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What Happened to the 72 Year Old Florida Criminal Lawyer’s Sexual Coercion of A 23 Yr Old Client Resulting in a Child?

Chief Judge Ellen S. Masters of the Tenth Judicial Circuit is the “referee” in the Florida Bar Complaint. One Year Suspension is recommended.

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UPDATE: June 17, 2021

Fl. Supreme Court rightly Rejects Chief Judge Masters Recommendation. 120 day extension of time requested to allow Masters to try again and recommend disbarment of this nasty lawyer.

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Florida Lawyer Faces Suspension After Having Sex With and Impregnating Client

The lawyer is also a jail inmate, awaiting trial after allegedly being caught in a sting operation agreeing to pay $100 for sex with a 16-year-old.

DEC 17, 2020 | REPUBLISHED BY LIT: JUN 19, 2021

A Melbourne criminal defense attorney who admitted to having sex with and impregnating a client could end up receiving a one-year suspension.

That’s according to a recommendation from court-appointed referee Chief Judge Ellen S. Masters of the Tenth Judicial Circuit of Florida, who found attorney John Gillespie guilty of having a sexual relationship with a particularly vulnerable client.

The report, filed Monday, found that was a violation of six bar rules, governing misconduct, conflict of interest and bar admission.

Gillespie, 72, is also an Orange County jail inmate, awaiting trial after allegedly being caught in a sting operation agreeing to pay $100 for sex with a 16-year-old. He is accused of using his firm to run a prostitution ring, but has pleaded not guilty to all charges.

Attorney John Gillespie’s Jailhouse Response to Florida Bar

The bar’s July complaint, however, involves allegations from an Osceola County resident who hired Gillespie to represent her adult daughter in two criminal cases.

Gillespie knew the daughter had a history of drug abuse, and even argued she was incompetent to stand trial and had a history of mental illness, according to the referee’s report.

Yet, a year later in March 2019, the client gave birth to Gillespie’s son, who took the attorney’s surname, according to the referee’s report.

Gillespie initially denied having sex with the client. His answer to the bar’s complaint argued, ”However, even if this child were mine and even if I had had some kind of physical contact with her daughter, that would not be a violation of the Attorney’s Code of Ethics unless it had adversely affected her daughter’s case.”

The attorney walked that back after a paternity test revealed he was the father, but he maintained the sexual relationship never impaired his ability to represent the client. The referee’s report said the Department of Children and Families removed that child from Gillespie’s home in March 2019.

Gillespie also admitted to spreading rumors that his client was a police informant to ward off drug dealers, testifying that, “when she would walk into a place, like a drug — some type of drug place, people would scatter like roaches,” according to the report.

Masters found the attorney later represented the woman in a Brevard County misdemeanor case, again alleging she was incompetent to go to trial, and he remained her lawyer until February 2020.

Pointing to case law featuring similar sexual misconduct by attorneys, the referee recommended a one-year suspension, requiring Gillespie to provide proof of rehabilitation and cover nearly $4,000 in bar costs.

One of the cases the referee relied upon involved an attorney who was suspended for a year over allegations he’d had sex with two clients and sent money to their jail commissary accounts. Another attorney with a prior history of disciplinary action received a year’s suspension and two years of probation for allegedly trading legal services for sex.

The vulnerability of Gillespie’s victim worked against him in this instance, as did his pattern of misconduct and substantial experience since joining the bar in 1998. But Masters also considered some mitigating factors: that Gillespie has personal or emotional problems, a physical or mental disability or substance abuse disorder and no disciplinary history.

Gillespie is representing himself in the discipline case and signed a conditional guilty plea agreeing to the suspension.

His criminal defense attorney Dean Mosley did not immediately respond to a request for comment.

The Florida Supreme Court has the final say on attorney discipline and is yet to rule.

Judge Masters wins Jurist of the Year

MAR 26, 2021 | REPUBLISHED BY LIT: JUN 19, 2021

Chief Judge Ellen S. Masters was presented with the Jurist of the Year 2020-21 Award by the Polk Association of Women Lawyers at its third annual Women’s History Luncheon on March 12.

