Category Archives: Lawyer false statements

Michigan board recommends disbarment for lawyer who allegedly lied about, inter alia, being on the 1996 U.S. Olympic team

Hello everyone and welcome to this Ethics Alert which will discuss the recent Michigan Disciplinary Board opinion recommending disbarment for lawyer who allegedly lied about his qualifications and participation on a U.S. Olympic team.  The case is Michigan Grievance Administrator, v. Ali S. Zaidi, Case No. 14-117-GA (January 11, 2017).  The Disciplinary Board’s opinion is here: http://www.adbmich.org/coveo/opinions/2017-01-11-14o-117.pdf

According to the Board opinion, the lawyer made misrepresentations that “run the gamut from outlandish and extravagant to what might be termed modifications of his record inspired by some actual events”.  The lawyer misrepresented and inflated the time of his employment and invented fictional summer associate positions at law firms where he worked at other times.  He was employed for short periods by law firms in Connecticut and Missouri and he falsely claimed that he was admitted to practice in those states.

The lawyer also falsely claimed that he was on the 1996 U.S. Olympic field hockey team and that he had a master of liberal arts from Harvard University.  He also maintained a website that represented that his law firm, called Great Lakes Legal Group, was associated with multiple lawyers at several locations around the country.  The lawyer admitted that this representation was false and that law firm was just an “idea that is still in progress.”

A disciplinary hearing was scheduled before a Board panel.  The lawyer requested that the hearing be continued because of a birthday party for his children and later because he could not obtain child care. The request was denied and the hearing was held without his presence.  The panel found the lawyer guilty, found numerous aggravating factors, and recommended disbarment.

The lawyer filed a petition for review claiming that he missed the hearing because his daughter was recovering from surgery on her eye; however, the disciplinary board found that the lawyer had been provided proper notice and upheld the decision not to continue the hearing.

The lawyer appeared at the sanctions hearing before the panel and admitted that he made misrepresentations regarding his qualifications since he was “scared nobody would hire me if they realized why I was moving around so much…and I wanted to create this impression of longevity and create this impression of consistency of my movements.”

According to the Board opinion, the lawyer “did not present any coherent reason or evidence for his conduct that could be viewed as mitigating, in part, he claimed, because he did not want to inconvenience his character witnesses. Furthermore, he failed to present any argument on what sanction would be appropriate.”

The Board opinion found that, “(c)ollectively, (the lawyer’s) actions are indicative of a cumulative pattern of a lack of honesty and candor, which is contrary to the fundamental characteristics of an attorney. Although respondent does not have any prior discipline, there is no question he has an established track record of deceit. Given the number and pattern of violations, respondent’s dishonesty, and his overall lack of candor and cooperation, the panel properly found that disbarment is appropriate in this case.”

Bottom line:  This a somewhat bizarre case, to put it mildly.  The lawyer appears to have a problem with the truth and apparently tried to justify his actions with self-serving excuses.  The Michigan Supreme Court will now review the case and determine the sanction.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19, N., Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

 

 

 

 

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Filed under Attorney discipline, Attorney Ethics, Attorney misrepresentation, Confidentiality and privilege, dishonesty, Florida Lawyer Ethics and Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer disbarment, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false claims on resume and website, Lawyer false statements, Lawyer misrepresentation, Lawyer personal misconduct false internet postings, Lawyer Professionalism, Lawyer sanctions

New Jersey lawyer reprimanded for falsifying letter and submitting it to disciplinary committee investigating his conduct

Hello everyone and welcome to this Ethics Alert which will discuss the recent New Jersey Supreme Court Order approving a stipulation and reprimanding a lawyer for falsifying a letter and submitting it to a disciplinary committee during its investigation of his conduct.  The opinion is In the Matter of Nirav Kurt Mehta, Docket No. DRB 16-276, District Docket No. IIIB-2015-0033E (November 4, 2016).  The October 25, 2016 New Jersey Disciplinary Review Board letter setting forth the stipulation is here: http://drblookupportal.judiciary.state.nj.us/DocumentHandler.ashx?document_id=1077214 and the 11/4/16 NJ Supreme Court order approving the stipulation is here: http://drblookupportal.judiciary.state.nj.us/DocumentHandler.ashx?document_id=1077588 

According to the Disciplinary Review Board letter, “on May 25, 2015, respondent’s former client, Shanti Sarup, filed a grievance against him, alleging that, more than ten years prior, respondent had given him poor legal advice in an immigration matter and, thus, exposed him to deportation from the United States.”

