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.

[EX Q]: If a statement does not contain any expressly exculpatory material, the Government need not produce that statement to the defense. To hold otherwise would impose an insuperable burden on the Government to determine what facially non-exculpatory evidence might possibly be favorable to the accused by inferential reasoning. We are confident that the Supreme Court did not intend the Brady holding to sweep so broadly. United States v. Comosona, 848 F.2d 1110, 1115 (10th Cir.1988); see also Harris v. Kuba, 486 F.3d 1010, 1016 (7th Cir.2007) {"Brady does not require that police officers or prosecutors explore multiple potential inferences to discern whether evidence that is not favorable to a defendant could become favorable."); United States v. Marrero, 904 F.2d 251, 261 (5th Cir.1990) (<HOLDING>). The Court finds that just such inferential
Holding statements: (A) holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under rule 38b (B) holding that there is no constitutional duty to do a better investigation and that a decision not to conduct a more thorough investigation does not invade an accuseds rights (C) holding that the burden is on the plaintiff (D) holding that the burden is upon the state under the applicable federal rules of evidence (E) holding that brady does not place any burden upon the government to conduct a defendants investigation or assist in the presentation of the defenses case
[EX A]: holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under rule 38b

[EX Q]: the statute." 167 F.3d at 992 (citing Haun, 90 F.3d at 1100; United States v. Cavalier, 17 F.3d 90, 93 (5th Cir.1994); United States v. Paramo, 998 F.2d 1212, 1217-18 (3d Cir.1993)). See also United States v. Valuck, 286 F.3d 221, 226 (5th Cir.2002) (reaffirming the holding in Cavalier that "the cashing of an illegally obtained check can promote the completion of an underlying unlawful act"). The Federal Express packages at issue in the money laundering counts contained checks fraudulently obtained by IDM. A rational trier of fact could reasonably conclude that the transfer of the checks from Barbados to New York and the negotiation of those checks promoted the underlying mail fraud scheme, and that by facilitating the negotiation of the checks Bo 88831, at *2 (6th Cir. Mar. 17, 1994) (<HOLDING>); United States v. Jackson, 935 F.2d 832, 842
Holding statements: (A) recognizing exception to application requirement when employer does not notify employees of available promotion and does not provide formal mechanism for expressing interest in promotion (B) holding no offense of attempted seconddegree murder where statute allows conviction without proof of intent to kill (C) holding that promotion and concealment are alternative bases for a money laundering conviction proof of intent to accomplish either will suffice (D) holding that it is the fact of concealment and not the intent to conceal that is prohibited under 49 usc 1472f (E) holding that concealment is just one factor to consider and is not a mandatory element
[EX A]: recognizing exception to application requirement when employer does not notify employees of available promotion and does not provide formal mechanism for expressing interest in promotion

[EX Q]: right ... exists." United States v. Testan, 424 U.S. 392, 398, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). Therefore, a plaintiff must identify and plead an independent contractual relationship, constitutional provision, federal statute, or executive agency regulation that provides a substantive right to money damages. Fisher v. United States, 402 F.3d 1167, 1172 (Fed.Cir.2005) (en banc) ("The Tucker Act itself does not create a substantive cause of action; in order to come within the jurisdictional reach and the waiver of the Tucker Act, a plaintiff must identify a separate source of substantive law that creates the right to money damages."). The burden of establishing jurisdiction falls upon the plaintiff. FW/PBS, Inc. v. Dallas, 493 U.S. 215, 231, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990) (<HOLDING>); see also RCFC 12(b)(1). The May 12, 2009
Holding statements: (A) holding that the burden to allege facts sufficient to establish jurisdiction resides with plaintiff (B) holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government (C) holding that the burden is on the plaintiff (D) holding that plaintiff bears the burden to timely allege facts supporting equitable tolling (E) holding that the burden is on the party seeking to exercise jurisdiction by clearly alleging facts sufficient to establish jurisdiction
[EX A]:
holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government