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The Broward Medical Examiner’s Office admits it may have botched thousands of DUI drug toxicology test results, jeopardizing countless convictions and calling into question pending cases. laboratoryglassware.jpg

Our Fort Lauderdale DUI lawyers are ready to take your calls with questions concerning this matter, as it’s likely to affect a large number of cases.

According to media reports, the county’s public defender has been quoted as saying, “This could be a very big deal.”

The problem is with the way the Medical Examiner’s Office conducted drug toxicology tests in DUI cases prior to the end of August. We don’t know how far back the mistakes stretch, but it’s estimated it could go back a decade or more. Some estimate it could go back as far as 30 years.

Specifically, the results in question involve methodology testing for about a dozen drugs, including heroin, cocaine, hydrocodone, oxycodone, amphetamines, marijuana, Xanax, Valium, sleeping pills and other over-the-counter medications that might affect a person’s ability to drive a vehicle.

Test results for alcohol and PCP (also referred to as angel dust) are not in question.

The problem isn’t necessarily that the tests were inaccurate. The problem is that they weren’t properly scientifically validated.

That means that those results would not have stood up in court, and for some cases, could have meant the difference between conviction and a not guilty verdict.

Pending cases may be salvageable, according to the Medical Examiner’s Office, because the urine and blood samples taken at the scene are still in tact, which means they could be re-tested using proper methodology.

However, for cases that have already been closed, the evidence in most was discarded, which means there is no way to retest.

In those instances, prosecutors have begun reviewing thousands of cases that were possibly affected, and they have been instructed to notify defense lawyers if one of theirs has come under review.

However, you don’t necessarily have to wait for prosecutors to pick up the phone. If you were convicted of drugged driving in Broward County prior to Aug. 24, 2012, you may have a strong case.

The county’s new Medical Examiner, Craig Mallak, recently took over the post this summer. He had been working toward accreditation of the lab’s testing programs when the errors were discovered. His predecessor, Dr. Joshua Perper, had been on the job for 17 years prior to retiring. This was the same individual who was scolded earlier this year by the state Inspector General after his employees reportedly “lost” hundreds of prescription pain medication pills taken from the deceased.

Mallak said when he learned of the errors, he immediately shut down lab-testing operations at the office, notified the state attorney’s office and had pending and future cases forwarded to an independent lab.

It’s not just criminal DUI, DUI manslaughter or DUI homicide that are likely affected. For example, there could be a number of civil wrongful death cases that could be affected too.

The Medical Examiner’s Office said a sample of 50 recent drug cases are being independently tested to see whether the results are accurate. However, even if they are, it might not matter if the evidence used to convict an individual was not scientifically verifiable at the time of trial.
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The Broward County Bar Association recently released a detailed analysis offering some insight into why local domestic violence cases have surged. silhouetteseries.jpg

Broward domestic violence defense attorneys know that a big part of it has to do with the economy. It’s practically a science – meteorologists can tell from barometric pressure readings whether it’s going to be a good weather day or a bad one. Defense attorneys know that when the economy begins to tank, domestic violence cases increase.

Throughout the U.S., calls to the National Domestic Violence Hotline have climbed by about 13 percent from 2007 to 2009. In Florida, domestic violence centers reported a 40 percent increase in demand for services from late 2008 to late 2009. In the last year, Broward County domestic violence centers have reported an eye-popping 43 percent increase in calls, while those in Palm Beach County have reported an uptick of 27 percent.

What does the economy have to do with it? Consider first that South Florida has been hit especially hard by the economic crisis. Even though politicians in Washington continue to espouse the fact that we’re now technically in a recovery, a lot of people here are still struggling with impending foreclosures, unemployment or underemployment, reduced wages and overall economic insecurity. When people are on edge or depressed, that alone can lead to “taking it out on” those closes to you. It can also lead to substance abuse, which is another factor in domestic violence allegations.

Something else that is not often discussed with regard to domestic violence allegations in tough economic times is the fact that police agencies are often overworked and understaffed. Officers are being forced to take on more cases without working any additional hours, as local, state and federal budget cuts put restrictions on overtime and the hiring. And, of course, a similar strain on resources exists in the court system.

