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02-07-2017, 10:44 PM #31UnregisteredGuest
U.S. marshals seize PBSO deputy’s property to pay shooting victim
LOCAL By Jane Musgrave - Palm Beach Post Staff
VIDEO: Palm Beach deputy stops unarmed black man on bike, shoots him 4 seconds later
Dontrell shooting (thc)
Updated: 7:24 p.m. Wednesday, January 11, 2017 | Posted: 2:09 p.m. Wednesday, January 11, 2017
Palm Beach County Sheriff’s Sgt. Adams Lin watched helplessly on Saturday as federal marshals seized his personal belongings — including his car, clothes, television and furniture — to help pay the expenses of a 23-year-old West Palm Beach man he shot, paralyzing him for life.
Attorney Jack Scarola, who won a $22.4 million jury verdict for Stephens last year, said he got permission from a federal magistrate to take the unusual step of seizing Lin’s property to pay off the judgment that is against both the deputy and the Palm Beach County Sheriff’s Office.
“It doesn’t give me any joy to do this,” he said. “This was not a happy morning spent on Saturday. It was something we did because we felt an obligation to protect my client’s interest. My client remains destitute.”
The move outraged John Kazanjian, president of the Palm Beach County Police Benevolent Association. In 37 years in law enforcement, he said he’s never heard of an officer’s belongings being taken to be sold on the auction block.
“It makes us have to think every time when we go out to do our job: Are we going to be civilly liable? Do we have to rent all of our property?” he said. “This is a bad, bad precedent.”
Scarola said Sheriff Ric Bradshaw could have spared Lin the pain and embarrassment of watching his car loaded on a flatbed truck and his furniture and clothes carted away in a moving van. He could have paid Stephens the $200,000 he will be legally obligated to pay if the verdict is upheld on appeal.
Related
U.S. marshals seize PBSO deputy’s property to pay shooting victim U.S. marshals seize PBSO deputy’s property to pay shooting victim
U.S. marshals seize PBSO deputy’s property to pay shooting victim U.S. marshals seize PBSO deputy’s property to pay shooting victim
“The sheriff was offered the opportunity to protect his employee and avoid the seizure,” Scarola said. “He declined not to do it.”
Attorney Val Rodriguez, who is not connected to the case but has filed similar cases against the sheriff’s office, said it appears attorneys representing Lin and Bradshaw could have offered to post a bond while the case is being appealed. The bond, typically for a percentage of the amount awarded, would have protected Lin’s belonging from seizure, he said.
Because such a request wasn’t filed with U.S. Magistrate Barry Seltzer, he had no choice but to approve Scarola’s request, Rodriguez said. Attorneys representing Lin and Bradshaw could ask Seltzer to stop Lin’s property from being sold at public auction, but it may be too late, he said.
Scarola said there is another option. Before Lin’s goods are sold, he said Bradshaw could agree to pay Stephens the $200,000.
Bradshaw didn’t respond to a request from The Palm Beach Post for comment. Attorney Steven Ellison, who represents Lin, declined comment as did attorney Summer Barranco, who represents the sheriff’s office and Lin along with attorney Richard Giuffreda.
Scarola readily admitted he’s playing “hardball” with Bradshaw. At auction, Lin’s used furniture, golf clubs, fishing rods and computer, won’t fetch much money. “If I can collect $100 for Dontrell Stephens, I’ll collect $100 for Dontrell Stephens, ” he said.
Scarola had already gone to court in an unsuccessful attempt to seize Lin’s wages for Stephens. Seltzer denied the request because Lin, who is divorced, provides more than 50 percent of the support for his young daughter, which exempts his salary from garnishment.
However, Scarola said, the law clearly allows him to ask that Lin’s personal property be seized. He said he got the approval in a private meeting with a federal magistrate. The proceedings, by law, are secret so property authorized for seizure doesn’t disappear before it can be seized.
“It was very obvious that it came not just as a surprise but as a great shock to him,” Scarola said.
Some officers have suggested holding a fundraiser for Lin, but Kazanjian said they fear any money contributed to Lin would be seized. Scarola said there is a provision in the law that would allow Lin to keep $4,000 worth of his property.
