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  #1041  
Old 08-31-2020, 11:37 AM
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Fingers crossed the Sheriff's office makes positive changes to the ccw process due to this investigation and the perceived wrongs to the people of this County!
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  #1042  
Old 08-31-2020, 11:43 AM
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Originally Posted by K001 View Post
Fingers crossed the Sheriff's office makes positive changes to the ccw process due to this investigation and the perceived wrongs to the people of this County!
Perceived??? Laurie and her cronies have been throwing our applications in the trash, in violation of state law, for decades!
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  #1043  
Old 08-31-2020, 11:43 AM
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CCW Defendants Seek to Disqualify DA as CEO Pleads
Quote:
Four defendants in an alleged CCW bribery conspiracy have filed a motion to take Santa Clara County District Attorney Jeff Rosen off the case.

Attorneys for James Jensen, Christopher Schumb, Harpaul Nahal and Michael Nichols say Rosen has conflicts that prevents a fair prosecution.

“District Attorney Jeff Rosen and his Chief Assistant Jay Boyarsky will be witnesses at trial, thereby creating an actual conflict that would render it unlikely that Mr. Schumb will receive a fair trial,” the motion argued.

(At the same time...)

...ex-AS Solution CEO Christian West, pleaded guilty to two felony counts of conspiring to offer bribes for concealed gun permits and for falsifying applications to obtain them.

According to West’s lawyer, Tim Crudo, the former executive protection official admitted guilt in hopes of getting those charges reduced to misdemeanors if he continues to cooperate with prosecutors as they continue their investigation.
[...]
Rosen said he would reduce the charges against West if he keeps helping prosecutors and testifies honestly at court hearings.

“Mr. West has cooperated with this investigation and testified truthfully to the grand jury about the scope of this conspiracy and bribery scheme,” Rosen said in a prepared statement after court today. “The law recognizes, and common sense tells us, that a person who accepts responsibility for what he did, pleads guilty, and helps redress the harm he has caused, is deserving of mitigation and a lighter sentence.”

The investigation is still underway, according to the DA, who told reporters today that he plans to file more charges against more people in the coming weeks.

“We are not done,” Rosen said.
There’s a message for others...I’ve got a deal for you....
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  #1044  
Old 08-31-2020, 11:49 AM
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Originally Posted by ColdDeadHands1 View Post
Perceived??? Laurie and her cronies have been throwing our applications in the trash, in violation of state law, for decades!
Well, the testimony indicated they were put in a file cabinet...same result, except there may be a file cabinet of evidence old applications somewhere in the building.
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  #1045  
Old 08-31-2020, 12:07 PM
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Originally Posted by ColdDeadHands1 View Post
Perceived??? Laurie and her cronies have been throwing our applications in the trash, in violation of state law, for decades!
I am on your side so relax 'Francis' :')
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  #1046  
Old 08-31-2020, 12:38 PM
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I didn't expect the CEO to be the first one to cut a deal... Smith is screwed. I seriously doubt in this climate that she'll avoid some form of restitution.
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  #1047  
Old 08-31-2020, 4:47 PM
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Quote:
Harry Stern, Jensen’s attorney, reiterated that Jensen did not have the power to grant the concealed-gun permits. In court Monday, he asked Judge Eric Geffon to re-seal the grand jury transcripts on the grounds that his “client’s trial rights will be prejudiced by their release.”
So his attorney argued that the investigation that found evidence of, and got his client charged with, a crime...does, in fact, make his client look guilty of a crime? And therefore it should be sealed? That's a 10/10 lawyer move right there. He earned his paycheck. I'm not even mad.

They've clearly got a lot of cooperation from multiple involved parties and with the executive taking a plea and cooperating it probably means they have the Captain dead to rights on his charge. It also sounds like the undersheriff was just implicated too. Seems like the walls are closing in on Laurie here. Here's hoping.

It's curious that none of the security officers were charged. The CCW application makes it clear that false statements constitute perjury. Although if they cooperated fully and helped the DA get to the bigger fish I suppose I'd be inclined to let it slide, but it annoys me because if any one of us were to do something like that we would definitely get the book thrown at us.
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Last edited by crazyScott90; 08-31-2020 at 4:50 PM..
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  #1048  
Old 09-01-2020, 5:26 AM
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San Jose TV station, which broke the deal last year:

https://www.nbcbayarea.com/news/loca...utors/2355380/
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  #1049  
Old 09-01-2020, 5:36 AM
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FWIW, I emailed the DA's office with an offer to provide copies of my good cause, application, and proof of delivery.
I sincerely doubt they want or need the data, but it never hurts (or maybe flags me as a trouble maker that will never get approved)
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  #1051  
Old 09-04-2020, 3:05 PM
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Got a reply from the DA's office on my offer:
Thank you for your email. We will keep it on file in case our investigation requires us in the future to collect CCW license applications that may not have been preserved at the Sheriff’s Office.