“In response to the DEC’s investigation of the grievance, respondent fabricated a document and submitted it to disciplinary authorities. The fabricated document purported to be a May 7, 2003 letter from respondent to the grievant, providing sound legal advice on the underlying immigration matter. Respondent’s motivation for submitting the fabricated document was to neutralize the grievant’s claim that respondent had provided him incorrect legal advice in 2003.”

In mitigation, the stipulation recited respondent’s lack of prior discipline, the more than ten-year passage of time since his representation of the grievant, and the fact that the fabricated letter was submitted only to the DEC. The stipulation described respondent’s deception as “an unfortunate reflexive response to the filed Grievance” and an “effort…to mitigate what [respondent] may have perceived as a professional negligence issue.”  The November 4, 2016 Supreme Court Order approved the recommendation and reprimanded the lawyer.

Bottom line:  This lawyer not only fabricated a letter which was intended to “neutralize” his former client’s claim that he had provided incorrect legal advice during the representation, but he submitted the false letter in a pending disciplinary matter against him.  It is very surprising that the lawyer was able to negotiate a simple reprimand for the misconduct.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

29605 U.S. Highway 19 N. Suite 150

Clearwater, Florida 33761

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

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Filed under Attorney discipline, Attorney Ethics, Attorney misrepresentation, dishonesty, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false statements, Lawyer false statements in response to Bar complaint, Lawyer misrepresentation, Lawyer sanctions, lawyer submitting false document during disciplinary investigation

Illinois lawyer censured for settling deceased client’s injury case without informing court or opposing counsel of the death

Hello and welcome to this Ethics Alert which will discuss the recent censure of an Illinois lawyer for settling a deceased client’s personal injury case without informing court or opposing counsel of the client’s death.  The case is In the Matter of: Anthony Patrick Gilbreth, No. 6289576, Commission No. 2015PR00100 (Ill. SC May 18, 2016).  The summary of the censure is here: http://www.illinoiscourts.gov/supremecourt/Announce/2016/051816.pdf.

The lawyer’s law firm filed a lawsuit against Orthotic & Prosthetic Lab (O&P) on behalf of a client in 2008 which alleged that a prosthesis that O&P had designed, manufactured, and sold had failed.  The client subsequently died in January 2013 and, in August 2013, his son was appointed administrator of the estate.  In September 2013, O&P offered to settle the case for $110,000.00.  The lawyer responded and stated that his client had instructed him to accept it.

The Illinois Attorney Registration and Disciplinary Commission’s (ARDC) petition for discipline states: “At the time of the settlement, defense counsel was unaware because (the lawyer) had not told him that (the client) had died.” “(The lawyer) withheld the fact of (the client’s) in part because he knew that (the client’s) death would reduce the value of any claim for damages.  (The lawyer) also felt that it would be improper to reveal (the client’s) death because (the lawyer)  thought that information was confidential under Rule 1.6 of the Illinois Rules of Professional Conduct, and its revelation would harm his former client’s claim. (The lawyer) did research the issue and discussed it with other attorneys in his firm, but did not research ARDC case precedent, discussed infra, in which attorneys have been disciplined for failure to disclose his or her client’s death under similar circumstances.”

According to the petition for discipline, on November 15, 2013, the lawyer sent defense counsel an amended release and informed him that the client had died and that the client’s son had been appointed administrator of the estate.  Defense counsel responded by informing the lawyer that the settlement (which had not yet been paid) was no longer valid. The trial court allowed the client’s son to substitute in as plaintiff on January 21, 2014, and granted the lawyer’s motion to enforce the settlement agreement. The defendant appealed and the appeals court vacated the trial court’s order enforcing the settlement.

The appeals court found that, since the client had died, there was no plaintiff on the date of the purported agreement to settle the case and also that the lawyer’s arguments for concealing the death of his client to be “specious and incredible.”  The appeals court also stated: “in failing to disclose the fact of the plaintiff’s death, Mr. Gilbreth intentionally concealed a material fact that would have reduced the overall value of the claim for damages.”  The court remanded the case to the trial court and, as of the date the parties filed the joint motion to approve the petition to impose discipline on consent, the case filed on behalf of the client remained pending. The lawyer’s Answer to the disciplinary charges is here:  http://www.illinoiscourts.gov/supremecourt/Announce/2016/051816.pdf.

