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Archive for the ‘Public Records’ Category

Fire Marshal’s management grills field personnel in effort to learn source of stories; told they must take polygraph tests

Posted in Corruption, Ethics, Media, Politicians, Public Records, State Fire Marshal on July 21, 2017| 5 Comments »

Bureaucrats always blame the messenger.

Rather than devote productive efforts to cleaning up their act when they are exposed, management of public agencies would always rather go on a hunt to exact reprisals on those who may have blown the whistle.

That’s what took place today as several field personnel were called in and grilled about whether they were the sources for two recent LouisianaVoice stories. You can see those stories HERE and HERE.

And as an update to those stories, WWL-TV has CONFIRMED earlier reports by LouisianaVoice that Nanette Krentel, 49, wife of St. Tammany Parish Fire District No. 12 Chief Stephen Krentel, did not die from last Friday’s fire that destroyed the family home, but instead, died of a gunshot wound.

Even when a Louisiana Office of State Fire Marshal (LOSFM) inspector attempts to correct problems internally without alerting the media, those inspectors suddenly find themselves “reassigned” and forced to travel 200 miles or more to report to work in, say, Shreveport if the poor guy resides in the Baton Rouge area, or to Houma if he lives in Monroe.

And while these might not be actual cases, LouisianaVoice has learned that such reassignments do occur at LOSFM.

On Friday, field personnel were interrogated and told they would be required to submit to polygraph tests at unspecified times (“whenever we call you in to do so”) and that they would be interrogated further.

Reports out of LOSFM headquarters were that LOSFM Fire Chief Brant Thompson was “livid” over reports that staff are inadequately trained and certified before they are fully prepared to conduct arson investigations. One inspector, Henry Rayborn, highly regarded for his professionalism by nearly a dozen of his co-workers interviewed by LouisianaVoice, resigned following a confrontation with Thompson over the St. Tammany fire investigation.

That’s a strange reaction from Thompson, coming as it does only weeks after he contacted LouisianaVoice after we spent the better part of a week poring over office expenditures.

“We’re really glad you’re taking a look at our operations,” he said. “It’s always good to have someone checking us out and I want you to know I’m here to cooperate with you in every way I can. If you find that we’re doing something wrong, I hope you’ll let us know.”

Actually, Brant, we thought that was your job.

And, Brant, just so you know: When you try strong-arm tactics to keep people from talking, it almost always blows up in your face.

 

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LOSFM botches two fire investigations, with one involving suspicious death, aother producing bogus criminal charges

Posted in Corruption, Ethics, Politicians, Public Records, State Fire Marshal on July 20, 2017| 27 Comments »

LouisianaVoice has been receiving reports of questionable expenditures and inadequate training of inspectors and investigators at the Louisiana Office of State Fire Marshal (LOSFM) for several months, the most serious, of course, being the charges of inadequate and improper training.

Rebuilding from last August’s flood has delayed the story, which understandably involves considerable time with investigations and interviews.

But now, fires in two different areas of the state—one involving a suspicious death which resulted in the angry resignation of a top LOSFM inspector, and the other which resulted in the arrest of an innocent nurse on 77 counts in five separate fires at a nursing home—have clearly illustrated not only that the claims of inadequate training or accurate but that there may be a serious argument for malfeasance in office on the part of LOSFM upper command.

That’s a strong accusation for LouisianaVoice—or anyone—to make, but let’s examine the facts.

In both cases, a residential fire in which the wife of a local fire chief was found dead in the St. Tammany Parish town of Lacombe, reportedly with a bullet wound to her head, and the multiple fires at Bayou Chateau Nursing Home in Simmesport in Avoyelles Parish, LOSFM failed to send a certified arson investigator, assigning instead fire marshal inspectors who are not certified as arson investigators or qualified to perform those duties.

In the case of any homicide investigation such as the death of NANETTE KRENTEL, 49-year-old wife of St. Tammany Fire District No. 12 Chief Stephen Krentel, the fire marshal’s office is required by law to assign as its lead investigator a certified arson investigator. Instead, Henry B. Rayborn, a 10-year veteran LOSFM inspector was given the assignment.