Officers conduct a cursory overview of the facts with a few questions – and that’s it. But almost always in domestic violence cases, someone is going to jail. Even if you are charged with a misdemeanor, as is the case with most domestic violence arrests, that mark is going to remain on your permanent record forever, unless your attorney can convince the state attorney’s office to drop or reduce the charges or if you are exonerated by a judge or jury.

This is why it’s critical to hire an experienced domestic violence attorney because this kind of a conviction – even if you plead no contest – will follow you as you try to apply for a job, or even keep the one you have. The current economic state of this country makes this an even more pressing issue.

Some of the strategies that a criminal defense lawyer in your case might employ include:
–Showing a potential monetary or other benefit that the accuser stands to gain with your conviction;
–Calling witnesses to testify that the person accused has a reputation for being non-violent and peaceful;
–Calling witnesses to testify that the accuser has a history of not being truthful;
–Showing that the accuser may be an unreliable witness due to the abuse of drugs or alcohol;
–Showing that the actions of the accused were taken either in self-defense or in order to protect children from the acts of the accuser.
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The majority of those who have been jailed in Broward County are there for relatively minor crimes, and many have yet to be convicted. It’s a rotating population, but some are apparently staying for longer than they should, and an outside consultant has recommended jail officials trim their numbers by about 500. jail.jpg

Fort Lauderdale criminal defense lawyers know this is good news (though it won’t be official until court-ordered) but we don’t want this to lull people into a false sense of complacency.

When you’ve been arrested and booked into jail, it creates a definite urgency. You want to get out. You want to get this handled and you want to move on. But when you are released within hours or sometimes not booked at all, there is a tendency to view the situation as not being as serious.

In cases of domestic violence allegations or a DUI arrest, this could not be further from the truth. Both of these instances have the potential to harm your career, your family relationships and your future. This is why no matter how much time you are actually in jail following an arrest, your very first call needs to be to a criminal defense attorney.

What’s happening in Broward is actually part of a long history of overcrowding. Of course, this is an issue at incarceration facilities across Florida and the country, but Broward is unique due to a civil lawsuit filed nearly four decades ago. That suit, Jonas et al v. Stack, filed by the ACLU, was filed on behalf of inmates in the crowded facility. The result was that an outside consultant regularly monitors jail population levels. If it gets too high, he or she can recommend to a judge that population reduction measures are taken.

The sheriff has said he is at the mercy of the courts, who ultimately decide who stays in jail and who is granted a bond. If a judge approves the recommendations set forth by the consultant, this could give your attorney more leverage to negotiate a lower bond. And, of course, anytime jail overcrowding is an issue it can provide your attorney with leverage when negotiating to keep you out from behind bars.

About 60 percent of those arrested in Broward are released from jail within three days. Seventy percent are released within one week. However, it’s the rest that are of concern to the consultant. Many of these individuals are not violent, but rather can’t afford to pay even the low bond amounts set by the court. A recent analysis of booking reports indicated that about 800 inmates were held for more than five days on bonds that were less than $100.

Even more troubling, the consultant found that of the approximately 5,145 inmates housed in Broward County jails on any given day, about 265 are later found to have been arrested without probable cause. Their average jail stay? More than 70 days.

The majority of alleged crimes committed by inmates are: marijuana possession, probation violations, domestic violence, DUI, theft, resisting arrest without violence and possession of cocaine.
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A wealthy man who is on house arrest while appealing his high-profile conviction of Florida DUI manslaughter charges earlier this year is back in jail after reportedly tampering with his ankle monitoring device. cuffs.jpg

Fort Lauderdale criminal defense attorneys understand that polo magnate John Goodman, who was paying for constant home surveillance at his estate in Wellington, has been sent back to jail after authorities say he tried to damage the tracker on the bracelet with a handheld mirror.

Goodman’s situation is rare in that he had been footing the $2,000-a-day bill to be allowed to remain at his home under house arrest and constant supervision while his appeal is pending. What’s not rare is the implementation of ankle devices for those either awaiting charges on bail or who have already been released from prison for certain offenses and are on parole.

