Category Archives: chicanery

“How China Influences Elections in America’s Biggest City”

NYT:

In New York City, social clubs backed by China undermined a congressional candidate who once challenged the regime on Chinese television.

They helped unseat a state senator for attending a banquet with the president of Taiwan.

And they condemned a City Council candidate on social media for supporting Hong Kong democracy.

In the past few years, these organizations have quietly foiled the careers of politicians who opposed China’s authoritarian government while backing others who supported policies of the country’s ruling Communist Party. The groups, many of them tax-exempt nonprofits, have allowed America’s most formidable adversary to influence elections in the country’s largest city, The New York Times found.

The groups are mostly “hometown associations” of people hailing from the same town or province in China. Some have been around for more than a century, while dozens of others have sprung up over the past decade. Like other heritage clubs in a city of immigrants, they welcome newcomers, organize parades and foster social connections.

But many hometown associations have become useful tools of China’s consulate in Midtown Manhattan, according to dozens of group members, politicians and former prosecutors. Some group leaders have family or business in China and fear the consequences of bucking its authority. Consulate officials have enlisted them to intimidate politicians who support Taiwan or cross Beijing’s other red lines. In one case, a Chinese intelligence agent and several hometown leaders targeted the same candidate.

This meddling may seem modest, involving politicians who are unlikely to affect international policy. But China is determined to quash dissent in its diaspora before it spreads back home, said Audrye Wong, a fellow at the American Enterprise Institute who studies Chinese influence.

Beijing is also making a longer bet, she said: “You never know which politician might eventually run for Congress at the national level, or become a presidential candidate.”…

China’s influence machine is one of the world’s most expansive and effective. Over decades, it has harassed exiles in France, bribed academics in Britain and targeted politicians in Canada. It has even built clandestine police stations in dozens of countries to threaten dissidents. Its efforts have been especially potent in New York City, home to 600,000 ethnic Chinese people.

In 2023, the Federal Bureau of Investigation arrested leaders of one group, the America Changle Association, for operating a police station in its clubhouse. Last year, a federal indictment accused a former aide to Gov. Kathy Hochul of conspiring with the heads of two Chinese associations, saying their political activities “were supervised, directed, and controlled” by Chinese officials. And this summer, F.B.I. agents interviewed group leaders in Chinatown about consulate pressure, two leaders said….

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“Red Envelopes With Cash Are Changing Hands at Adams Campaign Rallies”

NYT:

In July, New York Times reporters witnessed other Adams supporters handing out red envelopes with cash at three separate campaign events: one in Flushing, Queens; another in Manhattan’s Chinatown; and a third in Sunset Park in Brooklyn. At those events, Mr. Adams picked up support from leaders of influential Chinese community groups, including several with close ties to the Chinese government.

Ms. Greco, a top Adams fund-raiser whose homes were raided last year by federal investigators looking for evidence of Chinese interference in the 2021 mayor’s race, was present at all three of the rallies….

The Adams campaign said it was unaware of any payments to reporters and had not approved them.

“Mayor Adams had absolutely no knowledge of this and does not condone it,” Todd Shapiro, his spokesman, said. “He has never — and would never — authorize anyone to hand out cash or gifts to reporters. Any such behavior is inappropriate and unacceptable.”

At the event in Flushing on July 13, dozens of Chinese American leaders gathered outside a public library branch to offer their support for Mr. Adams, giving him a needed boost as he trailed badly in polls. Mr. Adams, a registered Democrat who took office in 2022, is running a long-shot bid for re-election as an independent in November as his mayoralty has been tarnished by federal investigations and scandals.

The event, organized by four influential community leaders, buzzed with dozens of fervent backers, proudly wearing shirts adorned with Mr. Adams’s face and energetically waving U.S. flags as they chanted and called for his re-election.

One of the organizers, Steven Tin, the director of Better Chinatown USA, which hosts the Lunar New Year parades in Manhattan’s Chinatown, was seen by The Times holding $50 bills and handing out red envelopes to reporters from Chinese-language news organizations.