Masters was re-elected to serve a second term as the Chief Judge of the Tenth Judicial Circuit. Her second term will begin July 5

On July 1, 2019, Judge Ellen Sly Masters became Chief Judge of the Tenth Judicial Circuit, Florida, having been unanimously elected to the position by the judges serving in Hardee, Highlands, and Polk counties.

Judge Masters received her J.D. from Stetson University College of Law Cum Laude in 1989.

Melbourne defense attorney accused of using firm as prostitution front hit with more human trafficking charges

MAY 21, 2020 | REPUBLISHED BY LIT: JUN 19, 2021

A Melbourne criminal defense attorney accused of using his law firm as a prostitution front is facing more human trafficking charges, based on allegations that he had sex with an underage girl in exchange for legal services he provided to her pimp.

Attorney General Ashley Moody’s Office of Statewide Prosecution confirmed Wednesday that John Gillespie, 71, is facing additional counts of trafficking a juvenile for commercial sex and trafficking an adult for commercial sex.

The 15-year-old girl first made the allegations against Gillespie in an interview she did with an investigator in December 2014.

In a second interview April 23 with agents from the Metropolitan Bureau of Investigation, the now-adult victim said she met the attorney in 2013, about two months after an Orlando man named Montavius Postell began trafficking her, according to redacted MBI records obtained by the Orlando Sentinel.

Without her knowledge, Postell arranged for the girl to have sex with Gillespie, who was Postell’s attorney, multiple times in exchange for legal fees.

The victim told investigators she was chosen because “everybody’s dream girl is blond hair and blue eyes, so I was everybody’s dream girl.”

After telling her to “dress nice,” Postell drove the teenager to Gillespie’s office, where he gave her a condom and told her to have sex with his lawyer, according to the report.

The victim began crying when she told investigators Gillespie didn’t ask her age. She said she didn’t speak to him as they had sex “because it was nasty.”

After she left the attorney’s office, the victim said she overheard Gillespie complaining to Postell that she was inexperienced, adding that he wanted another “blond with blue eyes,” the documents said.

“You better find somebody else better or pay,” Gillespie told his client, according to the victim.

Postell was angry after the girl didn’t satisfy Gillespie, telling her she had to “do better” if she wanted to stay, the victim told investigators. Although she wanted to leave, the victim said she could not tell Postell that or he would beat her.

The victim said Postell took other women to meet Gillespie at the lawyer’s office and a courthouse for sex multiple times, but she was never forced to have intercourse with the attorney again, the report said.

Postell and an accomplice were accused of physically and sexually abusing, drugging and prostituting a 15-year-old girl in 2013. He pleaded guilty to trafficking a minor and lewd or lascivious battery. Orange County court records show he was represented by Gillespie in a 2012 criminal traffic case.

MBI agents also interviewed another woman April 29 who told them Gillespie supplied her with drugs and let her live in his home in exchange for her prostituting herself and cleaning his house.

The woman said Gillespie promised her he would get her custody of her children and described him as “a monster, someone who takes advantage of any women in a bad situation,” according to the records.

Gillespie pleaded not guilty to the previous charges filed against him, including racketeering and human trafficking for commercial sexual activity with a child under 18, court records show.

Investigators say the attorney agreed to pay an undercover agent posing as an underage girl $100 for sex and used his law firm to recruit women into prostitution.

Gillespie’s attorney did not immediately respond to a request for comment.

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Florida

Florida Supreme Court Shirk Florida Bar

The Florida Bar filed a formal complaint against Matt Shirk at request of the Florida Supreme Court, which rejected a conditional guilty plea.

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Referee appointed to review Florida Bar complaint against Matt Shirk

Case stems from alleged ethics violations from Shirk’s tenure as Public Defender for the Fourth Circuit

JUL 1, 2021 | REPUBLISHED BY LIT: JUL 22, 2021

A court-appointed referee is reviewing the Florida Bar’s complaint against former Fourth Circuit Public Defender Matt Shirk and could recommend potential sanctions for him, according to court records.