Ankle monitor bracelets are sometimes used in Florida DUI cases, because they can be programmed to measure alcohol levels in a person’s sweat. So if an individual has been ordered not to drink alcohol while awaiting trial, the ankle bracelet would provide evidence if that directive was not followed by the defendant.

In general, our DUI attorneys would advise anyone who has been released on the condition of wearing one of these devices not to tamper with it. Not only will it likely result in your re-arrest, you may possibly even face additional charges.

In this case, Goodman contends that he did not tamper with it, and instead hit it accidentally while taking a shower. A spokeswoman for the company that manufactures the devices counters that there are more than 30,000 of them in circulation, and that in order for one to accidentally come off or be damaged, a person would have to suffer a severe trauma, such as loss of a foot. Damage to the device, she said, would only result from a “severe blow.”

But we know from exploring the experiences of those in other states that such devices aren’t always full-proof. State officials in Massachusetts scrambled earlier this year to find a new ankle monitoring bracelet provider, after there were numerous false reports of house arrest violations. In fairness, the company the state chose to subsequently contract with was the one Florida uses now, and the one who produces the bracelet worn by Goodman.

Still, one should never say that false readings are impossible. After all, it is an electronic. It is subject to flaws, like anything else.

Attorneys for Goodman have said they want an independent analyst to look more closely at the device itself to determine if there was any way the damage could have been inflicted by accident. In the meantime, Goodman is expected to remain behind bars until at least Thanksgiving.

He was sentenced to 16 years in prison following a conviction for hitting a vehicle driven by a 23-year-old college graduate and then leaving the scene. The younger man died after drowning in the lake where his car had flipped over.

However, the defendant’s attorneys have filed an appeal on the basis of juror misconduct, after one juror conducted his own drinking experiment during the trial. While at home, he reportedly consumed the same amount of alcohol as Goodman was alleged to have been drinking the night of the crash. The juror later wrote about the experience in a book, saying he believed himself to have been drunk, and therefore deemed Goodman guilty.
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A report under the news category, “Flori-Duh” mocked a Fort Lauderdale man who had been arrested on charges of domestic violence battery after reportedly covering a woman with tomato sauce and shaving cream. softfoam.jpg

However, Fort Lauderdale domestic violence defense lawyers know that in all seriousness, the charges are nothing to laugh about.

The news report details the account of a domestic violence dispute that quickly escalated into a situation in which the 26-year-old man allegedly doused the woman in cream and sauce. The judge presiding over the situation said he thought he had heard just about everything: domestic violence by tuna can, pizza, sandwiches and meatballs. These are the stuff of legendary lunchroom food fights, but in the context of a domestic violence case, the repercussions are far steeper than a trip to the principal’s office. (By the way, a high school food fight in Arizona recently resulted in felony battery on a teacher charges for one of the teens involved, so the use of food in an action against someone else doesn’t de-criminalize the act.)

Florida statute 784.011 defines assault as an intentional and unlawful threat by word or act to do violence upon another person accompanied by the ability to carry out that threat. Battery, as defined in Florida statute 784.03, is the act of intentionally touching or striking another person against the will of that person.

Florida Statute 741.28 defines domestic violence as ANY assault, battery, sexual assault or battery, stalking, false imprisonment, kidnapping “or any other criminal offense” that results in physical injury or death of a household or family member by another household or family member.

These can be charged as either felonies or misdemeanors, depending on the severity of the case and the criminal background of the defendant, which mean a person could potentially be sentenced to years behind bars if convicted.

The whole phenomenon of poking fun at cases of domestic violence involving food or other weird objects was addressed recently by an editorial in a Nebraska newspaper, where a husband had been arrested there for assaulting his wife with a sandwich. The reporter who covered the story had used tongue-in-cheek phrasing and noted the “several pieces of lunch meat found on the carpet,” as well as the mayonnaise stains on the victim’s shirt. The husband was charged with a misdemeanor, and the story was subsequently picked up by national news outlets, including Fox News, the New York Daily News, CBS News and others.

Online commentators had even more fun with the story, asking if the sandwich was a “club sandwich” and whether, if the sandwich had been ham and the woman a Muslim, if it would have been prosecuted as a hate crime.