At the event, Mr. Tin said that it is a common practice in Chinese culture to give cash to “reporters, YouTubers, photographers” as a “thank you for coming” gift.

Reached by phone on Thursday, Mr. Tin said that the payments to reporters were small and were made not to ensure coverage, but rather as a “courtesy.” He said he would ask the Adams campaign to cover the cost of water and banners for the event, but that he had not yet discussed whether it would reimburse him for the cash payments.

Mr. Shapiro, the Adams campaign spokesman, ruled that out.

“We do not provide it, we do not direct it and we do not authorize anyone to distribute it,” Mr. Shapiro said. “Any suggestion otherwise is false and misleading.”…

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“Appeals court throws out massive civil fraud penalty against President Donald Trump”

AP:

An appeals court has thrown out the massive civil fraud penalty against President Donald Trump, ruling Thursday in New York state’s lawsuit accusing him of exaggerating his wealth.

The decision came seven months after the Republican returned to the White House. A panel of five judges in New York’s mid-level Appellate Division said the verdict, which stood to cost Trump more than $515 million and rock his real estate empire, was “excessive.”

After finding that Trump engaged in fraud by flagrantly padding financial statements that went to lenders and insurers, Judge Arthur Engoron ordered him last year to pay $355 million in penalties. With interest, the sum has topped $515 million.

The total — combined with penalties levied on some other Trump Organization executives, including Trump’s sons Eric and Donald Jr. — now exceeds $527 million, with interest.

“While the injunctive relief ordered by the court is well crafted to curb defendants’ business culture, the court’s disgorgement order, which directs that defendants pay nearly half a billion dollars to the State of New York, is an excessive fine that violates the Eighth Amendment of the United States Constitution,” Judges Dianne T. Renwick and Peter H. Moulton wrote in one of several opinions shaping the appeals court’s ruling.

UPDATE: The 323 pages of multiple opinions are here. You can get a sense of the mess from the beginning of Justice Moulton’s opinion for himself and one other justice:

Defendants appeal from two decisions (and the resulting judgment) holding that defendants violated Executive Law § 63(12) by repeatedly submitting deceptive business records to banks, insurance companies, and the New York City Parks Department. Presiding Justice Renwick and I find that Supreme Court correctly found defendants liable. We agree with Supreme Court that the Attorney General acted well within her lawful power in bringing this action, and that she vindicated a public interest in doing so. We also find that Supreme Court properly ruled only on claims that are timely under the applicable statute of limitations. However, we would modify the remedy ordered by Supreme Court. While the injunctive relief ordered by the court is well crafted to curb defendants’ business culture, the court’s disgorgement order, which directs that defendants pay nearly half a billion dollars to the State of New York, is an excessive fine that violates the Eighth Amendment of the United States Constitution.


This decision is one of three issued by this Court today. Presiding Justice Renwick and I agree with our colleagues on certain points. Most importantly, we agree with Justice Higgitt, who is joined by Justice Rosado, that the Attorney General is empowered by Executive Law § 63(12) to bring this action. However, our remaining disagreements with our colleagues’ decisions are profound. In sum, Justice Friedman finds that Supreme Court’s rulings are infirm in almost every respect and would hold that the Attorney General had no power to bring this case under Executive Law § 63(12). He would dismiss the complaint outright. Justice Higgitt, while agreeing that the Attorney General had the power to bring this lawsuit, finds that errors made by Supreme Court require a new trial limited to only some of the transactions in question.

Respectfully, Presiding Justice Renwick and I cannot harmonize our approach with that of our colleagues. Justice Friedman’s decision runs athwart our prior rulings in this case and misconstrues Executive Law § 63(12) and the case law that has interpreted that statute. While he justly criticizes comments made by the Attorney General about defendants when she was running for that office, he ignores that this issue has already been considered, and rejected, by this Court. Justice Higgitt’s decision contains cogent criticisms of aspects of Supreme Court’s two written decisions. However, this Court has the power to independently analyze the record made below in evaluating those decisions. That record amply justifies Supreme Court’s findings of fact and conclusions of law. Returning this action to Supreme Court for a new trial as urged by Justice Higgitt is both unnecessary and likely terminal. It is difficult to imagine that a trial could proceed while one of the principal defendants, and a central witness, is President of the United States. The inevitable elapse of time and the attendant difficulties in recreating a vast record of testimony and documents – an exercise that is both Sisyphean and unneeded, because an extensive trial record already exists – would likely consign this meritorious case to oblivion.