Very truly yours,

John Chase
Deputy District Attorney
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  #1052  
Old 09-05-2020, 3:45 PM
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Originally Posted by JonMorganHill View Post
Got a reply from the DA's office on my offer:
Thank you for your email. We will keep it on file in case our investigation requires us in the future to collect CCW license applications that may not have been preserved at the Sheriff’s Office.

Very truly yours,

John Chase
Deputy District Attorney
I find the above statement interesting. What did happen to all of the applications? Sit on them , round can or shred?

As much as I would like to see her and her minion in chains , I really think a deal will be made where she retires and keeps her pension. That really doesn't solve the long term problem of no issue CCW unless there is some court ordered oversight for the next sheriff.
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  #1053  
Old 09-05-2020, 4:25 PM
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Originally Posted by microwaveguy View Post
I find the above statement interesting. What did happen to all of the applications? Sit on them , round can or shred?

As much as I would like to see her and her minion in chains , I really think a deal will be made where she retires and keeps her pension. That really doesn't solve the long term problem of no issue CCW unless there is some court ordered oversight for the next sheriff.
In the discussion above, some of the testimony indicates that the applications were put into a file cabinet.
Quote:
... license applications that may not have been preserved at the Sheriff’s Office.
Apparently, the DA found the cabinet(s).

They’ve stacked a bunch of felonies on the Capt for falsifying documents. That’s where the want the pressure and the plea deal.

He can roll on the head shed.

The end game says:
1. The Sheriff had a “No Issue” CCW policy.
2. The Sheriff signed every CCW issued.
3. The Sheriff signed all CCW for the security firm.
4. The Sheriff knew the bribes were in.
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Last edited by Dvrjon; 09-05-2020 at 4:30 PM..
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  #1054  
Old 09-05-2020, 4:39 PM
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Originally Posted by microwaveguy View Post
I find the above statement interesting. What did happen to all of the applications? Sit on them , round can or shred?

As much as I would like to see her and her minion in chains , I really think a deal will be made where she retires and keeps her pension. That really doesn't solve the long term problem of no issue CCW unless there is some court ordered oversight for the next sheriff.
They've had court ordered oversight for the jails for a decade or more, not much of a stretch?
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  #1055  
Old 09-09-2020, 9:19 PM
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Looking over the sheriff’s CCW page yet again, I noticed the 4th paragraph of text says they do NOT collect any fees at the time of application submission. Is that new or is that the way it has always been? IIRC some posters previously said they submitted check payments with their applications.

https://www.sccgov.org/sites/sheriff/Pages/ccw.aspx
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  #1056  
Old 09-10-2020, 3:55 AM
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It's been that way for over a year. I did my first application in Feb 2019 and this was the case
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  #1057  
Old 09-10-2020, 10:32 AM
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Exclamation Writ of Mandamus to order sheriff to process apps

If any of you apply for a CCW and more than 90 days goes by without any indication it is actually being processed, you (on your own or through an attorney) can ask a state district court judge for a writ of mandamus to order Smith to use her statutory authority to exercise her discretion and process your application. Read the third and second to last paragraphs of Salute v. Pitchess case (and reference it in your writ request).

https://law.justia.com/cases/califor...3d/61/557.html

Time to get Santa Clara Co SO back in the business of processing CCWs! (Being investigated by a criminal grand jury for corruption is no excuse for Smith’s nonfeasance.)


Last edited by Paladin; 09-10-2020 at 8:32 PM..
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  #1058  
Old 09-10-2020, 7:26 PM
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When I did by application 11 years ago, they didn't collect a fee from me
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Last edited by lowend65; 09-15-2020 at 10:18 AM..
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  #1059  
Old 09-15-2020, 10:15 AM
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The problem with that idea, Paladin, is that you're signing someone up to spend a ton of time and money on lawyers and litigation just to force a response from the Sheriff. Current law says that this response can be 'no'. And there would be nothing we can do about it. So fund an expensive lawsuit just to get told no. At best we might be able to get the SO to have to start responding in a timely manner, but its not hard to respond to 99.9% of applications with 'no'.
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  #1060  
Old 09-17-2020, 5:16 PM
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Just out;
https://www.nbcbayarea.com/news/loca...andal/2365383/
^ embedded video in link page

"Santa Clara County DA Accused of ‘Playing With Unclean Hands' in Sheriff Campaign Scandal
By Damian Trujillo

Quote:
Santa Clara’s district attorney is accused of committing a crime while trying to prove the sheriff’s office broke the law.

