(a) the federal prosecution resulted in an acquittal or a conviction as defined in section 704(a) and (c) or was a barring termination under section 704(d) and the subsequent prosecution is based on the name conduct or arose from the same criminal episode, unless (i) the statute defining the offense of which the defendant was formerly convicted or acquitted is Intended to prevent a substantially different harm or evil from the law defining the offense for which he is subsequently prosecuted; or (ii) the second offense was not consummated when the first trial began; or
(b) the federal prosecution was terminated by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition which must be established for conviction of the offense of which the defendant is subsequently prosecuted. In this section, "local" has the meaning prescribed in section 707.