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Alert (NGO) http://www.scribd.com/Human_Rights_Alert Introduction The Superior Court of California, County of Los Angeles, ii is the largest county court in the United States, with over 400 judges, serving the most populous county in the United States, with over 10 million residents. iii Official, expert, and media reports have documented widespread corruption of the court for over a decade, and consistent refusal of the US government to take action. iv The most notable event related to corruption of the court was the Rampart scandal (19982000), which was described as the largest court corruption scandal in the history of the United States. v , vi , vii , viii The scandal involved large-scale false imprisonment and drug trade by police, patronized by the Court. Today, the most notable form of the corruption is in financial institution and real estate fraud in collusion with various banks, as part of the foreclosure crisis. A. Allegations and Opinions of Widespread Corruption of the Superior Court of California, County of Los Angeles Numerous official, expert, and media reports documented the widespread corruption of the Court over the late 1990s and early 2000s. 1. The Rampart Scandal (1998-2000) The Rampart scandal was the most notable event in the history of the Court in recent decades. A series of official, expert, and media report provided detailed examination of conduct of the Los Angeles Police Department, the County District Attorney, and the Court: "Innocent people remain in prison" "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..." LAPD Blue Ribbon Review Panel Report (2006) ix "...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2001) x
"This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) xi 2. The Rampart FIPs (Falsely Imprisoned Persons) xii The number of victims of the Rampart corruption scandal is unknown, but was estimated at many thousands. Even following repeated official, expert, and media reports of the scandal, the victims, the Rampart FIPs, were by and large never released. The case of the Rampart FIPs represents an unprecedented example of large-scale false imprisonment of civilians in the territorial United States, going on for well over a decade. B. Sustain - The Case Management System of the Court Implementation of Sustain around 1985, at a time that Ronald George, later Chief Justice of the California Supreme Court, served in leadership positions at the Superior Court of Los Angeles County, was opined as key to the alleged racketeering in the Court. Based on analysis of the system by Joseph Zernik, PhD, of Human Rights Alert (NGO), a leading international computer science scholar issued an opinion supporting allegations of fraud in the system, and calling on US computer science experts to investigate the system. xiii Key features of the system that enable the alleged racketeering in the court include, but are not limited to:
Failure to publish Local Rules of Court pertaining to new court procedures that were implemented by the Court through Sustain. Denial of access to Sustain records in general, and the Registers of Actions (California civil dockets) in particular, in apparent violation of First Amendment rights - to access court records to inspect and to copy. Failure to authenticate court records by the Clerk of the Court. Minutes are routinely entered by the Court in Sustain, while the Court deems the Due Process right to notice and service (inherent to authentication by the clerk) "waived". Failure to enter judgments as required by California Civil Code to make them "effectual for any purpose", and yet enforcing their execution.