This accusation comes from defense attorney's in the high profile case where the sheriff's office is accused of trading gun permits for political donations. At the hearing Thursday, the defense said District Attorney Jeff Rosen crossed the line by leaking grand jury transcripts to the press.
// Kindly do not quote whole articles.
//
// Librarian

- Sure, no problem. NCB

Last edited by NorCalBusa; 09-18-2020 at 5:26 AM..
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  #1061  
Old 09-20-2020, 5:16 AM
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Another article this morning, San Jose Mercury;

https://www.mercurynews.com/2020/09/...d-gun-permits/

"The meet-up went down in the parking lot of a San Jose Starbucks, as customers streamed through the front door and the faint hiss of an espresso machine offered a soundtrack.

David Sanders, the CEO of a Santa Clara computer services firm and a campaign contributor to Sheriff Laurie Smith, opened the trunk of his car and pointed to his handgun. Smith’s close aide, Capt. James Jensen, took a glance. A short time later, the sheriff’s office gave Sanders a valuable privilege under California’s tough firearms laws: the right to carry it as a concealed weapon. "
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  #1062  
Old 09-20-2020, 6:34 AM
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So nice of the sheriff to "give" him the right to defend himself. Rights are not given by elected officials. Rights are bestowed on every American citizen by our creator and memorialized by our constitution.
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  #1063  
Old 09-20-2020, 6:36 AM
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Further, the reporter confuses rights with privileges. Which is it? Do these people have any clue about American civics?
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  #1064  
Old 09-23-2020, 5:48 AM
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And there it is, the call for her resignation by the MurkyNews;

https://www.mercurynews.com/2020/09/...should-resign/
(^ more here)

Editorial: Santa Clara County Sheriff Laurie Smith should resign
"County residents have a right to know if the county’s top cop knew about corruption in her office, or worse, was involved in it. Her refusal to answer those questions under oath makes her unfit to hold her office.

This cannot be tolerated in Santa Clara County or anywhere in the Bay Area or the rest of California. Law enforcement officials must be held to the highest legal and ethical standards and must be fully cooperative in any criminal investigation. Anything less undermines the powerful trust placed in them."
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  #1065  
Old 09-23-2020, 9:45 AM
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I think there has been plenty of evidence that shows she has not been a great Sheriff even without trying to begrudge her invoking her constitutional rights. Does this whole thing stink of bribery and corruption? Yes absolutely, and if she is guilty then of course I want to see justice done and her behind bars, but I'm not going to get too fired up over her exercising a basic right guaranteed to her under the constitution. That right, like the rest, is something that should be protected for everyone, even those we disagree with. And yes, I know the irony here is that she's spent her entire career denying us a different right guaranteed under the constitution, but that's just the nature of the beast.

My point here is don't go after her over invoking her 5th amendment. Look back over all the stuff that was discussed in 2018 when Hirokawa ran against her, and in 2014 when Jensen (different one) ran against her. There were all kinds of very serious issues being discussed by myself and others (on this thread) that point towards Laurie being a bad Sheriff.

So yes, Laurie should resign, but not because she plead the 5th; rather because of a huge list of reasons that were discussed in 2014 and 2018, in addition to her well-known contempt for the 2nd amendment/CCW rights.
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Last edited by crazyScott90; 09-23-2020 at 9:51 AM..
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  #1066  
Old 09-23-2020, 5:21 PM
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Originally Posted by crazyScott90 View Post
I think there has been plenty of evidence that shows she has not been a great Sheriff even without trying to begrudge her invoking her constitutional rights. Does this whole thing stink of bribery and corruption? Yes absolutely, and if she is guilty then of course I want to see justice done and her behind bars, but I'm not going to get too fired up over her exercising a basic right guaranteed to her under the constitution. That right, like the rest, is something that should be protected for everyone, even those we disagree with. And yes, I know the irony here is that she's spent her entire career denying us a different right guaranteed under the constitution, but that's just the nature of the beast.

My point here is don't go after her over invoking her 5th amendment. Look back over all the stuff that was discussed in 2018 when Hirokawa ran against her, and in 2014 when Jensen (different one) ran against her. There were all kinds of very serious issues being discussed by myself and others (on this thread) that point towards Laurie being a bad Sheriff.

So yes, Laurie should resign, but not because she plead the 5th; rather because of a huge list of reasons that were discussed in 2014 and 2018, in addition to her well-known contempt for the 2nd amendment/CCW rights.
Well said Scott.