“He (Rayborn) is one of the very best inspectors the fire marshal’s office has,” one former co-worker told Louisiana

Voice. “Everyone considers him as top-notch, but he is an inspector, not an arson investigator. There’s a huge difference. He was in over his head and he tried to convey that to Chief Brant Thompson.”

The former co-worker said that during a conference call between Rayborn, Thompson and other unidentified participants, Thompson became abrasive and Rayborn responded by telling Thompson he could consider the conversation as his resignation.

Reports from LOSFM indicate that State Fire Marshal Butch Browning, apparently fearing Rayborn will talk to the media, is pleading with him to reconsider his resignation.

When a series of fires broke out at Bayou Chateau Nursing Home late last year and earlier this year, LOSFM Inspector Kevin Billiot was dispatched to investigate. Like Rayborn, Billiot, a part-time minister, is not qualified as an arson investigator and sources say he never removed any articles from the fires for analysis.

LPN BRITTANY DUPAR, 27, of Simmesport, was subsequently arrested on two counts of attempted first-degree murder, five counts of aggravated arson and 70 counts of cruelty to the infirm.

The first fire was on Nov. 10, 2016. Two fires were set on March 25, at 1:30 p.m. and 3:30 p.m., and two more on March 26, at 10 a.m. and 4:40 p.m. Two of the fires were to bedding. Others were under a bathroom sink, to a supply closet, and in an undisclosed location in a patient’s room.

“He was also in far over his head,” a former arson investigator said of Billiot, who has been with the fire marshal’s office only a short time.

When other personnel began their own investigation, the time sheets of Dupar were pulled and it was learned that on the days of four of the fires, including the one in December, she was not even at work.

Moreover, a lighter was found in a patient’s bed.

Meanwhile, the Louisiana State Board of Practical Nurse Examiners has SUSPENDED Dupar’s license pending the outcome of her criminal charges.

Evidence such as her time sheets and the lighter discovered in the possession of a patient, in legal parlance, is called exculpatory evidence, meaning it is evidence that would held an accused in proving his or her innocence and under law, those accused are entitled to all such evidence.

But with an Avoyelles Parish Grand Jury scheduled to consider the charges against Dupar next Thursday (July 27), that evidence has yet to be given the district attorney’s office.

A recent email thread between Thompson, son of State Sen. Francis Thompson, and other LOSFM personnel reveal a disturbing lack of concern for Dupar on the part of Thompson.

Asked if the DA’s office should be informed of LOSFM findings that would clear Dupar, Thompson declined, suggesting that the office should let events “play their course with the Grand Jury.”

Thompson, something of a political survivor and apparently one with all the right connections, would appear to be more concerned with protecting the image of his office than in protecting the rights and the career of a wrongly-accused woman.

Perhaps the East Baton Rouge Parish District Attorney would find that email thread interesting reading.

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Two cases show justice difficult to obtain when state holds all the cards in terms of legal staff and financial resources

Posted in Attorney General, Contract, Contracts, Corruption, Ethics, Finances, Fraud, Judges, Lawsuits, Politicians, Public Records, State Agencies, Uncategorized on June 23, 2017| 6 Comments »

Were political considerations behind separate decisions by a state district judge to prohibit a contractor from seeking public records or a Second Circuit Court of Appeal judge to overturn a $20 million judgment against the Louisiana Department of Transportation and Development (DOTD)?

While definitive answers are difficult, there does seem to be sufficient reason to suspect that the lines between the judicial and administrative branches of government may have been blurred by the Second Circuit Chief Judge’s decision to negate the award to a contractor who a 12-person jury unanimously decided had been put out of business because he refused to acquiesce to attempts of bribery, extortion and conspiracy.

Judge Henry N. Brown, by assigning the case to himself and then writing the decision despite the fact his father had been a DOTD civil engineer for more than 40 years, may have placed federal funding for Louisiana highway projects in jeopardy.

And the RULING by 14th Judicial District Court Judge David A. Ritchie prohibiting Breaux Bridge contractor Billy Broussard from making legitimate public records requests of the Calcasieu Parish Police Jury or of the Calcasieu Parish Gravity Drainage District 8 would appear to be patently unconstitutional based solely on the state statute that gives any citizen of Louisiana the unfettered right to make public records requests of any public agency.