C. Key Cases - Evidence of Racketeering The most common form of corruption of the courts in Los Angeles County, is in the conduct of simulated litigation, xiv a charade in the court, where judges preside with no assignment order, attorneys appear, who are not authorized counsel of record, and no minutes, orders, judgments are duly served and ordered, and proceedings are conducted “off the record”. (see further details below) The following cases provide examples of simulated litigation practices, and evidence of racketeering in the Los Angeles Superior Court:
1. Galdjie v Darwish The case is a prototype of simulated litigation and real estate fraud by the Court. In May 2002, Defendant Darwish appeared in the Superior Court in Santa Monica, on a day that Jury Trial was scheduled. She was deceived to proceed to the Culver City Municipal Court, where a Judge, who remained anonymous in court records conducted a "Court Trial" and ruled to take her 6-unit Santa Monica rental property. Darwish later provided a declaration that the "Muni-Judge" was John Segal. The judgment was never entered, but the property was taken by the court. The Court denies access to the case file to inspect and to copy. xv 2. Marina Homeowners Association v Los Angeles County In March 2009 Judge David P. Yaffe was reported by media to have sentenced former US prosecutor to "continuous confinement" for contempt of the court. The sentencing hearing was never listed in the case online chronology. The court denies access to the Register of Actions (California civil docket) of the case. No judgment was ever entered. Regardless, Richard Fine was arrested on that date in open court by the Sheriff's Warrant Detail, and was later held for 18 months in solitary confinement. The Sheriff booked Richard Fine, as arrested on location and by authority of the non-existent "Municipal Court of San Pedro". xvi , xvii 3. Sturgeon v Los Angeles County From 2007 to 2009 Justice James Richman (California Court of Appeals, 1st District) presided in simulated litigation in the Los Angeles Court. Subject matter was a petition for injunction, which originated in the secret taking by all judges of the Superior Court of Los Angeles County of "not permitted" payments from the County of Los Angeles, at ~$45,000 per judge per year. During the same years it became practically impossible to win a case against Los Angeles County in the court. xviii The Superior Court quadrupled in the case as the Court, the Judge, the Clerk, and a Party (Intervenor). Justice Richman routinely referred to himself as Judge "sitting by assignment". The Court routinely referred to Justice Richman as presiding "by reference", and Plaintiff's counsel referred to Justice Richman as presiding by "designation". No court record of assignment, reference, or designation was discovered. The Court denies access to the Register of Actions (California civil docket) in the case, in apparent violation of First Amendment rights. Justice Richman issued two judgments in the case both in favor of the Court. Neither was entered, but both were falsely deemed by the Court as valid judgments - permitting the ongoing payments by Los Angeles County to the judges of the Court. xix 4. Karimi v Mithaiwala Karimi v Mithaiwala was initiated as a petition for a divorce decree. In the course of the litigation the Court seized a community property corporation through conduct of Attorney David Pasternak, former President of the Los Angeles County Bar Association and former President of Bet Tzedek ("The House of Justice"), who appeared as "Receiver". However, Attorney David Pasternak had no valid Appointment Order. xx It should be noted that Attorney David Pasternak appeared as "Receiver" with no valid Appointment Order also in Galdjie v Darwish (see above), Commissioner Murray Gross
appeared as "Debtor Examiner" with no Appointment Order in Marina Homeowners Association v Los Angeles County, and Justice James A Richman appeared as "Referee" (according to the Court) with no Appointment Order in Sturgeon v Los Angeles County. 5. Lomas v Bank of America In Lomas v Bank of America, Plaintiff Susan Lomas tried to protect her rights against alleged fraud by Bank of America and others in foreclosure procedures. The litigation was opined as Fraud on the Court through collusion of Bank of America Corporation, California Judge Peter J Meeka, and Clerk of the Court John A Clarke, aimed to dispossess Lomas, while denying her due process and access to an honest court: xxi • Judge Peter Meeka routine falsified court records by creating secret “Minutes”, where he listed court proceedings as “off of the record”. In parallel, the same proceedings were listed in the online “Case Summary” in a manner that would lead a naïve reader to conclude that a true litigation was underway in the Court. • The Disqualification for a Cause, which was filed by Plaintiff Lomas on April 14, was falsely listed as “Peremptory”. “Peremptory Challenge” is one that is filed by a party on a new judge in a case, before a judge took any actions. • Attorney Mark Asdourian appeared in the case on behalf of Bank of America, but both he and Bank of America and its President Brian Moynihan refuse to state that Attorney Asdourian was authorized as Attorney of Record for Bank of America in the case. Fraud on the Court in courts across the United States, through appearances of unauthorized attorneys on behalf of Countrywide Financial Corporation (today a subsidiary of Bank of America) “with no communications with clients” clause was documented in the March 5, 2008 Memorandum Opinion of the Honorable Jeff Bohm from the US Bankruptcy Court in Texas. xxii Through such conduct, attorneys commit fraud on the courts on behalf of Bank of America, while providing Bank of America the pretense of deniability of knowledge and accountability for such conduct.