Stephens, who grew up in poverty and never finished high school, was awarded $22.4 million by a federal jury, which found that Lin used excessive force in 2013 when he shot Stephens minutes after stopping him for riding his bicycle erratically in morning rush-hour traffic on Haverhill Road, west of West Palm Beach. The sheriff’s office is also responsible for the verdict.
In October, Stephens was arrested on charges of selling marijuana, cocaine and heroin to a confidential informant. He was released from the Palm Beach County Jail to Neulife Rehabilitation in Mount Dora, where he remains.
Even if the multi-million-dollar verdict is upheld, the most the sheriff’s office could be forced to pay Stephens is $200,000. Under Florida law, that is the most governments can be forced to pay for wrongdoing. To get more, Scarola would have to persuade the state legislature to pass a claims bill, lifting the cap.
Scarola said Bradshaw should pay Stephens the first installment. “The sheriff’s office put Dontrell Stephens in a wheelchair for life and they know the desperate circumstances he is in,” he said. “There is no legal justification for refusing that first $200,000. None.”
Staff writer Lawrence Mower contributed to this story.
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02-07-2017, 10:56 PM #32UnregisteredGuest
U.S. marshals seize PBSO deputy’s property to pay shooting victim
LOCAL By Jane Musgrave - Palm Beach Post Staff
VIDEO: Palm Beach deputy stops unarmed black man on bike, shoots him 4 seconds later
Dontrell shooting (thc)
Updated: 7:24 p.m. Wednesday, January 11, 2017 | Posted: 2:09 p.m. Wednesday, January 11, 2017
Palm Beach County Sheriff’s Sgt. Adams Lin watched helplessly on Saturday as federal marshals seized his personal belongings — including his car, clothes, television and furniture — to help pay the expenses of a 23-year-old West Palm Beach man he shot, paralyzing him for life.
Attorney Jack Scarola, who won a $22.4 million jury verdict for Stephens last year, said he got permission from a federal magistrate to take the unusual step of seizing Lin’s property to pay off the judgment that is against both the deputy and the Palm Beach County Sheriff’s Office.
“It doesn’t give me any joy to do this,” he said. “This was not a happy morning spent on Saturday. It was something we did because we felt an obligation to protect my client’s interest. My client remains destitute.”
The move outraged John Kazanjian, president of the Palm Beach County Police Benevolent Association. In 37 years in law enforcement, he said he’s never heard of an officer’s belongings being taken to be sold on the auction block.
“It makes us have to think every time when we go out to do our job: Are we going to be civilly liable? Do we have to rent all of our property?” he said. “This is a bad, bad precedent.”
Scarola said Sheriff Ric Bradshaw could have spared Lin the pain and embarrassment of watching his car loaded on a flatbed truck and his furniture and clothes carted away in a moving van. He could have paid Stephens the $200,000 he will be legally obligated to pay if the verdict is upheld on appeal.
Related
U.S. marshals seize PBSO deputy’s property to pay shooting victim U.S. marshals seize PBSO deputy’s property to pay shooting victim
U.S. marshals seize PBSO deputy’s property to pay shooting victim U.S. marshals seize PBSO deputy’s property to pay shooting victim
“The sheriff was offered the opportunity to protect his employee and avoid the seizure,” Scarola said. “He declined not to do it.”
Attorney Val Rodriguez, who is not connected to the case but has filed similar cases against the sheriff’s office, said it appears attorneys representing Lin and Bradshaw could have offered to post a bond while the case is being appealed. The bond, typically for a percentage of the amount awarded, would have protected Lin’s belonging from seizure, he said.
Because such a request wasn’t filed with U.S. Magistrate Barry Seltzer, he had no choice but to approve Scarola’s request, Rodriguez said. Attorneys representing Lin and Bradshaw could ask Seltzer to stop Lin’s property from being sold at public auction, but it may be too late, he said.
Scarola said there is another option. Before Lin’s goods are sold, he said Bradshaw could agree to pay Stephens the $200,000.
Bradshaw didn’t respond to a request from The Palm Beach Post for comment. Attorney Steven Ellison, who represents Lin, declined comment as did attorney Summer Barranco, who represents the sheriff’s office and Lin along with attorney Richard Giuffreda.
