In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: (3) the de fendant’s culpability in the fraud perpetrated by the controlled person. See Securities & Exchange Com’n v. First Jersey Securities, Inc., 101 F.3d 1450, 1472 (2d Cir.1996). First, as the Court has found, plaintiffs have failed properly to plead a violation of the 1934 Act. Second, as we also have noted, plaintiffs have failed properly to allege scienter and/or culpability on the part of “Merrill Lynch.” Even had we found a properly pled violation of the 1934 Act, we would not automatically impute this violation to “Merrill Lynch” as a controlling entity. See Baesa, 969 F.Supp. at 242 (“[T]he law in this circuit is clear that a subsidiary’s fraud cannot be automatically imputed to its corporate parent.”). See also Chill v. General Elec. Co., 101 F.3d 263, 270 (2d Cir.1996) (<HOLDING>). Novak, 997 F.Supp. at 435. Finally the Court 
 Holding statements: (A) holding that a parent must exercise some control over the subsidiarys activities which does not require that the subsidiary be controlled to an ultimate degree by its parent  although something more than mere passive investment by the parent is required the parent must have and exercise control and direction  over the affairs of its subsidiary in order for venue to be proper (B) holding that district court has the power to decide what portion of subsidiarys income should be reallocated to its parent (C) holding that a parent company would at the very least have to have been deliberately blind to its subsidiarys fraud in order to have the requisite scienter (D) holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible (E) holding that a subsidiarys contacts can be imputed for purposes of service of process where a parent uses the subsidiary to do what it otherwise would have done itself 
[A]: (C)


[Q]: blood from 116 unrelated Korean individuals); Jeanne M. Hayes et al. & Maya Freund, “Arab Population Data on the PCR-Based loci: HLADQA1, LDLR, GYPA, HBGG, D758, Gc and D1S80,” 40 J. Forensic Sci. 888 (1995) (collecting ninety-four blood samples from unrelated Arabs); see also Pope, supra, 220 Ill.Dec. at 312, 672 N.E.2d at 1324 (finding that “[b]ecause the PCR polymarker systems are two allele or three allele, the FBI may rely on a smaller database. Thus, the PCR Caucasian database contains only 145 individuals”). Second, the trial court found that the underlying databases were reliable. In light of that finding, questions regarding the size of a database go to the weight of the evidence, not its admissibility. See People v. Adams, 195 Mich.App. 267, 489 N.W.2d 192, 198 (1992) (<HOLDING>), modified in part on other grounds, 441 Mich. 
 Holding statements: (A) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (B) holding that allegations of tampering went to the weight of the evidence rather than to its admissibility (C) holding statistical conclusions admissible and questions regarding the size of a tests database goes to the weight not admissibility of the evidence (D) holding that in face of expert testimony that database was valid questions concerning size of database and statistical conclusions drawn from it went to weight not admissibility of evidence (E) holding that questions regarding size of fbis population databases was matter of weight once principle that frequency calculations could be made from an adequate database was determined to be generally accepted
[A]: (D)


[Q]: are free to employ counsel of their own choice and the courts are afforded little leeway in interfering with that choice.” United States v. Cox, 580 F.2d 317, 321 (8th Cir.1978) (citation omitted). However, we have recognized: [t]here are times when an accused’s right to counsel of choice must yield to a greater interest in maintaining high standards of professional responsibility in the courtroom. The trial court may therefore disqualify counsel if necessary to preserve the integrity, fairness, and professionalism of trial court proceedings. Vanover, 559 N.W.2d at 626 (citation omitted) (emphasis added) (affirming the district court’s disqualification of the defendant’s attorney whom the State intended to call as a witness); see also State v. Powell, 684 N.W.2d 235, 242 (Iowa 2004) (<HOLDING>). Indeed, when a defendant’s counsel of choice 
 Holding statements: (A) recognizing the conflict (B) holding that prejudice is only presumed if there is proof of an actual conflict of interest (C) holding that the lower court had inappropriately granted relief based on the existence of a possible conflict and explaining an actual conflict is required (D) recognizing conflict (E) holding the existence of a possible conflict required remand for a determination of whether an actual conflict of interest existed and holding a new trial would be required if an actual conflict existed
[A]:
(E)