The editorial chided these remarks, as well as the “news” reports. But, of course, this is unlikely to have much effect on the media, or on those who find humor in the situation, particularly when someone isn’t seriously hurt.

What’s important for potential clients to understand is that even if the circumstances surrounding your arrest become fodder for laughs, you need to take it seriously and hire a criminal defense lawyer with experience.
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A Boynton Beach woman is facing criminal charges after police say she beat her young son with a belt after he was reported at school for bad behavior. belt.jpg

Fort Lauderdale criminal defense lawyers know that 50 years ago – and even today in certain cultures – such conduct would barely cause a raised eyebrow, let alone criminal charges. In fact, this was historically seen as a form of good parenting.

In fact, in 19 states in this country – including Florida – corporal punishment is not only allowable, it is sanctioned and carried out by school administrators. The boards used to paddle children are about 5 inches wide and 1/2 inch thick. They are often hand-made, sometimes by students themselves in wood shop.

A recent report by ABC News indicated that about 3,600 students were spanked by school officials in Florida last year. (That’s much lower than in states like Georgia and Florida, which on average spank more than 28,000 kids annually.)

But times have changed dramatically, and criminal laws are always evolving.

Even though Florida lawmakers have been working to ban corporal discipline in Florida schools, the measure has so far been unsuccessful. Most Florida schools have opted out of the practice, but clearly not all of them.

And yet, it appears we use a different measuring stick when it comes to the actions of parents seeking to discipline their children.

Florida Statute 827.03 defines child abuse as the intentional infliction of physical or mental injury on a child or an intentional act that could reasonably be expected to result in physical or mental injury on a child or the active encouragement of another person to inflict physical or mental injury on a child.

“Physical injury” is a vague term, and fails to differentiate from severe welts and bruising to hand prints and scratches.

This is not to say that there are not parents who take it too far. But in a state where we allow school officials to paddle children, the line often seems unclear.

In this case, the 34-year-old mother was upset with her son, age 5, for bringing home a bad conduct report. Essentially, these are issued when a child acts up in class. She then reportedly took her into his room and whipped him with a belt. The noise woke the boy’s father, who asked the mother to stop.

Somehow, an investigator with the Florida Department of Children and Families learned of the incident and started an investigation. The boy had a single vertical mark across the side of his back, as well as several bruises. The boy said that his mother disciplined him and his sister with a belt when they misbehave.

They also have a younger brother, age 1. There is no indication that the infant has been subjected to any physical harm by the mother.
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Prosecutors have declined to press charges against a 50-year-old man who shot a 33-year-old outside a nightclub in March, saying the shooting was justified under Florida’s “Stand Your Ground” law. firearm1.jpg

Fort Lauderdale criminal defense lawyers know that the law has gained a great deal of notoriety in the last year due to the Trayvon Martin case, in which the 16-year-old black male was shot by white/Hispanic neighborhood watch volunteer George Zimmerman in northern Florida. Advocacy groups decried the subsequent decision by police not to file charges, citing the “Stand Your Ground” law. A special prosecutor was eventually appointed in that case, and Zimmerman is now facing charges.

But “Stand Your Ground” has historically been seen as a defense to physical assault or homicide that occurs at or near one’s home. It isn’t typically applied to bar-room brawls, but this case shows that in certain circumstances, it can be.

Coincidentally, this incident occurred in March, the same month Zimmerman shot Martin.

In this case, the Sun Sentinel reports, the older man fired his gun outside of Mangos nightclub, after the younger man attacked him physically. According to Broward County Sheriff’s deputies, the older man’s two teenage sons were waiting to meet up with their dad when a 33-year-old walked by and tossed a used tissue at their car. When the boys met up with their father, he walked with them inside the club to demand an apology. It’s not clear if they got it, but the man and his two sons then left, him heading in one direction and his sons in another.

However, the tissue-tosser soon followed the older man across the street. Once there, he stripped off his shirt, a recognized signal that he was prepared to start a physical fight.

The older man warned the younger to stop, keep away from him and that he was armed with a gun. That reportedly did not stop the younger man, who then tackled the older man to the ground and began barraging him with punches. Witnesses reported that the younger man was “really hurting” the older man. At that point, the older man reached for his gun and fired a single shot at the younger man’s chest.