The petition for discipline stated, in mitigation, that the lawyer had not been disciplined since his 2006 admission to practice.  In addition, five lawyers, a reverend from Columbia, and a judge would testify that the lawyer has a good reputation for truth and veracity, the lawyer was cooperative in the disciplinary proceedings, and was remorseful for his conduct.  In aggravation, the petition stated that the lawyer’s “actions in attempting to enforce the settlement, even after being supplied with controlling precedent, caused the defendant to incur the expenses of an appeal to obtain a ruling that the settlement was invalid.”  The ARDC petition for discipline is here: https://www.iardc.org/rd_database/rulesdecisions.html  (type in lawyer’s name).

Bottom line:  This Illinois disciplinary case illustrates the paramount importance of candor in a lawyer’s representation of a client.  The lawyer believed that the information related to the death of the client was confidential; however, the appellate court decision found that the lawyer’s duty of candor supersedes attorney/client confidentiality.

Be careful out there.

Disclaimer:  this Ethics Alert  is not an advertisement and does not contain any legal advice, and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

2454 McMullen Booth Road, Suite 431

Clearwater, Florida 33759

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

 

 

 

 

 

 

 

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Ohio Supreme Court permanently disbars lawyer who was videotaped in court practicing law while indefinitely suspended

Hello and welcome to this Ethics Alert blog which will discuss another recent Ohio Supreme Court opinion disbarring a lawyer who was caught on video representing a client in court 3 times, beginning less than three months after his license was indefinitely suspended.  The case is Cleveland Metro. Bar Assn. v. Pryatel, Slip Opinion No. 2016-Ohio-865. (March 9, 2016).  The disciplinary opinion is here: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-865.pdf and the link to the oral argument in the case is here: http://www.ohiochannel.org/video/case-no-2015-1005-cleveland-metropolitan-bar-association-v-mark-r-pryatel.

According to the opinion, the lawyer was indefinitely suspended in April 2013 for multiple violations of lawyer disciplinary rules, including misappropriating a client’s settlement funds, making false statements to a court, charging an illegal or clearly excessive fee, and neglecting a client matter.  The lawyer was subsequently recorded on video and audio tapes representing a client (Richard Brazell) in court on three separate occasions in June and July 2013.

The lawyer first attended a probation violation hearing and stood with the client, admitting the probation violation on the client’s behalf, and speaking for the client.  The client’s girlfriend and stepfather testified before the professional conduct board that they paid the lawyer $450.00 for the representation (for both the lawyer’s previous representation and for future representation) and that the lawyer did not inform them that his license was suspended.

Two days after the probation hearing, the lawyer appeared with the client a second time on unrelated charges in another court.  An audio recording of the client’s arraignment indicated the lawyer spoke on the client’s behalf.  He told the magistrate that he was not the client’s attorney and the client was representing himself as the two worked out their business relationship. The magistrate told the board that the lawyer did not indicate that his license was suspended.

About a month later, the lawyer attended a hearing with the client a third time, answered questions on his behalf, and entered a plea to a violation of probation for the client before the judge.  The prosecutor and judge in that case both told the board that they believed that the lawyer was representing the client.  The judge became suspicious and asked his assistant to research the lawyer and found out that he was suspended.

When confronted with the allegations that he had represented the client in a deposition in the Bar matter, the lawyer denied under oath that he appeared with the client at the probation violation hearing or municipal court proceedings, and claimed that he told the client’s family that his license was suspended and that he was not paid for his legal work.  The opinion stated:  “All of these statements (by the lawyer) were later contradicted by testimonial, video, audio, and documentary evidence presented at the disciplinary hearing.”

The board found the following aggravating circumstances: prior disciplinary offenses, a dishonest or selfish motive, a pattern of misconduct, multiple offenses, a lack of cooperation in the disciplinary process, the submission of false statements during the disciplinary process, and a refusal to acknowledge the wrongful nature of the conduct.  Although the board acknowledged that the lawyer had been involved with the Ohio Lawyers Assistance Program, it found no mitigating factors.

The lawyer objected to the board’s finding that he practiced law while suspended and argued that his actions in the second appearance did not constitute the “practice of law” since he did not advocate for the client, cross-examine any witnesses, cite legal authority, or handle any legal documents.  The opinion rejected that argument and cited Cleveland Bar Assn. v. Comp Management, Inc., a 2006 case stating that the practice of law is not limited to advocacy or filing of legal documents, but also includes representation before a court, preparation of legal documents, management of client actions, all advice related to law, and all actions connected with the law taken on a client’s behalf.  “Here, the evidence demonstrated that the lawyer accompanied the client to the court, stood with him before the bench, spoke on his behalf, waived his legal rights as a criminal defendant, and entered a plea for him.  Under any definition, the lawyer’s appearance on behalf of the client constituted the practice of law.”