Because none of the three decisions garners a majority, Justices Higgitt and Rosado join the decretal of this decision for the sole purpose of ensuring finality, thereby affording the parties a path for appeal to the Court of Appeals. Like Justice Friedman, we commend them for doing so. Unlike Justice Friedman, we do not find that this necessary measure is unfair to defendants. This Court previously imposed a stay on the judgment, a stay that defendants can seek to extend pursuant to CPLR 5519(e) until the Court of Appeals rules.

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“Adams Adviser Suspended From Campaign After Giving Cash to Reporter”

NYT:

A close adviser to Mayor Eric Adams was suspended from his re-election campaign on Wednesday after giving a journalist cash tucked inside a potato chip bag.

The adviser, Winnie Greco, who was the mayor’s former director of Asian affairs at City Hall and one of his best fund-raisers, had returned to the campaign trail as a volunteer during Mr. Adams’s run for a second term. She had been at the center of controversy after the F.B.I. raided her homes last year as part of a federal investigation into possible Chinese government interference in the 2021 mayor’s race.

On Wednesday, Ms. Greco attended an event with Mr. Adams in Harlem and gave more than $100 in a red envelope stashed inside the snack bag to a reporter for The City, according to an article in the online news outlet. The City promptly reported the incident to the city’s Department of Investigation, and federal prosecutors in Brooklyn contacted the newspaper’s lawyers, according to the newspaper’s account….

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“Democratic Texas lawmaker passes 24-hour mark on state House floor after refusing GOP demand for law enforcement escort”

Insanity:

Democratic Texas state Rep. Nicole Collier has now spent over 24 hours on the Texas House floor in protest after refusing a Republican demand to be placed under the watch of the state Department of Public Safety.

When Texas House Democrats returned to the Capitol in Austin on Monday, after having fled the state earlier this month in order to prevent a vote on a controversial Republican redistricting plan, House Speaker Dustin Burrows put constraints on their movements.

Burrows announced that the Democrats could only leave the House floor if they received written permission and agreed to be under law enforcement escort until the chamber reconvenes on Wednesday morning.

The Democrats who skipped out on previous attempts to meet quorum for a special session to approve the redrawn congressional maps will have an around-the-clock DPS escort to ensure their presence when the House convenes Wednesday, a legislative aide told CNN….

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California Democrats’ Proposed Retaliatory Gerrymander Against Texas Could Be Triggered if Another Democratic State Engages in Its Own Partisan Gerrymander

California Democratic leaders are preparing to put a measure before voters that would temporarily suspend congressional redistricting maps drawn by an independent commission for the rest of the decade as retaliation for Texas (or other Republican) states engaging in their own Republican gerrymanders. We’ve been told that the law would be written with a trigger, so that if California approves it, the measure would only kick in as a tit-for-tat against a Republican gerrymander in Texas or elsewhere.

Yet this released bill, which is perhaps still a work in progress, would seem to kick in if any state does any mid-decade redistricting, even if that’s another Democratic state going a gerrymander. (There’s an exception for court ordered redistricting and a special rule for Ohio that is already slated to redraw their maps). Here’s the relevant text of the trigger:

(b) Notwithstanding any other provision of this Constitution or existing law, the single-member districts for Congress reflected in Assembly Bill 604 of the 2025–26 Regular Session shall temporarily be used for every congressional election for a term of office commencing on or after the date this subdivision becomes operative and before the certification of new congressional boundary lines drawn by the Citizens Redistricting Commission pursuant to subdivision (e).

(c) (1) Subdivision (b) shall become operative only if Texas, Florida, or another state adopts a new congressional district map that takes effect after August 1, 2025, and before January 1, 2031, and such redistricting is not required by a federal court order.