Scarola readily admitted he’s playing “hardball” with Bradshaw. At auction, Lin’s used furniture, golf clubs, fishing rods and computer, won’t fetch much money. “If I can collect $100 for Dontrell Stephens, I’ll collect $100 for Dontrell Stephens, ” he said.
Scarola had already gone to court in an unsuccessful attempt to seize Lin’s wages for Stephens. Seltzer denied the request because Lin, who is divorced, provides more than 50 percent of the support for his young daughter, which exempts his salary from garnishment.
However, Scarola said, the law clearly allows him to ask that Lin’s personal property be seized. He said he got the approval in a private meeting with a federal magistrate. The proceedings, by law, are secret so property authorized for seizure doesn’t disappear before it can be seized.
“It was very obvious that it came not just as a surprise but as a great shock to him,” Scarola said.
Some officers have suggested holding a fundraiser for Lin, but Kazanjian said they fear any money contributed to Lin would be seized. Scarola said there is a provision in the law that would allow Lin to keep $4,000 worth of his property.
Stephens, who grew up in poverty and never finished high school, was awarded $22.4 million by a federal jury, which found that Lin used excessive force in 2013 when he shot Stephens minutes after stopping him for riding his bicycle erratically in morning rush-hour traffic on Haverhill Road, west of West Palm Beach. The sheriff’s office is also responsible for the verdict.
In October, Stephens was arrested on charges of selling marijuana, cocaine and heroin to a confidential informant. He was released from the Palm Beach County Jail to Neulife Rehabilitation in Mount Dora, where he remains.
Even if the multi-million-dollar verdict is upheld, the most the sheriff’s office could be forced to pay Stephens is $200,000. Under Florida law, that is the most governments can be forced to pay for wrongdoing. To get more, Scarola would have to persuade the state legislature to pass a claims bill, lifting the cap.
Scarola said Bradshaw should pay Stephens the first installment. “The sheriff’s office put Dontrell Stephens in a wheelchair for life and they know the desperate circumstances he is in,” he said. “There is no legal justification for refusing that first $200,000. None.”
Staff writer Lawrence Mower contributed to this story.
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02-07-2017, 11:08 PM #33UnregisteredGuest
Hey Kelly,
A couple of your CORRUPT co-workers are attempting to protect your honor, which Everyone knows you have none. So, thank your couple of friends as your downing your free Happy meals. Don't forget the prizes for the kiddies.
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02-08-2017, 12:23 AM #34UnregisteredGuest
One of the tags fatass was in possession of was in NCIC/FCIC as stolen. The report was taken in California. That will be posted soon.
Why didn't your crack Investigators do a simple TAL 6 report which would have told them what agency, the officer requesting and the operator that requested the tag ran? Additionally, why didn't your crack Sergeant Investigators subpoena the company he supposedly purchased the unauthorized tags from? Why didn't your crack Investigators simply ask fatass for proof of how he paid for the tags online?
Hmmmm, great cover-up investigation there. Why didn't they press him why he wasn't using his sunpass. It's because everyone knows the answer and they would have been forced to charge him.
So fatass gets a transfer to steal some more. Don't worry there are some agencies interested in this type of Corruption and it isn't the FBI.
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02-08-2017, 06:11 AM #35UnregisteredGuest
Can it be so Blatant???