The lawyer claimed that he had been “sandbagged” by the bar association which investigated the Bar matter because the case against him did not originally contain the video of his appearance at the probation hearing. The bar association later supplemented its case with the video, and the lawyer had more than two weeks to review it before his disciplinary hearing. The opinion found that the lawyer did not provide any explanation to support the allegation that the introduction of the video prevented him from adequately defending himself against the charges.

The lawyer argued that he should not be disbarred because his actions involved a single client who benefited from his assistance and that he helped the client for “sympathetic and altruistic reasons.”  He also argued that he cooperated during the disciplinary process and had a history of providing quality legal services to indigent clients, and other lawyers charged with the same misconduct were not disbarred.  His lawyer argued at the oral argument that he had psychological and/or other issues and was participating in Ohio’s lawyer assistance program, and that the indefinite suspension should be again imposed.

The majority of the justices disagreed and permanently disbarred the lawyer stating:  “Less than three months after our order forbidding Pryatel to appear on behalf of another before any court, he represented a client in three court proceedings. As the board found, his actions defy logic and reason, especially his insistence that his conduct at those hearings did not constitute the practice of law.”  Three justices dissented, stating that the indefinite suspension should be continued.

Bottom line: This lawyer had the apparent audacity to represent a client on 3 different occasions and in 2 separate cases beginning less than 3 months after he was indefinitely suspended from the practice of law for, among other things, misappropriating a client’s settlement funds, making false statements to a court, charging an illegal or clearly excessive fee, and neglecting a client matter.  As the opinion states: “(the lawyer’s) actions defy logic and reason, especially his insistence that his conduct at those hearings did not constitute the practice of law.”

Be careful out there.

Disclaimer:  this Ethics Alert  is not an advertisement and does not contain any legal advice, and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

2454 McMullen Booth Road, Suite 431

Clearwater, Florida 33759

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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North Carolina Bar complaint alleges, inter alia, that lawyer made disparaging statements about judges in court documents

Hello everyone and welcome to this Ethics Alert which will discuss the recent disciplinary complaint against a North Carolina lawyer who is alleged to have made disparaging comments about lawyers and judges in court pleadings including, inter alia, accusing judges of “overwhelming incompetence and ignorance, as well as asinine and unprofessional behavior” and “acting like mentally challenged cheerleaders”.  The disciplinary case is North Carolina State Bar v. Michael J. Anderson, 15-DHA-47 and the disciplinary Complaint is here:  http://www.ncbar.com/discipline/DHC_File_DHC_file_filename_bv.asp?DHC_file_doc=889

The disciplinary complaint contains three counts/claims, including one count with allegations regarding the lawyer’s failure to respond to a grievance against him and making false statements, a second with allegations regarding his handling his trust account, and a third with allegations regarding his pleadings in a workers’ compensation case.

With regard to the workers’ compensation matter, the lawyer filed a civil complaint on behalf of a client, responded to a motion to dismiss and handled an appeal to the state court of appeals.  He is alleged to have made a number of disparaging statements in his pleadings, including accusing the court of “overwhelming incompetence and ignorance… I felt just as I imagine I would have over a century ago arguing to said court that slavery was bad labor relations policy… [the court showed] a stubborn arrogance and ignorance…[a judge] literally threw a temper tantrum…As I felt like I was attempting to teach physics to a class of unruly third graders.”

In another pleading, the lawyer allegedly stated: “the lack of intellectual functioning and overt partiality of this panel…being readily apparent but, acting like mentally challenged cheerleaders, knowing they wanted to motivate their team to victory, but not sure how to accomplish the goal… [the judge] was assuming the role of ‘house negro’ for purposes of this matter…Sounding more like ‘Beaver Cleaver’ than any person has a right to…”

In another pleading: the lawyer allegedly stated “the instant panel will glad [sic] play thee [sic] blind mice and [Judge] will serve the historical role played by Monica Lewinsky for President Clinton for the current governor of North Carolina… if these judges are intent upon making the [court] a literal ‘whippin boy’ for special interests, they are welcome to kiss my red white and blue American male ass.”