The older man reportedly had a concealed weapons permit and remained at the scene to speak to police, who noted he had multiple bruises and dried blood near his nose.

Prosecutors, in declining to file charges against the older man, cited too the mens’ sizes – the older man was 5’7, while the younger man was 6’1 and nearly 240 pounds.

The “Stand Your Ground Law” is located in Florida Statute 776.013. It states that if a person is held in reasonable fear of imminent peril of great bodily harm to himself or herself or another person, they are justified in taking action that may cause death or great bodily harm. There are multiple stipulations in the law, but that’s essentially the crux of it.

If you have questions about whether your case may fall under the Stand Your Ground statute, we can help.
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When it comes to domestic violence arrests in Florida, there is no one-size-fits all charge. womaninveil.jpg

The fact is, prosecutors have a host of varying options to choose from when it comes to charging, and it’s all based on the specific evidence available in each individual case.

This is where having a Fort Lauderdale criminal defense attorney who specializes in domestic violence cases becomes especially important. It’s one thing to generally know the potential defenses in a criminal case, but it’s another to be well-familiarized with the ins-and-outs of a specific area of law.

Choosing a defense attorney who is armed with this knowledge can be critical to ensuring the best possible outcome based on your circumstances.

This case involved a 40-year-old West Palm Beach man and his 38-year-old live-in girlfriend of four months. Investigators arrested the suspect on charges of domestic battery by strangulation, aggravated battery with a deadly weapon, criminal mischief and resisting police officers with violence.

Authorities were reportedly alerted to the case by hospital staff, who were treating the woman days after the alleged attack. She told investigators she hadn’t sought treatment earlier because she feared the legal consequences her boyfriend might face.

Investigators say that the man had been consuming alcohol throughout the day, and when evening fell, he began to argue with his girlfriend. She then reportedly went outside and he followed her. At this point, she contends he began hitting her in the back of the neck with his fists.

The woman was reportedly able to get away and went back inside to get her phone, purse and keys from a bedroom. The defendant then allegedly closed the door behind him, hit the woman on both ears with the palms of his hands. She claims he also took her phone and smashed it on the ground.

She said he then grabbed her by the neck, and opened a pocket knife, which he held to her neck, while saying that he intended to kill her and bury her in the backyard.

Again, she was able to break away and sought shelter with a neighbor.

Domestic violence by strangulation is defined in Florida Statute 784.041(2)(a), which states that the defendant must have knowingly and with intention and against the other person’s will “impede normal breathing or strangulation or circulation of the blood” to either a family member or a person living in the same house or to someone he or she is dating. This act must be such that it creates the risk of serious bodily harm by applying pressure to either the neck or throat or by blocking the mouth or nose of the other person.

This is a third-degree felony charge, which means it’s punishable by up to 5 years in prison.

In this case, it’s not clear what evidence police have to prove that this charge applies. At no point did the report say that the alleged victim was unable to breathe. Furthermore, the delay in reporting the case has more than likely resulted in the disintegration of evidence that would have been vital to the prosecution’s case.

Nonetheless, the seriousness of these allegations warrants the help of an attorney with experience in defending domestic violence cases.
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So often when we talk about domestic violence in the criminal sense, we picture a man lashing out at a woman with whom he’s romantically involved. blackandwhitecrime.jpg

But our Fort Lauderdale criminal defense lawyers know that under the actual definition of the law, there are many other scenarios that qualify.

Such was the incident between a brother and sister who quarreled over the boy’s annoyance of his older sister.

According to the Sun Sentinel, the 18-year-old sister was watching a movie with her cousin. Her brother charged into the room with a laundry basket on his head, in a clear attempt to annoy the two women. When the sister yelled at him to leave the room, the 12-year-old boy refused.

This is where the argument escalated.

Police say the 18-year-old tackled her younger brother to the ground and then kicked him in the head while he was on the floor and scratched his back. At some point during the altercation, police say the woman grabbed a knife from the kitchen and stabbed her younger brother in the shoulder.

