. 2. UPDATING THRESHOLDS FOR CERTAIN CURRENCY 

7 TRANSACTION REPORTS AND SUSPICIOUS 

8 ACTIVITY REPORTS. 

9 (a) THRESHOLDS FOR CERTAIN CURRENCY TRANS10 ACTION REPORTS.— 


pbinns on DSK79D2C42PROD with BILLS
2 

•HR 388 IH

1 (1) IN GENERAL.—Not later than the end of 

2 the 180-day period beginning on the date of the en3 actment of this Act, the Secretary of the Treasury 

4 shall revise regulations issued with respect to section 

5 5313 of title 31, United States Code, to update each 

6 $10,000 threshold amount in such regulations to 

7 $30,000. 

8 (2) THRESHOLD FOR REPORTS RELATING TO

9 COINS AND CURRENCY RECEIVED IN NONFINANCIAL

10 TRADE OR BUSINESS.—Section 5331 of title 31, 

11 United States Code, is amended by striking 

12 ‘‘$10,000’’ each place such term appears in heading 

13 or text and inserting ‘‘$30,000’’. 

14 (b) THRESHOLDS FOR SUSPICIOUS ACTIVITY RE15 PORTS.—Not later than the end of the 180-day period be16 ginning on the date of the enactment of this Act, each 

17 Federal department or agency that issues regulations with 

18 respect to reports on suspicious transactions described 

19 under section 5318(g) of title 31, United States Code, 

20 shall update each $5,000 threshold amount in such regula21 tions to $10,000 and each $2,000 threshold amount in 

22 such regulation to $3,000. 

23 (c) UPDATING THE MONEY SERVICES BUSINESS

24 DEFINITION THRESHOLDS.—Not later than the end of the 

25 180-day period beginning on the date of the enactment 


pbinns on DSK79D2C42PROD with BILLS
3 

•HR 388 IH

1 of this Act, the Secretary of the Treasury shall revise sec2 tion 1010.100(ff) of title 31, Code of Federal Regulations, 

3 to update each $1,000 threshold amount in such regula4 tions to $3,000. 

Æ 


pbinns on DSK79D2C42PROD with BILLS
**EXHIBIT        32.1**

**HERBORIUM        GROUP, INC.**

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

|   | 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 results of operations of the                Company. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                February 28, 2008                                                                                                                  |   |   |   |
|---------------------------------------------------------------------------------------------------------------------------------------------------------|--------|--------|--------|
|                                                                                                                                                    |   |   |   |
| */s/                Agnes Olszewski*                                                                                                                    |   |   |        |
| *Agnes                Olszewski*                                                                                                                        |   |   |        |
| *Chief                Executive Officer (Principal Executive Officer) and* *Chief                Financial Officer (Principal Accounting Officer)* |   |   |        |

----
Montavis MIDDLETON, petitioner, v. UNITED STATES.

No. 17-6343.

Supreme Court of the United States

March 19, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
I 

116TH CONGRESS 

1ST SESSION H. R. 3715 

To amend the Fair Labor Standards Act of 1938 to prohibit employers 

from keeping employees’ tips to cover the cost of financial transaction fees. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2019 

Ms. GARCIA of Texas introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To amend the Fair Labor Standards Act of 1938 to prohibit 

employers from keeping employees’ tips to cover the cost 

of financial transaction fees. 

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 ‘‘Protecting Employees 

5 Tips Act’’. 

6 SEC. 2. PROHIBITION ON KEEPING TIPS TO COVER FINAN7 CIAL TRANSACTION FEES. 

8 Section 3(m)(2)(B) of the Fair Labor Standards Act 

9 of 1938 (29 U.S.C. 203(m)(2)(B)) is amended by insert10 ing ‘‘, or keeping any portion of employees’ tips to cover 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 3715 IH

1 the cost of any fee established, charged, or received by 

2 a payment card network for the purpose of compensating 

3 an issuer for its involvement in a transaction in which a 

4 person uses a debit card or credit card (as the terms ‘debit 

5 card’, ‘credit card’, ‘issuer’, and ‘payment card network’ 

6 are defined in section 921(c) of the Electronic Fund 

7 Transfer Act (15 U.S.C. 1693o–2(c)))’’ after ‘‘employees’ 

8 tips’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS
Brian Lee KRZECZOWSKI, petitioner, v. UNITED STATES.

No. 17-7835.

Supreme Court of the United States

March 26, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
Robert L. JARRETT, Jr., petitioner, v. CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES, et al.

No. 17-607.

Supreme Court of the United States

April 16, 2018.

Petition for rehearing denied.
II-O0711

From:

Sent:

To:

Subject:

Priscilla Carlson <pbc@hhw.com>

Thursday, December 2, 2010 12:15 PM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC RIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (RIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Priscilla Carlson

2607 NE Mason Street

Portland, OR 97211-6543
In the Matter of DISCIPLINE OF Thomas Allen CRAWFORD, Jr.

No. D-3017.

Supreme Court of the United States

April 2, 2018.

Thomas Allen Crawford, Jr., of Pittsburg, Pennsylvania, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.