In Broussard’s case, he was contracted by Gravity Drainage District 8 to clean debris from Indian Bayou following Hurricane Rita in 2005. Work done by his company was to be paid by FEMA. Gravity Drainage District 8 instructed Broussard to also remove pre-storm debris from the bottom of the bayou, telling him that FEMA would pay for all his work.

FEMA, however, refused to pay for the pre-storm cleanup and Gravity Drainage District 8 subsequently refused to pony up. Broussard, represented then by attorney Jeff Landry, since elected Attorney General, filed a lien against the drainage district.

When Broussard lost his case before Judge Ritchie, he continued to pursue his claim and submitted this PUBLIC RECORDS REQUEST to the drainage district and to the police jury. Those efforts resulted in a heavy-handed LETTER from attorney Russell J. Stutes, Jr., which threatened Broussard with “jail time” if he persisted in his “harassment” of Calcasieu public officials.

And the injunction barring Broussard from future records requests, instead of being filed as a separate court document, was sought under the original lawsuit by Broussard, which presumably, if Stutes’s own letter is to be believed, was a final and thus, closed case. That tactic assured that Broussard would be brought before the original judge, i.e. Ritchie, who was already predisposed to rule against Broussard, no matter how valid a claim he had.

That was such a blatant maneuver that it left no lingering doubts that the cards were stacked against Broussard from the get-go. Everything was tied up in a neat little package, with a pretty bow attached. And Broussard was left holding a $2 million bag—and assessed court costs of $60,000 to boot.

In Jeff Mercer’s case, federal STATUTE U.S. Title 49 specifically prohibits discrimination against Disadvantaged Business Enterprises (DBE). It further requires that all states receiving federal funding for transportation projects must have a DBE program.

Mercer, a Mangham contractor, sued DOTD after claiming that DOTD withheld more than $11 million owed him after he rebuffed shakedown efforts from a DOTD inspector who demanded that Mercer “put some green” in his hand and that he could “make things difficult” for him.

Mercer suffers from epilepsy, which qualified him for protection from discrimination under Title 49.

His attorney, David Doughty of Rayville, feels that Brown should never have assigned the case to himself, nor should he have been the one to write the opinion. Needless to say, Doughty does not agree with the decision. He has filed an APPLICATION FOR REHEARING in the hope of having Brown removed from the case.

LouisianaVoice conducted a search this LIST OF CASES REVERSED BY 2ND CIRCUIT and the Mercer case was the only one of 57 reversals decided by a jury.

So it all boils down to a simple equation: how much justice can you afford?

When an average citizen like Broussard or Mercer goes up against the system, things can be overwhelming and they can get that way in a hurry.

Because the government, be it DOTD, represented by the Louisiana Attorney General’s office, or a local gravity drainage district, represented by the district attorney, has a decided advantage in terms of manpower and financial resources, giving the individual little realistic chance of prevailing.

In Broussard’s case, he did not. Mercer, at least, won at the trial court level, but the process can wear anyone down and that’s just what the state relied upon when it appealed.

With virtually unlimited resources (I worked for the Office of Risk Management for 20 years and I saw how an original $10,000 defense contract can balloon to $100,000 or more with few questions asked), the government can simply hunker down for the long haul while starving out the plaintiff with delays, interrogatories, requests for production, expert costs, court reporter costs, filing fees and attorney fees. Keeping the meter running on costs is the most effective defense going.

The same applies, of course, to attempts to fight large corporations in court. Huge legal staffs with virtually unlimited budgets and campaign contributions to judges at the right levels all too often make the pursuit of justice a futile chase.

And when you move from the civil to the criminal courts where low income defendants are represented by underfunded indigent defender boards, the contrast is even more profound—and tragic, hence a big reason for Louisiana’s high incarceration rate.

The idea of equal treatment in the eyes of the law is a myth and for those seeking remedies to wrongdoing before an impartial court, it is often a cruel joke.

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Sen. Alario’s SCR 122 offers appreciation to Mike Edmonson, passes Senate unanimously; let’s review LSP payroll record

Posted in Corruption, Ethics, Finances, Fraud, Governor's Office, Lawsuits, Legislature, Legislators, Politicians, Public Records, Retirement, Senate, State Police on June 6, 2017| 11 Comments »

You just gotta love Louisiana politics.

