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.

misconduct “that has affected the grand jury’s charging decision and is brought to the attention of the trial court before the commencement of trial”). The defendant suggests that Benjamin should not be applied retroactively to bar her claim. See Chevron Oil Co. v. Huson, 404 U.S. 97, 106-07, 92 S.Ct. 349, 355, 30 L.Ed.2d 296 (1971) (setting forth a three-part test for determining whether a judicial decision should be applied retroactively). We sympathize with the defendant’s belief that retroactive application of Benjamin to preclude any appeal would “pro duce substantial inequitable results.” Id. at 107, 92 S.Ct. at 355 (quoting Cipriano v. City of Houma, 395 U.S. 701, 706, 89 S.Ct. 1897, 1900, 23 L.Ed.2d 647 (1968)); cf. Gibson v. United States, 781 F.2d 1334, 1339-40 (9th Cir.1986) (<HOLDING>), cert. denied, _ U.S. _, 107 S.Ct. 928, 93 
 Holding statements: (A) holding that a shortened statute of limitations should not be applied retroactively as to bar otherwise valid civil claims (B) holding that annulment of the automatic stay can be retroactively applied to validate proceedings that otherwise would be void (C) holding amendment to statute of limitations was a procedural amendment to be applied retroactively in a medical malpractice case (D) holding statute that extended statute of limitations for certain criminal sexual conduct could not be applied retroactively to a prosecution commenced after the limitations statute in effect at the time of the alleged offense had expired (E) holding generally that new rules of law should not be applied retroactively in habeas corpus cases
holding that annulment of the automatic stay can be retroactively applied to validate proceedings that otherwise would be void

Abreu’s App. at 1878.) The defendants do not challenge now, nor did they contest at trial, the accuracy of these statements as related to the bank statements. The declaration that the bank statements were kept in the ordinary course of the banks’ businesses did not add to the Government’s case against the defendants for submitting false loan applications. It was the information contained in the bank statements themselves, which is not contested on appeal, that the Government relied upon to make its case. The authenticity of the bank statements has never been challenged, and the admission of the statements contained in the Rule 902(11) Certifications as related to the bank statements simply had no effect on the verdict. Cf. United States v. Reifler, 446 F.3d 65, 87 (2d Cir.2006) (<HOLDING>); Government of Virgin Islands v. Joseph, 964 
 Holding statements: (A) holding erroneous admission of evidence not harmless beyond a reasonable doubt where the only other evidence against defendant was the uncorroborated testimony of a cooperating witness of questionable credibility (B) holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt (C) holding the admission of plea allocutions of codefendants to be harmless against a crawford challenge where the government did not emphasize the allocutions which were used only as corroboration for other evidence showing the existence of an enterprise in a rico case (D) holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record (E) holding that trial courts error in failing to sua sponte give instruction was harmless because state did not emphasize this evidence in closing argument and evidence of appellants guilt was otherwise overwhelming
holding erroneous admission of evidence not harmless beyond a reasonable doubt where the only other evidence against defendant was the uncorroborated testimony of a cooperating witness of questionable credibility

own participation in the speech of others. Where public property is a traditional or designated public forum, the government is limited as to what restrictions it can impose, despite the fact that the government is, in effect, subsidizing the speech and participating in it by giving speakers use of the public property. Further, as Forbes makes clear, at least in the context of broadcast political debates, where the government offers its resources to third parties for transmission of those parties’ communica tions “with minimal intrusion” by the government, the government may not engage in viewpoint discrimination even in a private forum. See id. at 1640; see also Rosenberger v. Rector and Visitors of the University of Virginia, 515 U.S. 819, 834, 115 S.Ct. 2510, 132 L.Ed.2d 700 (1995) (<HOLDING>) In these types of cases, however, the essence 
 Holding statements: (A) holding that an identity of interest existed between the university and one of its doctors because the university took steps to provide counsel for the doctor and required that all communications concerning the plaintiffs claim be sent to the universitys risk management attorney or to the doctors counsel (B) recognizing private right of action (C) holding that speech addressing a private interest within a letter containing matters of public interest was protected and noting that we have emphasized that speech of public importance is only transformed into a matter of private concern when it is motivated solely by the speakers personal interests quotations omitted (D) holding that if university expends funds to encourage a diversity of views from private speakers then universitys right to control its own speech not at issue (E) holding student activity fees not to be state funds when they were segregated from university funds and the state treasury

holding that an identity of interest existed between the university and one of its doctors because the university took steps to provide counsel for the doctor and required that all communications concerning the plaintiffs claim be sent to the universitys risk management attorney or to the doctors counsel