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.
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Question: arm’s-length transaction or from making as prompt or searching investigation as might otherwise be expected. In some situations there is no legal duty to use means available for discovering the fraud.... We are not prepared to say, however, that one in a relationship of trust and confidence is always justified as a matter of law in neglecting every precaution until something occurs to arouse his suspicions. Courseview, 312 S.W.2d at 205; Duthu v. Pena, 228 F.3d 409, 2000 WL 1056126, at *7-9 (5th Cir.2000) (unpublished) (collecting cases). This case presents precisely the sort of intentional concealment of ill-gotten profits (in the face of a duty to disclose such profits) that allows a plaintiff to benefit from equitable estoppel. See Borderlon v. Peck, 661 S.W.2d 907, 908 (Tex.1983) (<HOLDING>);. Gibson v. Burkhart, 650 S.W.2d 185, 188-89 
 Holding statements: (A) holding a cause of action accrues once an injury has occurred and manifested itself (B) holding that because a physician lias a duty to disclose a negligent act or fact that an injury has occurred and physician failed to do so cause of action was deferred until victim learned of the right of action (C) recognizing negligent procurement to be a negligence cause of action (D) recognizing cause of action (E) recognizing the cause of action

Answer: holding a cause of action accrues once an injury has occurred and manifested itself


Question: of common law fraud, it is considered a fraudulent act and is protected by 9(b)). We conclude that 9(b) applies to FCA fraud claims because not only is such a conclusion in accord with other courts and our more recent decisions, but also because its applicability is consistent with the purposes of Rule 9: (1) to inhibit claims that are filed as a pretext to uncover unknown wrongs; (2) to protect defendants from the harm that results from charges of serious wrongdoing; and (3) to give defendants notice of the complained-of conduct, enabling defendants to prepare a defense. Coronet Insurance Co. v. Seyfarth, 665 F.Supp. 661, 666 (N.D.Ill.1987). See also U.S. ex rel. Stinson, Lyons, Gerlin & Bustamante v. Blue Cross Blue Shield of Georgia, Inc., 755 F.Supp. 1055, 1058 (S.D.Ga.1990) (<HOLDING>); U.S. ex rel. Stinson, Lyons, Gerlin & 
 Holding statements: (A) holding a broad claim with no factual support was insufficient to satisfy rule 9b (B) holding that rule 9b applies to fca (C) holding that californias ucl claims are subject to rule 9b pleading standards (D) holding that charge of money laundering need not satisfy rule 9b (E) holding plaintiffs speculations did not satisfy rule 9b requirements

Answer: holding a broad claim with no factual support was insufficient to satisfy rule 9b


Question: the sentence “to show an appropriate measured consequence for the extraordinary breaches of trust,” and to protect others from the risk the Defendant posed. The sentence length was not substantively unreasonable. In light of the Defendant’s criminal history—involving the commission of several similar crimes against similar victims—the revocations of supervision in his 1999 case, and the two revocations in the current case, there is support in the record for the district court’s conclusion that the Defendant represented a danger to his community, and that his repeated violations of supervised release warranted imposition of a more substantial term. These rationales support an upward departure from the Guidelines range. See United States v. Musa, 220 F.3d 1096, 1101 (9th Cir. 2000) (<HOLDING>); United States v. Leonard, 483 F.3d 635, 637 
 Holding statements: (A) holding that a sentencing court did not abuse its discretion in departing from the guidelines range when the record supported the courts conclusion that the defendant was a danger to the community because he had been convicted of a crime that involved a threat against another person (B) holding that district courts decision to exceed the advisory sentencing range in chapter 7 of the sentencing guidelines ussg  7b14 is reviewed for an abuse of discretion (C) holding that despite the advisory nature of the sentencing guidelines they remain the starting point and the initial benchmark of a district courts sentencing analysis the district court should begin all sentencing proceedings by correctly calculating the applicable guidelines range and keep that range in mind throughout the sentencing process and that failing to calculate or improperly calculating the guidelines range  or failing to adequately explain the chosen sentenceemdashincluding an explanation for any deviation from the guidelines range constitutes significant procedural error  (D) holding that restitution is not a proper ground for departing downward from the guidelines range (E) holding the trial court did not abuse its discretion although the defendant had been admonished incorrectly on the punishment range

Answer:
holding that district courts decision to exceed the advisory sentencing range in chapter 7 of the sentencing guidelines ussg  7b14 is reviewed for an abuse of discretion