D. High-Level Financial Management Fraud and Allegations of Bribing Allegations of bribing and financial mismanagement have been leveled against the judges of the Superior Court of California, County of Los Angeles for over a decade. 1. Secret Corporations Controlled by the Judges Already in 1999, the Washington DC "Insight Magazine" published reports of secret corporations held by the judges of the Superior Court of California, County of Los Angeles. Inexplicable fund movements were reported in and out of such corporations. xxiii 2. Undisclosed Designation of Funds Collected by the Court In Galdjie v Darwish and other cases it was discovered that the Registers of Actions (California civil dockets) designated all fees that were collected by the Court as "Journal Entry". In other cases, such fees are designated "Filing Fees", "Motion Fees", "Stipulation Fees", etc. Presiding Judge Charles W. McCoy, Jr. and Clerk of the Court John A Clarke have refused to disclose the ultimate designation of such funds.
Misuse of "Journal Entry" is considered in accountancy texts as a cardinal sign of highlevel financial management fraud. xxiv 3. Secret Payments by Los Angeles County to Judges of the Court For over a decade in the early 2000s, judges of the Los Angeles Superior Court took "not permitted" payments from the County of Los Angeles. During the same period, it became practically impossible to win a case against Los Angeles County in the Los Angeles Superior Court. In 2009 "retroactive immunities" were signed into law for all such judges (see below). E. Alleged Racketeering in Collusion with Financial Institutions Some of the complaints filed with the US Attorney Office, Central District of California, and FBI detailed alleged racketeering at the Court in collusion with, and to benefit financial institutions, including, but not limited to Countrywide Financial Corporation, Bank of America Corporation, Coldwell Banker, United Title, Mara Escrow, Old Republic International, Union Bank, USC Credit Union, and more. In all the cases detailed in the complaints, tight collusion was alleged in the racketeering between the legal departments of the financial institutions, outside law- firms, large and small, and judges of the Court. xxv , xxvi , xxvii , xxviii , xxix , xxx , xxxi , xxxii F. Retroactive Immunities (Pardons) Accorded to Los Angeles County Judges On February 20, 2009 then Governor Arnold Schwarzenegger signed SBX 2-11, a bill that accorded all judges of the Superior Court of California, County of Los Angeles County with "retroactive immunities", relative to the taking of "not permitted" payments from Los Angeles County. xxxiii The California Constitution prohibits the enactment of retroactive laws.
G. Report of the Human Rights Council of the United Nations as Part of the 2010 Universal Periodic Review of Human Rights in the US In April 2010 Human Rights Alert (NGO)submitted a report to the Human Rights Council (HRC) of the United Nations, as part of the first ever Universal Periodic Review (UPR) of Human Rights in the United States. The Human Rights Alert report was later incorporated into the official HRC Staff Report, with reference to "Corruption of the courts and the legal profession and discrimination by law enforcement in California." xxxiv The report focused on evidence of corruption of the Superior Court of California, County of Los Angeles and the ongoing false imprisonment of thousands of victims of the Rampart corruption scandal (1998-2000) - the Rampart-FIPs (Falsely Imprisoned Persons). xxxv The Blue Ribbon Review Panel Report (2006) recorded the judges of the Superior Court opposing the release of the Rampart-FIPs, since it would cause "collapse of the justice system".