The Florida Bar filed a formal complaint against Shirk at the request of the Florida Supreme Court, which rejected a conditional guilty plea the former public defender entered earlier this year to resolve alleged ethics violations that occurred while he held public office.

Chief Judge Raul Zambrano of the Seventh Judicial Circuit was appointed to serve as referee and investigate the contents of the Bar’s complaint by hearing witnesses and reviewing evidence. If the referee recommends guilt, he will also recommend appropriate sanctions. Barring an extension, Zambrano has until Oct. 11 to submit his findings.

The court proceedings stem from Shirk’s time in office as public defender from 2009 to 2017.

Among other things, Shirk was accused of hiring three young women outside of normal hiring practices and later firing them to save his marriage. He was also accused of serving or consuming alcohol in a city building, and of revealing privileged client information to a film crew.

Those accusations led to a grand jury investigation whose findings were sent to the Florida Commission on Ethics, which resulted in public censure, reprimand and a $6,000 fine. The ethics commission found Shirk’s conduct violated ethics rules relating to professional behavior.

In February, Shirk agreed to enter a conditional guilty plea in which he admitted violating several rules of the Florida Bar, including the Rules of Professional Conduct, in exchange for a six-month suspension from practicing law. The state Supreme Court rejected the conditional plea and ordered the Bar to file a formal complaint against Shirk.

Court records show a case management conference is set for July 9.

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Eleventh Circuit

Southern Florida Judge Orders Retrial for Fraud by Prosecutors. It Wasn’t Lyin’ Judge Marra

Judge Darrin P. Gayles claims during a court hearing the original prosecutors “deliberately misled this court.” He orders a new AUSA team.

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July 16, 2021: S.D. Fl. Judge Orders New Trial After AUSAs ‘Deliberately Misled’ Him

A Florida federal judge said Friday he would be ordering a new trial — with a new prosecution team — for a trio of men found guilty of swiping millions of dollars from elderly people in a sweepstakes scheme, saying during a hearing that the original prosecutors “deliberately misled this court.”

A federal judge in Miami has ordered a new trial for three men found guilty in a fraudulent sweepstakes scheme after concluding that federal prosecutors had “knowingly invaded the defense camp” while lying to the court about it.

U.S. District Judge Darrin Gayles of the Southern District of Florida said two initial prosecutors in the case “deliberately misled this court.”

Law360 and the Miami Herald have coverage of Gayles’ remarks, made during a hearing Friday.

Gayles said he had allowed the three Florida men to be tried without knowing the extent of prosecutors’ alleged wrongdoing, according to the coverage.

Prosecutors had received handwritten notes from a fourth defendant who attended defense meetings without disclosing that he had obtained a plea deal with prosecutors, Gayles said during the hearing. The other defendants were working together under a joint defense agreement.

The fourth defendant, 53-year-old John Leon of Wilton Manors, Florida, had received government authorization to attend strategy meetings. Yet prosecutors lied about whether Leon had attended more than one meeting and whether they approved his participation, Gayles said.

One of the federal prosecutors had countered in a court filing that Leon’s cooperation was “kept covert” because he was cooperating with the government against a noncharged defendant, according to the Miami Herald. The prosecutor also said Leon had been instructed not to share privileged information.

The Florida defendants—46-year-old Matthew Pisoni of Fort Lauderdale, Florida; 42-year-old Marcus Pradel of Boca Raton, Florida; and 39-year-old Victor Ramirez of Aventura, Florida—had been convicted of conspiracy to commit mail fraud in 2017. They were accused of telling their scam victims that they had won a sweepstakes prize, and they had to pay $20 to $50 to redeem it.

The defendants sought a new trial after receiving new evidence obtained during an investigation by the U.S. attorney’s office and the Department of Justice’s Office of Professional Responsibility.

The government countered that much of the “newly discovered” evidence cited by the defendants wasn’t material and had no exculpatory value.

