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" ... (3) With respect to the borrowing or lending arrangements described in paragraph (a)(2)(B) above, a member’s written procedures may indicate that registered persons are not required to notify the member or receive member approval either prior to or subsequent to entering into such borrowing or lending arrangements, provided that, the loan has been made on commercial terms that the customer generally makes available to members of the general public similarly situated as to need, purpose and creditworthiness. For purposes of this subparagraph, the member may rely on the registered person’s representation that the terms of the loan meet the above-described standards. ... "
" ... (B) the covered entity accepts or accepted the offer of the Administrator with respect to an approved loan described in subparagraph (A); or ... "
" ... (B) CALCULATION OF AVERAGE NUMBER OF EMPLOYEES.—For purposes of subparagraph (A), the average number of full-time equivalent employees shall be determined by calculating the average number of full-time equivalent employees for each pay period falling within a month.” ... "
" ... Again, there is no mention of “state law” anywhere in subparagraph (a) of the Wire Act. Now, compare that with the other federal gambling laws cited by the Supreme Court in the Murphy opinion. In contrast to the Wire Act, the Illegal Gambling Business Act, the Interstate Transportation of Gambling Paraphernalia Act, and the Travel Act each expressly require that there be an underlying violation of state or local law in order to give rise to a federal criminal prosecution. See 18 U.S.C. § 1955(b)(1) (An “illegal gambling business” means, in relevant part, a gambling business which “is a violation of the law of the State or political subdivision in which it is conducted. . . .”); 18 U.S.C. § 1953(b) (“This Section shall not apply to . . . the transportation of betting materials to be used in the placing of bets or wagers on a sporting event into a State in which such betting is legal under the statutes of that State.”); 18 U.S.C. § 1952(a)(3) & (b)(1) (makes it a federal offense to travel in interstate commerce with the intent to promote or facilitate the promotion of any unlawful activity, including “any business enterprise involving gambling . . . in violation of the laws of the State in which they are committed . . .”) ... "
" ... and who either during the course of any such travel or use or thereafter performs or attempts to perform any other overt act for any purpose specified in subparagraph (A), (B), (C), or (D) of this paragraph - [1] ... "