The other focus of the report was on housing and financial institution fraud under the guise of litigations at the Superior Court. H. Refusal of US Department of Justice to Take Action and Provide Equal Protection Throughout the Rampart scandal, the US Department of Justice refused to take action, and left the investigation, prosecution, and adjudication of the matter in the hands of the justice system of Los Angeles County. As a result, the victims - thousands of RampartFIPs (Falsely Imprisoned Persons) - remained imprisoned. The victims are almost exclusively black and Latinos. In 2008 Dr Joseph Zernik xxxvi filed requests for Equal Protection of the 10 million residents of Los Angeles County, California, against alleged racketeering by the Superior Court judges with FBI Director and US Attorney General. The US Department of Justice refused to take action in the matter even after Congressional Inquiries by California Senator Dianne Feinstein and California Congresswoman Diane Watson. xxxvii In June 2010 Human Rights Alert (NGO) filed complaint with the then newly reestablished Public Corruption and Civil Rights Division of the US Attorney Office, Central District of California, alleging widespread corruption and racketeering by judges of the Superior Court of California, County of Los Angeles, and Deprivation of Rights of the 10 million residents of Los Angeles County, California. xxxviii , xxxix The complaint was based in part on official, expert, and media reports going back for over a decade. The US Attorney Office has refused to acknowledge receipt of the complaint, and has not responded in any manner. Under the Bush administration, the US Attorney, Central District of California, closed the Public Corruption and Civil Rights Unit. The Unit was claimed to have been reestablished in 2010. However, Andre Birotte, the current US Attorney, refused to confirm receipt of any complaints of public corruption, or investigate them. xl I. Patronizing of Corruption of the Los Angeles Superior Court by the US Courts The case of the 70 year old, former US prosecutor Richard Fine is considered a landmark in the history of the corruption of the Los Angeles Superior Court. Richard Fine was subjected false imprisonment in solitary confinement for 18 months under fraudulent arrest and booking records. Moreover, his habeas corpus petitions were subjected to simulated review in:
• • •
The US District Court, Central District of California (Judge John Walter and Magistrate Carla Woehrle) The US Court of Appeals, 9th Circuit (Chief Judge Alex Kozinski, Circuit Judges Richard Paez and Richard Tallman) The Supreme Court of the United States (Justice Anthony Kennedy and the full conference of the Court)
Therefore, the case provided direct evidence for the patronizing of the corruption of the Los Angeles Superior Court by the US courts. xli Conclusion The case of the Superior Court of California, County of Los Angeles, provides a unique example of public corruption – corruption in full public view, which the People are not able to overcome for decades. Conditions in Los Angeles County, California, amount to a Human Rights abuse of historic proportion, by a state court, operating as a racket, and patronized by the US Department of Justice and the US courts to their highest levels. Corruption of the Los Angeles Court is extremely well documented, but it is not unique at all. Fraud in foreclosure and bankruptcy procedures by attorney and financial institutions, often in collusion with judges and clerks, is common place in both the state and US courts. xlii , xliii , xliv , xlv Conditions in the state courts led Harvard law professor Lawrence Tribe, in his capacity as Special Counsel, Access to Justice Initiative, US Department of Justice, to compare them to courts of “third world countries”. xlvi Likewise, corruption of the US Department of Justice is well established. In 2009, Senator Patrick Leahy, Chair of the Senate Judiciary Committee, called for the establishment of a Truth and Reconciliation Commission. Such commissions are typically instituted in nations, emerging from various types of tyrannies. xlvii Conditions in Los Angeles County, California, should be considered tyranny of the