Department of Justice
U.S. Attorney’s Office
Southern District of Florida

FOR IMMEDIATE RELEASE

Four South Florida Residents Sentenced to Prison for Conspiring to Commit Sweepstakes Mail Fraud

Wednesday, November 29, 2017 | REPUBLISHED BY LIT: JUL 19, 2021

Four Florida residents were sentenced to prison terms ranging from 42 months imprisonment to 84 months imprisonment for participating in a sweepstakes mail fraud scheme.

Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Antonio J. Gomez, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, made the announcement.

Matthew Pisoni, 44, of Fort Lauderdale, Marcus Pradel, 41, of Boca Raton, and Victor Ramirez, 38, of Aventura, were found guilty of conspiring to commit mail fraud, in violation of Title 18, United States Code, Section 1349, after a five-week trial that ended on July 26, 2017. John Leon, 50, of Fort Lauderdale, previously pled guilty to conspiring to commit mail fraud, in violation of Title 18, United States Code, Section 371.

Today, United States District Court Judge Gayles sentenced Pisoni and Ramirez to 84 months imprisonment; Pradel to 78 months imprisonment; and Leon to 42 months imprisonment.

The trial evidence established that the four defendants, Pisoni, Pradel, Ramirez and Leon, falsely notified individuals by mail that they had won a substantial prize. The letters the defendants sent fraudulently represented that the recipients needed to pay a fee ranging from $20 to $50 to the defendants in order to redeem their purported winnings. During the course of the mail fraud conspiracy, more than 100,000 victims in the United States and abroad were fraudulently induced to pay the fees by the defendants’ misleading claims that they had won a prize. The fraudulent letters directed victims to pay the fees in cash or by check or money order payable to fictitious companies. The defendants then either processed the victims’ payments through independent payment processors or deposited them into shell bank accounts controlled directly and indirectly by the defendants and their co-conspirators. In total, over $25 million in victim payments went into the defendants’ and co-conspirators’ bank accounts.

Mr. Greenberg commended the investigative efforts of the IRS-CI, USPIS, Federal Trade Commission, Aventura Police Department, and other local and international law enforcement agencies. The case is being prosecuted by Assistant U.S. Attorneys Elijah Levitt, and H. Ron Davidson.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

‘Breathtaking’ revelation delays start of prison term for men in $25M sweepstakes fraud

JAN 12, 2018 | REPUBLISHED BY LIT: JUL 19, 2021

Three South Florida men convicted of operating a $25 million sweepstakes fraud were supposed to turn themselves in to start serving their punishments on Friday afternoon.

But a judge has agreed to delay their prison surrenders after what the defense calls outrageous last-minute revelations from federal prosecutors.

It’s the latest twist in a controversial case in which victims, mostly seniors, were tricked into sending money to claim a fictitious cash prize.

“The government has disclosed breathtaking new evidence … demonstrating that its witnesses testified falsely … and that the prosecutors made misleading arguments to the court,”

appeals attorney David Oscar Markus wrote in a court filing.

Matthew Pisoni, 45, of Fort Lauderdale, Marcus Pradel, 41, of Boca Raton, and Victor Ramirez, 38, of Aventura, were found guilty of mail fraud conspiracy after a jury trial last year. John Leon, 50, of Wilton Manors, pleaded guilty to the same charge in 2016 and cooperated with investigators.

Leon was going to testify against the other three men but U.S. District Judge Darrin Gayles barred him from doing so in late 2016.

At the time, the judge also blasted the U.S. Attorney’s Office for allowing Leon to spy on his co-defendants — and their attorneys — after Leon had secretly made a plea deal with the prosecution.

The judge called the prosecution’s handling of the case “extraordinary.”

Judge blasts federal prosecutors over secret deal that led to spying on defense

“I don’t know what’s happening at the U.S. Attorney’s Office. This is the latest of a series of incidents that is affecting the credibility of this office,”

the judge said during the 2016 hearing.

“Someone has got to look at this thing … There’s a problem here that needs to be rectified in some way.”

Defense attorneys for the three men said they were blindsided by prosecutors and Leon’s defense attorney, Omar Johansson.

The problem was different from regular snitching by informants, they said, because all four men had pleaded not guilty in 2015 and, at the time, they and their attorneys had a formal agreement to work together and come up with defense strategies.