(2) The condition described in paragraph (1) shall include a new congressional district map adopted by the State of Ohio only if the map is adopted pursuant to division (F)(3) of Section 1 of Article XIX of the Ohio Constitution.

Now maybe this is just a drafting glitch and it will be fixed before it goes to the voters. But one could easily see a Democratic-dominated state such as Illinois or Maryland tweak their maps JUST to trigger the California re-redistrict. It could also be triggered if a state voluntarily makes changes in light of Supreme Court rulings on the Voting Rights Act or otherwise.

Stay tuned.

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“NY state Senate candidate allegedly paid homeless people to lie about donations to net matching funds: report”

NY Post:

An upstate GOP state senate candidate’s campaign allegedly paid homeless people to claim they made donations to him, allowing him to net matching taxpayer funds, a report says.

Several homeless men in Auburn told the Albany Times Union in a story published Friday that Caleb Slater’s campaign offered them $30 a pop to sign paperwork saying they donated $250 to his run in November.

This way, Slater, who ultimately lost his bid for office, could allegedly receive public funds from the state that match contributions up to $250, the paper noted.

At least seven people who spoke to the outlet say they never contributed to Slater‘s campaign but were paid to submit contribution forms. One man said he was asked to recruit other straw donors as well.

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“Hispanic Democratic Officials in Texas Plead Not Guilty to Voter Fraud”

NYT:

Nine Latino Democratic officials and political operatives pleaded not guilty on Wednesday in South Texas to charges of criminal voter fraud, accusations that their defenders called blatant voter suppression and political intimidation by the state’s Republican attorney general.

Gerry Goldstein, a lawyer for the most prominent defendant, told the presiding judge that he had filed a motion Wednesday morning to dismiss the charges and challenge the constitutionality of the state law used to prosecute his client, Juan Manuel Medina, a former chairman of the Democratic Party of Bexar County, the fourth largest in the state.

Gabriel Rosales, the director of the Texas chapter of the League of United Latin American Citizens, or LULAC, called the charges “a complete attack on democracy.”

“This is voter suppression 101,” Mr. Rosales said.

The nine defendants, including Mr. Medina, were indicted last month by a South Texas district attorney working with the state’s famously conservative attorney general, Ken Paxton. Six of the defendants appeared in person in a courtroom in Pearsall, Texas, while three others, including Mr. Medina, appeared via Zoom. A state judge is expected to consider the motion to dismiss the case in early October.

It was the second time in less than four months that Mr. Paxton has charged prominent Latino Democratic officials with criminal “ballot harvesting,” the usually routine act of collecting absentee ballots and bringing them to drop boxes or polling sites to be counted. A half-dozen people, including a county judge, two City Council members and a former county election administrator, were charged with voter fraud in May.

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“Texas Democrats to return home for second special session, ABC13 sources confirm”

ABC13:

ABC13 has confirmed with multiple sources that House Democrats will return to Texas.

Eyewitness News has not confirmed the date, but we do know that Democrats believe they’ve accomplished their mission by killing the first special session and by raising national awareness about the mid-decade redistricting effort.

It is unclear which day they will be in Austin at the Capitol, but they stress that they will push for Hill Country flooding relief to be the priority.

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“Texas Republicans dare Democrats to stay out of state another month”

WaPo:

Texas Republicans said Tuesday that they would kick off a second special legislative session Friday to redraw the state’s congressional maps in favor of the GOP, putting pressure on absent Democrats to quickly return to the state or commit to remaining away for another month.

Dozens of Democrats in the Texas House fled the state last week to block a Republican plan to shift five congressional districts sharply to the right ahead of next year’s midterm elections. They have said they are committed to staying away long enough to kill the measure during a special session slated to last until as late as Aug. 19.

Texas House Speaker Dustin Burrows (R) said Tuesday that if Democrats do not return by Friday, Republican lawmakers will end the special session that day. Gov. Greg Abbott (R) said he would immediately call a new 30-day special session, which Burrows would gavel in later Friday.

