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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: rule is limited to questions that seek evidence about the informant’s police sanctioned conduct in apprehending a suspect, then the informant’s claim of privilege under such circumstances would be spurious. In this context he is immune from prosecution. We believe that this is the correct limitation because Norman is premised on a line of cases holding that state agents are not accomplices to illegal conduct of which they are charged to discover. Norman quotes Ex parte Turner, 545 S.W.2d 470 (Tex.Cr.App.1977) for the proposition that the law is well settled that if an informant is acting as a state agent, then the informant’s claim of privilege under the Fifth Amendment is spurious. Id. at 344. In turn, Turner, supra, is premised upon Woodward v. State, 490 S.W.2d 850 (Tex.Cr.App.1973) (<HOLDING>). See also, Vela v. State, 373 S.W.2d 505 
 Holding statements: (A) holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred (B) holding that an undercover agent is not an accomplice as long as the agent does not bring about the crime but merely obtains evidence to be used against those engaged in crime (C) holding that expert testimony of irs agent regarding tax liability did not usurp the function of the jury as agent did not give her opinion about the guilt of the defendant (D) holding that a private citizen acting as undercover agent is not an accomplice witness so long as he does not bring about the crime (E) holding that the employer was not the insurers agent

A: holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred
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Q: of the Supreme Court of Pennsylvania and part of the “unified judicial system,” is an arm of the state. See Callahan v. City of Philadelphia, 207 F.3d 668, 672 (3d Cir.2000) (“All courts and agencies of the unified judicial system ... are part of ‘Commonwealth government’ and thus are state rather than local agencies.”). As a state agency, the Board has Eleventh Amendment immunity. See id. Therefore, as an arm of the state, Lucas may not sue the Board unless one of the three exceptions to Eleventh Amendment immunity apply. See MCI Telcomm. Corp., 271 F.3d at 503 (listing immunity exceptions). On appeal, Lucas argues that the Ex Parte Young exception precludes the bar of the Eleventh Amendment to the present action against the Board. Howe 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) (<HOLDING>). Neither of these exceptions are applicable in 
 Holding statements: (A) holding that the medicaid act does not provide the type of detailed remedial scheme that would supplant an ex parte young action (B) holding that the cwa does not include a remedial scheme sufficient to preclude an ex parte young action (C) holding that a remedial scheme created by congress even if incapable of addressing all of plaintiffs injuries precluded a bivens action (D) holding that existence of a detailed remedial scheme shows congressional intent to prohibit recourse to the ex parte young fiction (E) holding that young will not apply where congress has created a detailed remedial scheme for the enforcement of a federal statutory right against a state

A: holding that the medicaid act does not provide the type of detailed remedial scheme that would supplant an ex parte young action
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Q: to defendant] by the trial judge submitting to the jury, with or without the presence of ... counsel, correct excerpts of limited trial testimony.” Id. at 617. Similarly, other circuits courts of appeal have found that even court staffs ex parte actions regarding the substantive law of the case may be harmless error. Notably, in United States v. Patterson, 644 F.2d 890 (1st Cir.1981), the First Circuit held that a court clerk’s unilateral action to deny the jury’s request to make transcripts of witnesses available to them was not prejudicial because only one witness’ testimony had been transcribed at that time, and it was “improbable” that the judge would have furnished that one transcript anyway. Id. at 897-98. See also United States v. Fulcher, 626 F.2d 985, 989 (D.C.Cir.1980) (<HOLDING>). At the outset, given the controlling 
 Holding statements: (A) holding that sales puffery cannot constitute mail fraud to support rico claim (B) holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud (C) holding that the prosecution may establish the intent element of mail fraud by proving that the defendant was reckless (D) holding direct misrepresentations were not required for mail fraud conviction (E) holding clerks action in giving requested mail fraud and contract documents to jury without consulting counsel or judge was error but defendant was not prejudiced because virtually all exhibits were either contract or mail fraud documents

A:
holding that sales puffery cannot constitute mail fraud to support rico claim
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