Originally Posted by Unregistered
Wow this guys got Teflon up the yan, can the corruption and acts of cover up finally exposed? Talk about the violation of the Rico act among select MDPD folks, present and past. How far will this go and be let continue, the directors current email letter regarding avoiding the DOJ involvement in use of force is hog wash. What the DOJ and Feds be really looking at is the blatant acts of cover up and corruption which seem to be swept under the rug hurting many good citizens and police officers. Seems the Kelly and PCB acts of bad faith go deeper than what folks may imagine or believed to be going on. Maybe next time your accused of some Bs you can defend yourself against those who hide and make stuff up. Funny the investigator can't find one trace or even confirm the BS website purchase of such tags, no leg work, wasn't a tag taken from the scene of a 45? So the Malas lenguas say around the Careta. The fact is PCB investigator supervisors white wash what those on top want or they try their hardest even committing perjury on others or simply doing nothing. How many citizens and good cops have been wronged by such acts, I am sure they're are plenty of victims to this injustice. Sometimes you can't blame folks for thinking bad about police and what they do, even makes good cops sick to the stomaches to hear and see such malfeasance at the highest level. And these are the folks who are placed in positions to judge and altametly determine ones fate, it's just sickening. It's no wonder they select those PCB guys and those who want to do the right job get booted. Maybe it's time the media get wind of these practices, maybe it's time the state (FDLE) take over this departments IA section like they took over the police shootings. It's so true how the current and not so old administration took out a threat to them in Major White with that crap check BS even firing the guy who won and came back, yet this clown Kelly got to pay it back and not one shread of investigation went into his file. If he had no intent to steal and lie then I say stop arresting Burglars and robbers in Dade cause they too have no intent in commuting crimes, they can simply say a website told them too do it. I really think the Directors email in avoiding DOJ interference should really be a sign of how worried he and his group of Thugs and liars must be because it looks like things are coming full circle and this Sully crack down just proves it. I think it's time the DOJ and Feds came in like they did in the City and find out what's going on around here, it just to much credible info and evidence to keep looking the other way. If this continues the community will have no faith and the damage will be to great!
DOJ awe need your help!!!!!!!!!!!!!!!!!!!
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02-08-2017, 06:39 PM #36UnregisteredGuestDOJ and Internal Revenue Service, and a few other agencies have been notified and have taken serious notice. I cannot confirm or deny if an investigation is ongoing or active 😉. But I would not want to be in thier shoes. Plenty of eyes on this situation. Originally Posted by Unregistered
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02-08-2017, 10:13 PM #37UnregisteredGuestKeep up the good fight Mr. Karma. They deserve everything they have coming to them. Only themselves to blame. Alot of Mdpd Officers appreciate your fight and stand with you all. Originally Posted by Unregistered
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02-09-2017, 08:55 AM #38UnregisteredGuest👍👍👍👍👍☝️☝️☝️☝️☝️ Originally Posted by Unregistered
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02-12-2017, 11:04 PM #39UnregisteredGuest
************ALL PUBLIC RECORDS************
Date:. July 10, 2014
To: Kelly Sullivan
Northwest District
From: Aimee MAHARAJ, Sergeant
Internal Affairs Section
Subject: Notification of Allegation:
Pursuant to article 9, section A.1 of the Police Benevolent Association Collective Bargaining Agreement, and/ or other relevant collective bargaining agreements, the following information is presented for your review prior to the taking of your statement.
You will be questioned in reference to the following allegation(s):
1. From January 2011 through October 2013 you attached an unauthorized and unassigned Florida tag 653WUM to your issued departmental vehicles. (STOLEN TAG)
2. From February 2012 through October 2013, you attached an unassigned and unauthorized Georgia tag AXG3287 to your departmental issued vehicles.
3. from September 2011 through July 2013 you attached an unauthorized and unassigned Texas tag S76NTS to your departmental issued vehicle.
4. You incurred $1,721.07 of unpaid Sunpass toll violations by utilizing unauthorized Florida Tag 653WUM, which was not assigned to our departmental issued vehicles.
5. As a result of having utilized unauthorized Florida Tag 653 WUM, you incurred several Sunpass violations, which caused Mr. Marlon Morris' Florida drivers License to become suspended.
6. You incurred $223.06 of unpaid sunpass toll violations by utilizing unauthorized.
7. As a result of having utilized unauthorized Georgia Tag AXG3287, you incurred several sunpass toll violations, which caused Mr. Rene Armendariz to receive several sunpass toll violations, for toll violations which he did not commit.
8. You incurred $216.19 of unpaid toll violations by utilizing unauthorized Texas Tag S76NTS, which was not assigned to your departmental vehicles.
9. As a result of having utilized Texas Tag S76NTS, you incurred several sunpass toll violations, which caused Mr. Juan Luna to receive several invoices for sunpass toll violations, which caused Mr. Juan Luna to receive several invoices for toll violation infractions which he did not commit.