The move essentially restarts the clock, forcing Democrats to decide whether they’re willing to stay away for another four weeks — or longer. Democrats have not said whether they would stay away beyond the current special session. Abbott said Tuesday that he will keep calling special sessions until the Democrats come back….

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“Voter Intimidation: Forging a Judicial Standard”

Ben Goldstein has written this article for the Journal of Law and Politics. Here is the abstract:

In the last few years, federal courts have seen a notable increase in voter intimidation cases. Empirically, instances of voter intimidation, whether litigated or not, may be increasing as well. After briefly offering explanations for this trend, this Article reviews federal laws aimed at voter intimidation, especially Section 11(b) of the Voting Rights Act. It then considers how courts can reconcile First Amendment speech protections with the need to regulate conduct that interferes with voting, drawing lessons from two recent lawsuits in the 2022 midterm elections
in Arizona.


Rather than solely balancing competing individual rights, courts should embrace a more expansive conception of the governmental interests at stake in voter intimidation cases. In particular, courts should recognize that voting is a separate sphere of civic life—a unique method of public decisionmaking distinct from day-to-day public discourse. As such, the act of voting merits stricter levels of protection than the laissez-faire system governing public discourse.


This Article also suggests that in our post-pandemic era of extended voting, a regime requiring narrowly tailored speech restrictions may be inadequate to safeguard voters from intimidation and interference. Given voting’s essential role in democratic self-governance, courts should not hesitate to enjoin intimidating conduct under Section 11(b), even absent a showing of subjective intent or threatened physical violence. Furthermore, courts should evaluate alleged intimidation not in isolation, but in light of its broader historical and social context and its actual impact on voters.

This looks to be an important piece.

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Yale “MFIA Clinic Report Provides Roadmap for Attorneys to Challenge Election Disinformation”

Important report released by Yale Media Freedom and Information Access Clinic:

Students from Yale Law School’s Media Freedom and Information Access (MFIA) Clinic have released a new white paper titled “Using the Ku Klux Klan Act to Combat Election Disinformation: A Guide for Practitioners.”

The guide offers a roadmap for attorneys seeking civil remedies against certain forms of digital election disinformation, such as lies about how to vote, impersonation of candidates or officials, and misinformation intended to intimidate voters.

Read the white paperUsing the Ku Klux Klan Act to Combat Election Disinformation: A Guide for Practitioners 

The report focuses on two underutilized provisions of the Ku Klux Klan Act of 1871: the “Support-or-Advocacy” clauses of 42 U.S.C. § 1985(3) and the companion “Neglect-to-Prevent” provision of 42 U.S.C. § 1986. Though originally passed to combat Reconstruction-era voter intimidation by the Ku Klux Klan, these statutes remain powerful tools for modern election protection, according to the clinic. The white paper argues that § 1985(3) can provide a private cause of action when election-related disinformation arises from a conspiracy and amounts to a common-law tort (such as intentional interference with the right to vote, misappropriation of likeness, or false-light invasion of privacy) carried out “on account of” someone’s support for a federal candidate.

Additionally, § 1986 may create liability for third parties like robocall vendors, group leaders, or public officials who knowingly fail to prevent such conspiracies when they have the power to do so.

While the First Amendment rightly shields much false speech about elections, the report outlines scenarios where challenges to election disinformation may prevail despite the First Amendment, such as when the disinformation at issue constitutes a lie about election mechanics or an impersonation of a candidate, or when it is particularly likely to undermine election integrity. Drawing on legal precedent, historical context, and real-world examples — including social media ads that promote “texting to vote” and robocalls that impersonate candidates — the report offers a path forward for legal practitioners aiming to challenge harmful election lies without infringing on protected speech….

(Disclosure: I gave feedback on an earlier version of this report as well as worked with the clinic and Protect Democracy on the amicus brief filed in the Mackey case.)

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“The Mothership Vortex: An Investigation Into the Firm at the Heart of the Democratic Spam Machine; How a single consulting firm extracted $282 million from a network of spam PACs while delivering just $11 million to actual campaigns.”

Must-read from Adam Bonica:

The digital deluge is a familiar annoyance for anyone on a Democratic fundraising list. It’s a relentless cacophony of bizarre texts and emails, each one more urgent than the last, promising that your immediate $15 donation is the only thing standing between democracy and the abyss.