I beg to differ, only in that her re-election count is higher than about any Sheriff off hand- definitively "great" success. The differ is that what our little (relatively) community thinks pales by the overwhelming numbers that support her cycle after cycle. I have trouble seeing those followers getting fired up enough over this deal(s) to choose another, as so many of Santa Clara Co. wouldn't give a rat's a** if guns went away (that pesky constitution aside).

I think for 2A to kick her to the curb, we need to find something <strike>the </strike> her masses care about...and this ain't it.

Last edited by NorCalBusa; 09-23-2020 at 5:24 PM..
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  #1067  
Old 09-23-2020, 6:10 PM
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Today’s Mercury News editorial said she should resign for taking the 5th. She can’t be trusted.
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  #1068  
Old 09-23-2020, 7:02 PM
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Today’s Mercury News editorial said she should resign for taking the 5th. She can’t be trusted.
And, they’re wrong. She should not be Re-elected, but she should not be condemned for exercising her Right to shut up. Yes, it’s ironic and unfair that her situation of not testifying about potential denial of a Constitutional Right is protected by another Constitutional Right, but that’s the way of our democracy.

My belief is that they have enough to hammer her. She’s in the bunker, and they’re working the subordinates for the key.
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  #1069  
Old 10-01-2020, 9:24 PM
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The problem with that idea, Paladin, is that you're signing someone up to spend a ton of time and money on lawyers and litigation just to force a response from the Sheriff. Current law says that this response can be 'no'. And there would be nothing we can do about it. So fund an expensive lawsuit just to get told no. At best we might be able to get the SO to have to start responding in a timely manner, but its not hard to respond to 99.9% of applications with 'no'.
Getting a writ of mandamus does not cost a ton of money. What may cost money (hopefully by contingency fee) is case prep for a 14th Amendment Equal Protection civil lawsuit if they issued to applicants with weaker GC than yours. This is the old “Team Billy Jack” approach using Guillory v. Gates/OC. If won’t give you GCs under PRA request your attorney can use CBS v. Block to force them. All three cases I mentioned were good law as of 6 years ago and probably are today.
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Old 10-02-2020, 7:18 PM
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Quote:
Originally Posted by Paladin View Post
Getting a writ of mandamus does not cost a ton of money. What may cost money (hopefully by contingency fee) is case prep for a 14th Amendment Equal Protection civil lawsuit if they issued to applicants with weaker GC than yours. This is the old “Team Billy Jack” approach using Guillory v. Gates/OC. If won’t give you GCs under PRA request your attorney can use CBS v. Block to force them. All three cases I mentioned were good law as of 6 years ago and probably are today.
Seems to me that if a 14th amendment argument could have worked, it would have been done by now.
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  #1071  
Old 10-03-2020, 1:05 PM
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Seems to me that if a 14th amendment argument could have worked, it would have been done by now.
It was, by none other than Preston “Billy Jack” Guillory himself, many times. But he, being in business, used it to get clients, one at a time, CCWs by threatening lawsuits. I’m suggesting using it to sue counties to liberalize issuance: don’t let them off the hook by just issuing to one client. Unless the sheriff is willing to pull all permits to friends/VIPs/donors, the weakest accepted GC becomes the maximum GC needed.
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  #1072  
Old 10-19-2020, 12:07 PM
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Default Santa Clara County Sheriff's Office CCW bribery scandal

"Two former managers of an international security firm specializing in executive protection pleaded guilty today to charges related to a scheme to bribe the Santa Clara County Sheriff to obtain concealed firearms permits."

"Martin Nielsen, 42, the former executive protection and executive projects director of AS Solution, Inc., and Jack Stromgren, 43, the company’s former director of operations for embedded projects, pleaded guilty during a hearing in the Hall of Justice in San Jose this morning. Their sentences will be determined at a later hearing."

https://www.sccgov.org/sites/da/news...gren-CCW-.aspx
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  #1073  
Old 10-19-2020, 12:14 PM
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Holy ****!
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  #1074  
Old 10-19-2020, 12:21 PM
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When is Laurie's turn to to fess up for her decades of CCW corruption? All of this is just noise until she pays for her crimes.
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  #1075  
Old 10-19-2020, 12:54 PM
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It's coming.
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Old 10-19-2020, 1:41 PM
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Paladin Paladin is offline
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The wheels of justice...



Her CCW webpage still talks of backlog due to Peruta. LOL!
https://www.sccgov.org/sites/sheriff/Pages/ccw.aspx
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