10. A review of the Broward County, Howard C. Foreman Clerk of the Courts, traffic online public search indicates the following:
* Mr. Marlon Morris was issued two citations for sunpass violations out of Broward County. (refer to Official Record #17.)
* Mr. Juan Luna and Rene Armendariz both reflect no open or closed cases. (refer to official record #18.)
11. Mr. Rene Armendariz provided a photocopy of the general detail report from the Georgia Department of Motor Vehicles which reflects that Georgia Tag AXG3287 was turned in on Tuesday, March 24th, 2009. Mr. Armendariz also attached a correspondence letter that he sent to toll-by-plate on Wednesday, June 27th, 2012. Refer to official record # 19.)
12. Sunpass activity spreadsheets for Florida Tag number 653WUM, Georgia Tag AXG3287 and Texas tag S76NTS reflect dates, times and locations that the vehicle traveled through with the amount for each toll.. (refer to official records 23, 24 and 25)
13. Sunpass provided three compact discs displaying images of a Chevrolet Colorado, ford F150 and a dodge ram which were all pick up trucks. The trucks were bearing wither a Florida tag 653WUM, Georgia Tag AXG3287 or Texas Tag S76NTS while committing toll violations.
* A review of the sunpass violations for Florida tag 653WUM from Wednesday January 12th, 2011 through Thursday, September 19th, 2013 revealed the following. 705 toll violations for the year 2011, 526 toll violations for the year 2012 and 633 toll violations for the year 2013
* A review of the sunpass violations for Georgia Tag # AXG3287 from Friday July 1, 2011 through Monday July 15th, 2013 revealed the following: 257 toll violations for 2011 and 151 toll violations for 2012 and 142 toll violations for 2013.
* A review of the sunpass violations for Texas tag S76NTS from Thursday, February 9th, 2012 through Monday October 7th, 2013 132 violations and for 2012 31 violations.
*****DUE TO THE LARGE VOLUME OF VIOLATIONS AND THE MANPOWER REQUIRED TO CAPTURE EVERY VIOLATION INVOLVED, SUNPASS WAS ONLY ABLE TO PROVIDE STILL IMAGES FROM THE BEGINNING OF THE MONTH AS WELL AS THE END OF EACH MONTH.. THIS WAS DONE TO SHOW A CONSISTENT PATTERN WITH THE VEHICLE INVOLVED. THE STILL IMAGES PROVIDED OF THE VEHICLES WERE CONSISTENT WITH THE VEHICLES ASSIGNED TO SERGEANT SULLIVAN DURING THE TIME OF THE INCIDENTS. (REFER TO OFFICIAL RECORDS 22, 23, 24 AND 25.)******
SO IN ESSENCE HE WOULD HAVE HAD TO PAY THOUSANDS MORE TO KEEP FROM BEING PROSECUTED!!!!
14. A map of the southern portion of the Florida turnpike enterprise, which is referred to as the southern coin system map, has been provided as a record. The highlighted/marked sections of the map reflect the most northern point (Cypress Creek Plaza (to the southern point (Homestead Plaza) where the surpass violations occurred with respect the the aforementioned tags.