The main rationale offered for this fundraising frenzy is that it’s a necessary evil—that the tactics, while unpleasant, are brutally effective at raising the money needed to win. But an analysis of the official FEC filings tells a very different story. The fundraising model is not a brutally effective tool for the party; it is a financial vortex that consumes the vast majority of every dollar it raises.

We all have that one obscure skill we’ve inadvertently maxed out. Mine happens to be navigating the labyrinth of campaign finance data. So, after documenting the spam tactics in a previous article, I told myself I’d just take a quick look to see who was behind them and where the money was going.

That “quick look” immediately pulled me in. The illusion of a sprawling grassroots movement, with its dozens of different PAC names, quickly gave way to a much simpler and more alarming reality. It only required pulling on a single thread—tracing who a few of the most aggressive PACs were paying—to watch their entire manufactured world unravel. What emerged was not a diverse network of activists, but a concentrated ecosystem built to serve the firm at its center: Mothership Strategies.

The core defense of these aggressive fundraising tactics rests on a single claim: they are brutally effective. The FEC data proves this is a fallacy. An examination of the money flowing through the Mothership network reveals a system designed not for political impact, but for enriching the consultants who operate it.

To understand the scale of this operation, consider the total amount raised. Since 2018, this core network of Mothership-linked PACs has raised approximately $678 million from individual donors. (This number excludes money raised by the firm’s other clients, like candidate campaigns, focusing specifically on the interconnected PACs at the heart of this system.) Of that total fundraising haul, $159 million was paid directly to Mothership Strategies for consulting fees, accounting for the majority of the $282 million Mothership has been paid by all its clients combined.

But the firm’s direct cut is only part of the story. The “churn and burn” fundraising model is immensely expensive to operate. Sending millions of texts and emails requires massive spending on digital infrastructure. For instance, FEC filings show this network paid $22.5 million to a single vendor, Message Digital LLC, a firm that specializes in text message delivery.

The remaining hundreds of millions disappeared into a maze of self-reported categories: $150 million to consulting/fundraising, $70 million to salaries and payroll. There are some disbursements to what seem to be legitimate advocacy and organizing–for instance Progressive Turnout Project reports paying Shawmut Services $19 million for canvassing. However, most of the unclassifiable expenditures appear to be administrative costs or media buys that feed back into the fundraising machine itself.

After subtracting these massive operational costs—the payments to Mothership, the fees for texting services, the cost of digital ads and list rentals—the final sum delivered to candidates and committees is vanishingly small. My analysis of the network’s FEC disbursements reveals that, at most, $11 million of the $678 million raised from individuals has made its way to candidates, campaigns, or the national party committees.

But here’s the number that should end all debate:

This represents a fundraising efficiency rate of just 1.6 percent.

Here’s what that number means: for every dollar a grandmother in Iowa donates believing she’s saving democracy, 98 cents goes to consultants and operational costs. Just pennies reach actual campaigns….

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“Former Trump prosecutor Jack Smith faces investigation by Office of Special Counsel”

WaPo:

The U.S. Office of special counsel said Saturday it is investigating Jack Smith, the former Justice Department official who oversaw two federal prosecutions of Donald Trump, for potentially violating the law barring federal officials from political activity.

The independent agencytasked with overseeing investigations into partisan influence and coercion confirmed its investigation of Smith over potential Hatch Act violations.

The Hatch Act prohibits most federal employees from using their official authority to influence elections or engage in overt political activity on the job. If the office concludes a federal employee has violated the law, it refers the case to the president. Discipline can range from a reprimand to a removal from federal service. Criminal penalties are rare.

Smith, who resigned from the Justice Department in the days before Trump’s inauguration this year, became the public face of the department’s efforts to hold Trump accountable for two sets of alleged crimes. Trump was accused of trying to block Joe Biden’s 2020 election victory, and, after leaving the White House upon completion of his first term, mishandling highly classified documents and obstructing government efforts to retrieve them. Neither case went to trial.

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