At that point, an older brother stepped in, grabbed the boy and dragged him to a bedroom, locking the door behind them.

However, the sister then kicked the door in. The boy grabbed a machete that was in the room in an effort to defend himself. It’s unclear whether the woman sustained any injuries as a result.

At that point, someone in the house contacted police.

Investigators at the scene took the knife and machete as evidence and photographed the damage to the door, as well as the welts and bruises that were forming on the boy’s body.

The woman later told police that she had only grabbed the knife in an effort to defend herself. She was nonetheless booked on charges of aggravated assault and child abuse.

These are two very serious charges, and whether this woman is convicted will depend a great deal on a number of factors, including:

–The statements made by witnesses about who was the aggressor in the situation;
–How the two involved parties’ statements conflict with the witness statements;
–The extend of the injuries to each party;
–The size of the two individuals involved;
–Is the boy’s statement consistent with the one he gave at the time of arrest.

Each of these will be weighed by the defense attorney to determine the best course of action.

What may not help this woman’s case is that she was arrested in 2008 for aggravated assault. It’s not clear, however, whether she was convicted.

Aggravated battery, as defined in Florida Statute 784.045 is when a person knowingly or intentionally causes great bodily harm or permanent disability or disfigurement or uses a deadly weapon. This is a second-degree felony, which is punishable by a maximum of 15 years in prison.

Child abuse is an equally serious offense, as defined in Florida Statute 827.03. It is essentially defined as the intentional infliction of physical or mental injury upon a child. It can be charged as either a second or third degree felony, depending on the extend of the child’s injuries and the intention of the alleged aggressor. As a third-degree felony, it would be punishable by a maximum of five years in prison.

The court may also take into consideration the age of the parties involved. Although the aggressor is technically an adult, she is not a great deal older than the alleged victim. There is no legal provision for this, but it is something the court may weigh.
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Most people facing DUI charges are terrified because it’s the first time they’ve ever become entangled in the criminal justice system.449966_handcuff.jpg

Not so for a 29-year-old Florida woman, whose recent DUI arrest is her 19th since she became an adult.

Fort Lauderdale criminal defense attorneys know that cases such as this require a special level of skill. Of course, each case is to be decided based on its own facts and merits, but the problem is that someone with such an extensive history doesn’t elicit much sympathy from the court. What’s more, enhanced sentencing laws are such that arrests for even relatively minor crimes can be met with harsh penalties.

We don’t know what this defendant’s prior crimes were, but if she was convicted of prior felonies, she could be classified as a habitual felony offender under Florida Statute 775.084. This statutes specifies that someone may receive this classification if:

1. He or she has been convicted of any combination of two or more felonies in the state;
2. The felony for which the defendant is currently being sentenced occurred either while in prison on a previous felony offense or while the person was on parole or probation;
3. The previous felony conviction happened within five years of the most recent charge or within five years of the individual’s release from community control or supervision.

This classification does not require that the previous felony convictions were for violent offenses (that is a different classification).

Habitual felony offenders face sentences that are effectively doubled. So if you are convicted of a third-degree felony, which carries a 5-year maximum sentence, you would be facing a 10-year maximum as a habitual offender.

Similarly, if you were convicted of a second-degree felony, which normally carries a 15-year maximum, you would instead be facing a 30-year maximum.

That’s why it’s so important for someone with prior convictions facing new felony charges to secure an experienced attorney. The key will be, if possible, working to negotiate lesser charges or fewer of them.

In this case, the defendant was pulled over in Charlotte County for reportedly driving erratically. The deputy reportedly recognized her from previous encounters, and knew that she had a suspended license. She declined to participate in any field sobriety tests and also refused to be searched by the deputy at the time of arrest.

As she was being processed at the jail, she was asked whether she had anything illegal on her. She replied no. However, in the course of conducting a search prior to her intake, deputies found about 24 Xanax pills.

She was subsequently charged with DUI, driving under a suspended license, resisting an officer, possession of Xanax and introduction of contraband into a county jail. That last one is a third-degree felony, as defined in Florida Statute 951.22.

In her mug shot, she displays a breezy smile. It may be time to get serious about building a strong defense.
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