No, really. It’s probably the only institution where one can set up his own little fiefdom, reward those in positions to promote his career, get caught up in multiple scandals, be forced to resign and be commended, appreciated, and otherwise recognized for his years of “dedicated and distinguished” service.

Take, for instance, Senate Concurrent Resolution 122, hereafter referred to as SCR 122, by State Senate President John Alario (R-Westwego), which commended, expressed appreciation and otherwise praised former State Police Superintendent Mike Edmonson. It passed by a 27-0 vote with 11 members either absent or not voting.

The resolution, which runs on for three full pages when a single paragraph would’ve sufficed, concludes with:

“BE IT RESOLVED that the Legislature of Louisiana does hereby commend and express appreciation to Superintendent of Louisiana State Police Colonel Michael David Edmonson on his retirement after thirty-six years of dedicated and distinguished service in law enforcement, including nine years as superintendent, and does hereby extend to him and his family full measures of continued success and happiness in their future endeavors.

BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to Mike Edmonson.”

It seems entirely fitting that this resolution would have been authored by Alario. After all, his son John W. Alario, serves as the $115,000 a year director of the DPS Liquefied Petroleum Gas Commission. That’s in the Department of Public Safety, where Edmonson also served as Deputy Secretary until his resignation.

LouisianaVoice also reported in September 2014 that John W. Alario’s wife, Dionne Alario, was hired in November 2013 at a salary of $56,300 to work out of her Westwego home supervising state police personnel in Baton Rouge—something of a logistics problem, to say the least. Well today, she is still there and now pulls down $58,500 per year. And she still works from home.

We were perfectly willing to let go of the Edmonson story after he resigned. But Sen. Alario’s resolution, however, compels us to review some of the highlights of Edmonson’s tenure as Superintendent of State Police.

Our first encounter with Edmonson came at the end of the 2014 legislative session when we learned that Charles Dupuy, who would rise to the rank of Lieutenant Colonel, conspired, along with State Sen. Neil Riser (R-Columbia) and Gov. Bobby Jindal, to sneak the amendment to Senate Bill 294 during the closing minutes of the session that allowed Mike Edmonson a “do-over” on his decision to enter the state’s Deferred Retirement Option Plan (DROP) which froze his retirement at his pay at that time of his decision to participate in DROP.

The major problem with that little plan is that it left other state troopers and state employees who similarly opted to enter DROP and then received significant promotions or raises out in the cold because the amendment did not afford the same opportunity for them. Before it was revealed by LouisianaVoice and before State Sen. Dan Claitor successfully filed a lawsuit to prevent the move, Edmonson was in line for a whopping pension increase estimated as high as $100,000 per year when the raises to state police were factored into the equation. (Claitor, incidentally, was one of those voting in favor of Alario’s SCR 122 demonstrating, we suppose, that he does not hold grudges.)

Here are some other Edmonson actions we wrote about in 2014:

  • “Consultant” Kathleen Sill, placed on the state payroll and being paid $437,000 plus $12,900 in air travel for 21 flights for her between Baton Rouge and her Columbia, S.C. home.
  • DPS Undersecretary Jill Boudreaux’s taking a $46,000 cash payout incentive to retire early from her $92,000 per year salary as Deputy Undersecretary, plus about $13,000 in payment for 300 hours of accrued annual leave and then re-hiring herself two days later—with a promotion to Undersecretary and at a higher salary of $118,600—while keeping the incentive payment and annual leave payment. Then-Commissioner of Administration Angele Davis ordered her to repay the money but Davis resigned before she could follow through on her instructions. Under her successor, Paul Rainwater, the matter was quietly forgotten.
  • Boudreaux’s son-in-law Matthew Guthrie who, while employed in an offshore job, was simultaneously on the payroll for seven months (from April 2, 2012 to Nov. 9, 2012) as a $25 per hour “specialist” for the State Police Oil Spill Commission.
  • Danielle Rainwater, daughter of former Commissioner of Administration Paul Rainwater, who worked as a “specialist” for State Police.

And then there are the spouses brought into the fold.