courts. References and Endnotes Joseph Zernik, Biographical Sketch http://www.scribd.com/doc/46421113/ ii Website of the Superior Court of Los Angeles County: http://www.lasuperiorcourt.org/ List of Superior Court judges: http://www.courtinfo.ca.gov/courts/trial/judges.htm iii Wikipedia, Los Angeles County, California http://en.wikipedia.org/wiki/Los_Angeles_county iv Human Rights Alert (NGO), Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UN UPR Staff Report" April 19, 2010 http://www.scribd.com/doc/38566837/ v Human Rights Alert (NGO), Complaint Filed with US Attorney Office against California Judge Jacqueline Connor for Public Corruption and Racketeering, August 9, 2010 http://www.scribd.com/doc/35592511/
Human Rights Alert (NGO), Rampart-FIPs (Falsely Imprisoned Persons) - A Review, December 17, 2009 http://www.scribd.com/doc/24729660/ vii LAPD Blue Ribbon Review Panel, Rampart Reconsidered, July 15, 2006 http://www.scribd.com/doc/24902306/ viii PBS Frontline: LAPD Blues, Rampart First Trial: Rampart False Imprisonments, July 15, 2006 http://www.scribd.com/doc/24901612/ ix LAPD Blue Ribbon Review Panel, Rampart Reconsidered, 2006 http://www.scribd.com/doc/24902306/ x Prof David Burcham, Dean, Loyola Law School, LA, Policing the Justice System, 2001 http://www.scribd.com/doc/29043589/ xi Prof Erwin Chemerinsky, Dean, Irvine Law School, The Criminal Justice System of Los Angeles County, 2001 http://www.scribd.com/doc/274339 xii 09-12-17-Rampart-FIPs (Falsely Imprisoned Persons) - Review http://www.scribd.com/doc/24729660/ xiii Prof Eliyahu Shamir, Opinion Letter re: Sustain - the Case Management System of the Superior Court of California, County of Los Angeles, April 20, 2009 http://www.scribd.com/doc/46069337/ xiv "Simulated litigation", "simulated decisions", "simulated service" here refer to conduct defined in the Texas Criminal Code as follows: Texas Penal Code §32.48. SIMULATING LEGAL PROCESS. (a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to: (1) induce payment of a claim from another person; or (2) cause another to: (A) submit to the putative authority of the document; or (B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document. (b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered. xv Human Rights Alert, Complaint filed with US Attorney Office against Judge John Segal, Clerk John Clarke, Attorney David Pasternak, Los Angeles Superior Court, July 19, 2010 http://www.scribd.com/doc/34504304/ xvi Human Rights Alert (NGO), Richard Isaac Fine - A Review, December 17, 2009 http://www.scribd.com/doc/24729084/ xvii Human Rights Alert (NGO), Marina v LA County (BS109420) Complaint Filed with US Attorney Office, Los Angeles, against Judge David Yaffe and Sheriff Lee Baca - for Public Corruption and Deprivation of Rights in Imprisonment of Richard Fine, July 8, 2010 http://www.scribd.com/doc/34057033/
Human Rights Alert (NGO), Richard Isaac Fine - A Review, December 17, 2009 http://www.scribd.com/doc/24729084/ xix Human Rights Alert (NGO), Complaint filed with US Attorney Office, Central District of California against Justice James A. Richman, Presiding Judge Charles McCoy, Clerk John A. Clarke, July 15, 2010 http://www.scribd.com/doc/34408770/ xx Human Rights Alert (NGO), RE: Karimi v Mithawaila (BD518503) - Complaint against Attorney David Pasternak and the Superior Court of California, County of Los Angeles, for public corruption and racketeering in pretense receiverships at the Court, August 13, 2010 http://www.scribd.com/doc/35828312/ xxi Human Rights Alert (NGO), PRESS RELEASE: Lomas v Bank of America (KC059379) – Fraud turns into Extortion in the Los Angeles Superior Court, April 17, 2011 http://www.scribd.com/doc/53212710/ xxii Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion, March 5, 2008 http://www.scribd.com/doc/25001966/ xxiii Insight Magazine, LA Superior Court Judges 'Slush' Fund.Is Justice for Sale in L.A.?, April 11, 1999 http://www.scribd.com/doc/39177872/ xxiv Human Rights Alert (NGO), High level financial management fraud at the Los Angeles Superior Court, Sheriff's Department - A call for action by US law enforcement, October 13, 2010 http://www.scribd.com/doc/39218147/ xxv Human Rights Alert (NGO), Dr Zernik's Complaint Filed