Anyone who wanted out was supposed to give 48 hours’ notice to the others.

The judge rejected their request to throw out the charges before trial because of what the defense called an illegal “invasion of the defense camp” by the prosecution.

During the 2016 hearing, prosecutors H. Ron Davidson and Elijah Levitt told the judge they had thought it was essential to keep Leon’s cooperation secret because he was working undercover for them on another related investigation.

They said they later regretted not running their decision up the chain of command at the U.S. Attorney’s Office in Miami.

The judge said that, at a minimum, they should have told their bosses and asked for the judge’s explicit approval.

The prosecutors also told the judge at the hearing they had never received any documents from Leon.

The three men went to trial and were convicted, without Leon’s testimony.

Pisoni and Ramirez were sentenced to seven years in federal prison, Pradel to 6 ½ years and Leon to 3 ½ years. Leon is still expected to begin serving his sentence on Tuesday.

Judge Gayles agreed Thursday to let the other three men remain free until at least March 16. Their attorneys have requested a court hearing to find out more about the newly released information.

They may seek a new trial or use it on appeal.

Earlier this week — three days before the men were due to go to prison — prosecutors filed a court document saying they wanted to “correct” the record. They revealed that Leon gave prosecutor Levitt a document that they now believe may have been a chart or timeline — compiled for the defense by Pradel — which they had claimed they never received.

They now can’t find the document, they wrote.

“The government believes that this document may have been the timeline discussed during the hearings, but the government cannot be certain because the document was placed in a sealed file folder without being examined and no federal agent or Assistant United States Attorney has ever opened the sealed file folder and read the document contained therein,”

they wrote.

“Moreover, Assistant United States Attorney Levitt has exhaustively searched his office’s records but has been unable to locate the sealed file folder with the document.”

Prosecutors, who previously said in court they had rejected Leon’s offer of the chart, also revealed that Leon gave handwritten notes to an IRS agent.

Pisoni, the son-in-law of the late self-help guru Wayne Dyer, was the ringleader of the fraud, according to prosecutors.

Markus, the attorney handling Pisoni’s appeal, declined to comment on the legal aspects of the case.

Pisoni returned home when he learned of the two-month reprieve on Thursday after he had already taken a flight to New Orleans on his way to surrender at his designated prison, Markus said.

The new filing raises more questions than it answers and calls “into question the credibility of the government’s presentation, witnesses, and evidence,” Markus wrote.

A spokeswoman for the U.S. Attorney’s Office declined to comment on the pending case, citing Department of Justice policy.

The U.S. Attorney’s Office has had similar issues in the past, Judge Gayles noted in the 2016 hearing.

He mentioned a reprimand issued in 2009 by a judge who ordered prosecutors to pay a defendant more than $600,000.

That judge ruled prosecutors and a Drug Enforcement Administration agent acted “vexatiously and in bad faith” when they secretly recorded a Miami defense lawyer, Markus, and his investigator in a questionable witness-tampering investigation.

An appeals court later ruled Dr. Ali Shaygan, who was found not guilty of prescription drug charges, was not entitled to the money because of how Judge Alan Gold handled the reprimands of the prosecutors.

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Who is Presiding Judge Andrea Gundersen, Mortgage Foreclosure Division, Seventeenth Judicial Circuit?

Judge Gundersen presides over all foreclosures in Broward County. She has been referred to JQC, asking that she be removed from the bench.

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FL Honest Lending Report

REPUBLISHED BY LIT: JUL 5, 2021

After orchestrating one of the largest consumer frauds in American history, the banking industry continues the unethical and illegal servicing and foreclosure practices that were uncovered during the “robo-signing” scandal which eventually led to the $25b settlement with 49 State Attorneys General in 2012.

While some of the unethical practices regarding origination were curbed after the settlement, unethical servicing and fraudulent foreclosures continue to plague homeowners.