  • Jason Starnes benefitted from two quick promotions from 2009 to 2014 as his salary jumped from $59,800 to $81,250, an increase. Three years later, he makes $150,750 an overall increase of 152 percent.
  • As if that were not enough, his then-wife Tammy was brought in from another agency as an Audit Manager at a salary of $92,900. Today, she makes $96.600. So not only did make nearly $11,700 a year more than her husband initially (until he was promoted to Lieutenant Colonel), she also was in charge of monitoring the agency’s financial transactions, including those of her husband.
  • In January of 2008, just before Edmonson was named Superintendent of State Police by Gov. Bobby Jindal, State Trooper Charles Dupuy was pulling down $80,500. Today, the one-time Edmonson Chief of Staff makes $161,300, a bump of more than 100 percent.
  • Kelly McNamara and Dupuy, both troopers, met at work and eventually married and Kelly Dupuy’s star began ascending almost immediately. Her salary has gone from $65,000 in 2009 to $117,000 today
  • On Sept. 7, 2011, Mike Edmonson’s brother Paul was promoted from lieutenant to Captain, filling the spot previously held by Scott Reggio. On Oct. 10, 2013, Paul Edmonson was again promoted, this time to the rank of major. This time however, he was promoted into a spot in which there was no incumbent, indicating that the position was created especially for his benefit.
  • His rise has been nothing less than meteoric. Since December 2006, he has gone from the rank of sergeant to lieutenant to captain to major at warp speed and his pay rose accordingly, from $57,500 to $136,800 a year, a 138 percent increase—all under the watchful eye of his brother.

Doesn’t it give you a warm fuzzy to know that the good folks like Alario and Riser (who also, of course, voted for SCR 122) are looking out for us?

And isn’t it interesting, by the way, to know that Angele Davis, who tried to get Jill Boudreaux to repay her ill-gotten gains from her pseudo-early retirement, is pitted against Riser, who tried to sneak that illegal pension boost for Edmonson, in the upcoming election to succeed John Kennedy as State Treasurer?

As our late friend C.B. Forgotston would say if he were with us: You can’t make this stuff up.

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‘Troopergate Fatigue’ notwithstanding, new revelations keep on coming: private eyes, and no good deed goes unpunished

Posted in Corruption, Ethics, Finances, Governor's Office, Public Records, State Police on May 14, 2017| 19 Comments »

At the risk of an onset of “Troopergate Fatigue,” details keep emerging involving expensive TRIPS to conferences by members of former State Police Superintendent Mike Edmonson’s inner circle on the taxpayers’ dime.

But while The Baton Rouge Advocate’s Jim Mustian was busy documenting yet another of those trips, this one to Orlando back in 2014, LouisianaVoice has learned that members of the Louisiana State Police Commission (LSPC) now recognize that they were apparently asleep at the wheel when they approved the creation of a Chief Accounting Officer (CAO) position last August at the behest of Edmonson.

Of course it didn’t hurt that Edmonson, described by virtually anyone who knows him as a slick snake oil salesman, was able to schmooze the somnolent commission into approving his request.

But the thing that is really tragic about the whole affair is that it led directly to the forced resignation of LSPC Executive Director Cathy Derbonne when she pointed out irregularities in the procedures employed to elevate Maj. Jason Starnes into the position.

Once she was onto the scam, she simply had to go.

Events were set in motion when Edmonson, getting the cart ahead of the proverbial horse, listed Starnes as “undersecretary” on the State Police Web page. Derbonne pointed out to the Edmonson that the designation of undersecretary was incorrect because Starnes did not occupy the position. In fact, the designation of undersecretary was not Edmonson’s to convey; that responsibility belongs exclusively to the governor.

Edmonson conceded that her assertion was correct but said that he had given Starnes “oversight” over the Office of Finance and that he “has assumed those duties in his current position.” From that moment on, Derbonne’s fate was sealed.

“What I’d like to do in this position is create an unclassified position just like we have with all the lieutenant colonels. We still hold and maintain a classified position of Major so that, if I brought (in) a lieutenant colonel and said, ‘We’re making a change,’ they can go back to that classified position.”

In his August appearance before the board to pitch the new position, Edmonson explained that he was asking to “create this temporary assignment. I am not increasing my T.O. (Table of Organization, i.e. actual permanent positions) I am not creating any additional funding issues…He’ll do that position within that rank. My desire is to create…a CAO because of how much work we do within our office.”