15. A review of the Florida Turnpike Enterprise System notes for account numbers 5197547, 7308527 and 9410441 reflect the following notes that were documented by sunpass representatives:
* There are no notes reflecting that Mr. Juan Luna contacted sunpass reference Texas Tag S76NTS. (refer to official records #28)
* On September 14th, 2011, Mr. Rene Armendariz called and explained that he surrendered the Georgia Tag AXG3287 back in 2009 (refer to official record # 27)
* On March 16th, 2013 Mr. Marlon Morris called and explained to the representative that in 2010 his vehicle was repossessed with Florida tag 653WUM still attached. (refer to official record #26)
16. This investigator conducted an online google search to uncover the sale/availability of Florida license plates online. It was discovered that you can readily purchase license plates online. ( refer to official record #29)
*****SERGEANT MAHARAJ, WHY WAS THE SUSPECT NEVER QUESTIONED ABOUT HOW HE PURCHASED/PAID FOR THE UNAUTHORIZED/UNASSIGNED TAGS ESPECIALLY THE STOLEN TAG. WHY WASN'T HE ASKED FOR PROOF OF THE ON LINE PURCHASE? WHY WASN'T THE COMPANY SUBPOENAED TO CONFIRM THE LIARS STORY?*****
17. A review of the NCIC, Interstate index check for Mr Marlon Morris, Mr. Juan Luna and Rene Armendariz reflects no toll arrests. (refer to official record # 35)
18. A REVIEW OF THE RIVERSIDE COUNTY SHERIFFS OFFICE DEPARTMENT INCIDENT REPORT, CASE # PE132740039, PREPARED BY OFFICER REYNOLDS, ID # 2664 TITLED "PETTY THEFT" INDICATES THAT MR. MARLON MORRIS NISSAN ALTIMA WAS REPOSSESSED WITH THE ATTACHED FLORIDA TAG 653WUM IN CALIFORNIA ON TUESDAY MAY, 4TH, 2010. FLORIDA TAG 653WUM WAS ENTERED AS STOLEN IN THE NCIC BY OFFICER REYNOLDS AS A STOLEN TAG ON WEDNESDAY, OCTOBER 2, 2013 REFER TO OFFICIAL RECORD # 20)
MDPD POLICE RECORD TECHNICIAN BUCKLAND WAS CONTACTED AN THURSDAY, JANUARY 23RD, 2014 AT 7:52 AM, REFERENCE THE RECOVERY OF FLORIDA TAG 653WUM AND THE REMOVAL OF THE TAG FROM THE NCIC SYSTEM. REFER TO OFFICIAL RECORD #34)
WAS THE SUSPECTS OVERTIME VIOLATIONS EVER COMPARED TO HIS OVERTIME SLIPS ( OF COURSE THEY WEREN'T ) TO PROVE IF HE WAS ACTUALLY WORKING OVERTIME OR MAKING PASSES AT MALE SUBORDINATES AT HOME?
YOU SHOULD BE ASHAMED OF YOUR WORK PRODUCT AND YOUR INVESTIGATIVE SKILLS WHICH ARE NONE. MDPD SHOULD BE ASHAMED TO EMPLOY SUCH A CRIMINAL AND INEPT INVESTIGATORS.
ALL ABOVE REVIEWED AND DECLINED TO PROSECUTE FOR GRAND THEFT AND POSSESSION OF STOLEN PROPERTY AND NUMEROUS COUNTS OF OFFICIAL MISCONDUCT (ALL FELONIES) BY NONE OTHER THAN THE INFAMOUS JOHNNY BY THE MIAMI DADE STATE ATTORNEYS OFFICE. THE PROSECUTOR, WHO IS ALLEGEDLY FRIENDS WITH THE CRIMINAL DIDN'T ASK HIM ONE TIME TO EXPLAIN THE NON USE OF HIS COUNTY ISSUED SUNPASS?
***WHY, BECAUSE IT WAS CRIMINAL AND SHE WOULD BE FORCED TO PROSECUTE, ISN'T IT FUNNY THAT HIS BUDDY GETS ASSIGNED THE CASE?***
A COUPLE OF WORDS COME TO MIND: COVER-UP!!!!!
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02-13-2017, 12:27 AM #40UnregisteredGuestThe honest officers of MDPD can never thank you enough for having taken the time to collect and post this data. Originally Posted by Unregistered
This of course is just the tip of the iceberg. At that rat's nest known as the Public Corruption Unit, this embarassment of a sergeant, his entire squad and his deviant chain of command covered up much worse crimes which sadly will never be uncovered. Let the record reflect though, that a MOTHER ****ER named Andrew Glass, a militant ***** captain named Thelma Noel Pratt and an ASSHOLE of a Major now retired permitted all kinds of illegalities to be perpetrated under the tutelage of a FAT ******* CHIEF named Juan Santana who hoped to become director and sold his soul and the bureau to our corrupt mayor. May you take every penny these ruffians ever made from them and may they pay with headaches and heartaches for the rest of their lives for their crimes. We salute you for your effort sir. God speed to you.
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