with US Attorney Office Los Angeles against Mr David Pasternak for Public Corruption Deprivation of Civil Rights, June 21, 2010 http://www.scribd.com/doc/33354641/ xxvi Human Rights Alert (NGO), Complaint Filed with US Attorney Office Los Angeles against Moynihan Bank of America [NYSE:BAC], Bryan Cave LLP Alleging Racketeering, July 6, 2010 http://www.scribd.com/doc/33971099/ xxvii Human Rights Alert (NGO), Complaint Filed with US Attorney Office against California Judge Jacqueline Connor for Public Corruption and Racketeering, August 9, 2009 http://www.scribd.com/doc/35592511/ xxviii Human Rights Alert (NGO), USC Credit Union FBI complaint for fraud and extortion against Vice President Christine Schwarz President Gary Perez, May 23, 2010 (http://www.scribd.com/doc/31799262/ xxix Human Rights Alert (NGO), Complaint Filed with FBI against Maria McLaurin, Bank of America [NYSE:BAC] Jae Arre Lloyd, a Convicted Felon and "Loan Originator", and Nivie Samaan, May 21, 2010 http://www.scribd.com/doc/31725728/
Human Rights Alert (NGO), FBI complaint against Michael Libow, Coldwell Banker, and Gail Hershowitz - Mara Escrow, both of Beverly Hills, California, for conspiracy of real estate fraud and extortion, May 22, 2010 http://www.scribd.com/doc/31772791/ xxxi Human Rights Alert (NGO), FBI complaint against Michael Libow, Coldwell Banker, and Gail Hershowitz - Mara Escrow, both of Beverly Hills, California, for conspiracy of real estate fraud and extortion, May 22, 2010 http://www.scribd.com/doc/31772791/ xxxii Human Rights Alert (NGO), Press Release: FBI Complaint against Union Bank and Its President Masaaki Tanaka, June 21, 2010 http://www.scribd.com/doc/31347227/ xxxiii California Senate, Sbx2-11, February 14, 2009 http://www.scribd.com/doc/25149045/ xxxiv United Nations Human Rights Council, Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR Staff report, April 19, 2010 http://www.scribd.com/doc/38566837/ xxxv PBS Frontline-LAPD Blues, Rampart First Trial: Rampart False Imprisonments Broadcast: 2001,Updated May 1, 2009 http://www.scribd.com/doc/24901612/ xxxvi Human Rights Alert (NGO), Joseph Zernik, PhD, Biography, January 6, 2011 http://www.scribd.com/doc/46421113/ xxxvii Human Rights Alert (NGO), Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UN UPR Staff Report, April 19, 2010 http://www.scribd.com/doc/38566837/ xxxviii Human Rights Alert (NGO), Human Rights Alert Complaint filed with US Attorney Office Los Angeles Re: Large Scale False Imprisonments in Los Angeles County, April 23, 2010 http://www.scribd.com/doc/33647477/ xxxix Human Rights Alert (NGO), Author’s Biography, Joseph Zernik, PhD http://www.scribd.com/doc/46421113/ xl Human Rights Alert (NGO), PRESS RELEASE: Request filed with US Congress for impeachment of US Attorney, Central District of California, ANDRE’ BIROTTE, Jr, for tolerating racketeering by California judges, attorneys, and others, July 10, 2011 http://www.scribd.com/doc/59709940/ xli Human Rights Alert (NGO), Habeas Corpus in the United States - the case of Richard Isaac Fine, April 23, 2011 http://www.scribd.com/doc/24729084/ xlii Human Rights Alert (NGO), Foreclosure Fraud Settlements- Compilation of Media Reports, February 24, 2011 http://www.scribd.com/doc/57875616/ xliii a) AP - Bank of America Issues Nationwide Moratorium on Foreclosures, b) CNBC Foreclosure Primer, October 8, 2010 http://www.scribd.com/doc/40470701/
Human Rights Alert (NGO), Real Estate, Attorney Scams Rise Amid Foreclosures _ California Watch, August 9, 2010 http://www.scribd.com/doc/46317163/ xlv Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion, rebuking Countrywide's litigation practices, Countrywide's false outside counsel scheme - appearances by counsel who are not Counsel of Record, with "no communications with clients" clause, March 5, 2008 http://www.scribd.com/doc/25001966/ xlvi National Defender Leadership Institute, "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations,” 2010 http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-262010_gideonalert xlvii In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice; Transcript of Senator Leahy speech, 2009 http://www.scribd.com/doc/38472251/
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