Edmonson then offered to address any questions commission members had. One of those, from Jared Caruso-Riecke, was about any additions funding necessary for the position. Edmonson assured Riecke there would be “no new funds. It was not my intention to even ask for that,” he said.

This is where things got dicey.

Commission member Eulis Simien seconded the motion for approval of the position “with the understanding that we are accepting the motion to create a position not relative to any particular person. Whatever appointment would be based on being after the position is created.”

Yet, only moments before, Edmonson had specifically committed the position to Starnes in a statement that apparently every single member of the commission managed to miss. Asked by Riecke about the duties of the position and whether they were “created somewhat by the board that you have now, Edmonson responded, “Correct. Jason Starnes will come in this position and assume the duties and oversight.”

To hear that commitment, go HERE and scroll to the 2:27 mark in his testimony.

Then, no sooner had Starnes been officially named to the new position than he was rewarded with a $25,000 increase that prompted former member Lloyd Grafton (he ultimately resigned from the commission after questioning its overall integrity) to challenge the pay increase because of the promise by Edmonson that no additional funds would be incurred—another tidbit missed by everyone but Grafton.

When a formal complaint was lodged over the transfer of a classified member of the State Police Service being transferred to an unclassified position outside the State Police Service (as with the Starnes assignment), a violation of Rule 14.3g, contract attorney Taylor Townsend (initially hired to investigate campaign contributions by members of the Louisiana State Troopers Association but whose duties were apparently expanded to that of general counsel) said that Starnes was not officially appointed to the undersecretary position. Townsend confirmed that only the governor, and not Edmonson, had the authority to fill the position of deputy superintendent.

When Townsend further explained that the commission’s August approval of the CAO position had rendered the investigation of the complaint moot, Riecke moved to go into executive session.

LouisianaVoice protested that an executive session on that matter was illegal because it was not to discuss pending litigation or an employee’s character but Townsend said the closed door session was to discuss personnel matters.

Louisiana’s Open Meetings Law (R.S. 42:16-17) provides that a public body may go into executive session if two-thirds of the members present vote to go into executive session. In executive session, public officials may only discuss a) the character, professional competence or physical or mental health of a person (unless the person is being considered for an appointment), b) strategy or negotiations regarding collective bargaining or future or current litigation, c) security personnel, plans or devices, d) investigative proceedings regarding alleged misconduct or e) an extraordinary emergency.

Because the discussion was not about the character, professional competence or physical or mental health of Starnes, nor was it about hiring him specifically, but instead was about whether or not the creation of the position itself was legal, LouisianaVoice maintained at the time and continues to hold that the executive session was illegal, Townsend’s professional legal opinion notwithstanding.

Predictably, upon emerging from the 25-minute closed-door confab, Riecke made the motion that no further action be taken on the investigation of the complaint.

Townsend, of course, the same attorney who recommended no action be taken on the LSTA campaign contributions matter. He also never submitted any report to the commission to support his recommendation.

Finally reacting to the constant prodding of retired State Trooper Leon “Bucky” Millet of Lake Arthur, the commission last Thursday decided to request that all of Townsend’s papers generated by his “investigation” be forwarded to the commission since his contract stipulates that all his findings would become the property of the commission.

But that was not the only voice of concern emerging from Thursday’s otherwise tranquil meeting.

It now seems that Simien is also now concerned over Edmonson’s apparent misleading statements to the commission last August regarding the Starnes appointment. Go HERE and scroll to the 2:07 mark to hear his comments.

All this because Derbonne had the temerity to do her job land point out to Edmonson that he had incorrectly and improperly designated Starnes as a lieutenant colonel on the State Police Web page.

We can somewhat understand why, given the political nature of LSP and the players involved, why Derbonne became the sacrificial lamb. She was the easiest to set up, the most vulnerable, and best of all, expendable, both in terms of the ease of getting rid of her and replacing her.

What we fail to understand is why two members of the commission then, with their own money, retained the services of a private investigator to follow her. This was apparently done, LouisianaVoice has learned, in an effort to determine who within LSP might be leaking information to her.

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