Bottom line: If the allegations are true, this case involves a lawyer who had great difficulty with objectivity and civility in the language of his pleadings, to say the least.  We all know that lawyers are under constant stress and we may be unhappy with judges’ decisions and this is a classic example of how not to handle it.  There is no place for such language and disparaging statements in court documents, or otherwise.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

2454 McMullen Booth Road, Suite 431

Clearwater, Florida 33759

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Washington lawyer suspended for 1 year for courtroom behavior, including making a loud noise like an animal being killed

Hello everyone and welcome to this Ethics Alert which will discuss the recent disciplinary opinion suspending a Washington lawyer for one (1) year for, inter alia, making loud noise sounding like an animal being killed and falsely claiming that a deputy tripped her.  The disciplinary opinion is In the Matter of the Disciplinary Proceeding Against Kathryn B. Abele, Case No. 201,352-0 (August 27, 2015) and is here: https://www.courts.wa.gov/opinions/pdf/2013520.pdf

According to the opinion, the lawyer represented the father in a three-way child custody battle. The trial lasted 13 days and, according to the testimony, it was” unusual, complex, and contentious”.  “Throughout the trial, (the lawyer) was repeatedly admonished for interrupting the court and other counsel.  She slammed objects on the table and made loud comments when (the judge) ruled against her.”  When the judge told her to stop, she said “I did not say anything”.

In a post-trial hearing, the lawyer “made it clear that she wanted the case resolved that day because she intended to immediately appeal the court’s decision. The court told (the lawyer) that it would not be possible to conclude that day and that she would not sign (the lawyer’s) proposed findings.  (the lawyer) became angry and said to (the judge), ‘You’ve got to leave now. We have to take a break now.’ (The judge), inferring from the statement that (the lawyer) was going to ‘blow up,’ called for a recess. After (the judge) left the bench, (the lawyer)made a loud screaming noise that could be heard in other rooms in the courthouse.  Security was called, but (the lawyer) was not held in contempt for this outburst.”

In another post-trial hearing, “(the lawyer) repeatedly interrupted (the judge), even yelling to express her disagreement. When (the judge) directed staff to summon security, (the lawyer) announced, ‘I’m going to jail. I’m going to jail,’ placing her hands over her head, crossed at the wrists as if being handcuffed.  (The lawyer) walked out of the courtroom while court was still in session, causing the proceedings to come to a halt.  (The lawyer) reentered the courtroom and announced, ‘I’m leaving. I’m out of here …. I’m abstaining completely …. Good-bye.’”

The judge ordered court security to bring the lawyer back into the courtroom.  The lawyer initially refused but ultimately returned to the courtroom.  After she returned, the judge stated on the record that the lawyer had made “loud noises that to me sounded like an animal being killed and “I have been in these courts for 30 years, 18 as a judge. I have never heard anything- I have never heard any lawyer make any kind of noise or do anything like that before.”  The lawyer “again yelled at the judge, attributing her previous scream to a hip injury and claiming that her yelling was the result of a hearing disability.”

The judge then held the lawyer in contempt.  She responded by stating: “Your Honor, I appreciate your lecture. Could you just tell me how much I have to pay in a fine so I can get rid of it and take care of it and resolve this issue with you?” After leaving the courtroom, the lawyer yelled, “That bitch”.  The judge had told the lawyer that she could purge herself of contempt if she contacted the Lawyer’s Assistance Program and she complied the next day.

According to the opinion, the lawyer also made a complaint about being tripped after she confronted a security officer who was called earlier in the day to respond to her alleged disruptive behavior in a courthouse hallway.  The lawyer forced her way between the officer and another security marshal, brushing against the second marshal’s knee. “(The lawyer)  immediately spun around, pointed and yelled,” accusing the marshal of tripping her. She called 911 and made the same accusation.  “The responding officer reviewed the security video and decided it did not support (the lawyer’s) version of events.”  The opinion found that the lawyer knowingly making a false and misleading statement to a law enforcement officer.

The lawyer argued that the stress of the litigation should be considered as a mitigating factor; however, the opinion rejected that argument.  The opinion imposed a one (1) year suspension and ordered that the lawyer complete an evaluation to determine her fitness to practice before being reinstated and pay all of the costs and expenses.

Bottom line: As Vin Scully might say, “Oh my.”  This lawyer engaged in some very bizarre conduct and it would certainly appear that it might be attributable to the extreme stress of the “contentious” 13 day trial and/or some serious underlying psychological issues.

Be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

2454 McMullen Booth Road, Suite 431

Clearwater, Florida 33759

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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