Floridians for Honest Lending (FHL) reviewed several hundred foreclosure complaints filed in 2019 by Bank of America, the Bank of New York Mellon, and JP Morgan Chase in the Eleventh and Seventeenth Judicial Circuit Courts that comprise Miami-Dade and Broward counties respectively. Upon that review, FHL found 369 foreclosure complaints were filed with rubber-stamped blank endorsements with signatures of David SpectorLaurie MederMichele Sjolander, and Cynthia Riley, whose names became synonymous with the robo-signing scandal. Of those, 325 were loans originated by Countrywide, the disgraced mortgage company that was bought by Bank of America in 2008.

In addition, FHL found that in Miami-Dade alone, 310 homes had been sold at auction since January 2019 that included these same rubber-stamped blank endorsements from these same rubber-stamped blank endorsements, 21 of which were sold during the COVID-19 pandemic.

The fraudulent rubber-stamped blank endorsements are used to establish standing and the banks’ right to foreclose on homeowners, the same homeowners that were sold predatory loans and pushed into foreclosure with unethical servicing practices.

This practice of filing false documents was documented by 60 Minutes in 2011 and was part of the complaint filed by the 49 State Attorneys General.

It was discovered after the $25b National Mortgage Settlement that Bank of America and JP Morgan Chase continued to submit forged documents, now relying on forgery and perjury, in foreclosures across the nation.

Unfortunately, the banks’ reckless greed left millions of properties with mortgages and promissory notes corrupted and the chain of title on those properties broken, putting trial court judges in an uncomfortable position of either taking the banking industry to task for these forged documents or kicking a family out of their home.

Unfortunately, with little scrutiny from the media, legislators, or regulators, our court system has heavily favored the latter.

In fact, FHL’s review found that in Broward county, 217 of the 219 foreclosure complaints filed in 2019 that included fraudulent rubber stamps were assigned to Judge Andrea Gundersen.

Of these cases assigned to Judge Gundersen, 126 of them have been closed, none of which were ruled in favor of the defendant.

Currently, Judge Gundersen presides over all foreclosures in Broward County.

She was reassigned from Family Court and does not have prior experience in foreclosure litigation.

Since her reassignment, defense attorneys have filed motions for judicial disqualification against Judge Gundersen for allowing attorneys for Bank of America to misrepresent the law and argue that “fraud on the court” is allowed in foreclosure because of a “litigation privilege” and ordering the defendant to pay the Bank’s attorney’s fees for challenging the fraud.

In April 2021, Judge Gundersen granted nineteen motions for disqualification in cases she presided over.

The clients have referred Judge Gundersen to the Judicial Qualifications Commission asking that she be removed from the bench.

These fraudulent foreclosures impact real people like Ana Rodriguez, an 82-year-old homeowner who was a former Cuban political prisoner, who now faces eviction because she was sold a predatory loan by Countrywide.

It impacts people like Mrs. Marie Williams-James who never missed a mortgage payment but Bank of America foreclosed on her anyway and Mr. and Mrs. Simpson who were working on a mortgage modification when the Judge refused the bank’s motion for continuance and forced the Simpsons into a fraudulent foreclosure judgment.

There is a new foreclosure crisis looming due to the economic effects of the COVID-19 pandemic. As we get the pandemic under control, the federal government will be under increased pressure from the banking industry to lift the FHFA moratorium for federally-backed mortgages from Fannie Mae and Freddie Mac.

That moratorium only protects borrowers who had strong enough credit scores to qualify for government-backed mortgages. The elderly, communities of color, and first-time homebuyers who took subprime mortgages are not protected by any moratorium and are still being evicted during the pandemic.

The issue of fraudulent foreclosures must be resolved before this new crisis begins. This is an issue that demands action at the local, state, and federal levels from legislators, regulators, and our judicial system.

We cannot continue to allow fraud in our justice system for the convenience of the banking industry and at the expense of homeowners’ American Dream.

Floridian for Honest Lending is a project of Opportunity For All Floridians, a 501c4 non-profit organization. We believe that our system will only work with transparency, honesty, and accountability. Our research can be found here.

Each complaint filed by the banks’ attorneys is linked in the second column. The forged rubber stamps can usually be found on the promissory notes that are included in the exhibits.

Below you can also find a sample of the varied David Spector signatures.

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