Massachusetts Legal Developments Blog

What You Need to Know About Massachusetts Prostitution Sting Charges

A man in Johnston was recently arrested and charged during a sting operation. The man was charged with felony human trafficking following his arrest inside of a Rockland hotel room. Law enforcement posted an online ad for sex and a female officer went undercover as an escort. The man subsequently made contact with the undercover officer, and agreed to meet her at a hotel room to pay her $100 for sex.

The man specifically asked the officer if she was “working for herself,” according to the police report. The man later arrived at the hotel driving a Santa Fe with Rhode Island plates. The man was provided with a room number, and was arrested when he knocked on the door. Four other individuals were also taken into custody during the sting operation and were arraigned in Hingham District Court. Each of the men was charged with one count of trafficking an individual for sexual servitude. The man pleaded guilty and was released from custody to await sentencing.

How Sting Operations Work

Law enforcement often relies on online tools to make prostitution arrests. Police officers will likely create ads on sites like Backpage or Craigslist. When someone responds to the ad, the responses are recorded and the responder can often be convinced to meet in real life.

Various Behaviors Can Increase Your Likelihood of Arrest

Sex crimes carry serious legal penalties and can damage every other aspect of your life. One of the best ways to avoid charges is to follow some simple advice:

Avoid saying anything that might be construed as incriminating via phone, text, or online
Never visit a location with the expectation that you will be able to pay for sexual acts
Under no circumstance agree to render payment in exchange for the services of a sexual act
Stay away from sites like BackPages or Craigslist that advertise arrangements of this kind

Understand the Defense of Entrapment

Entrapment can be used to defend against sting operations that involve sexually-related charges. Entrapment occurs when law enforcement or other authorities convince an individual to engage in a criminal act that the individual otherwise would not have performed. Law enforcement, however, can offer the exchange of sexual services to see how a person responds.

Do Not Hesitate to Speak With a Sex Crimes Defense Lawyer

Even if you are not convicted of the sex crime with which you are charged, the impact on your life can be devastating. If you or a loved one is facing a sex crime charge, you should not hesitate to speak with an experienced attorney. Contact attorney Edward R Molari today to schedule a free case evaluation.

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Criminal Defense

Why You Should Never Run From Law Enforcement

Lewiston law enforcement states that two men now face charges following a drug bust that turned into a chase. The arrest came after law enforcement responded to reports of a drug overdose and arrived to find a man in an unconscious state in a hallway. The police administered Narcan, and the man was transported to a medical facility from which he was subsequently released.

Law enforcement reports that one suspect left both a backpack and his sneakers before running away from law enforcement. This man climbed the roof of the apartment building and then jumped to a nearby rooftop. The man then entered the building through a fire escape before he jumped out of a third-story window. Law enforcement later caught up to the man.

After obtaining a warrant, law enforcement searched the backpack to discover 425 Oxycodone pills as well as a loaded 9 mm handgun. Law enforcement also searched an apartment connected to the overdose and discovered another 119 Oxycodone pills, 118 grams of either heroin or fentanyl, 11 grams of crack, and $966 in what are believed to be drug proceeds. Law enforcement states that the man who fled has subsequently been charged with trafficking Schedule W drugs as well as illegal possession of a firearm and refusal to submit to arrest.

Another resident of the apartment was charged with robbery and theft due to claims that he robbed a man at knifepoint recently. Items stolen during the theft were subsequently found during the arrest and search.

Suspects who run from the police can end up facing some undesirable consequences. The following are some reasons why you should not run from the police, regardless of what criminal charges you believe you are facing.

Law Enforcement is Likely to Use Physical Force

Law enforcement commonly tells people to stop resisting while they are being arrested. When you try to flee from law enforcement, you will likely be chased. If you elude one law enforcement officer, other officers will likely also be informed of your description and location. As a result, you could end up tackled and injured because so many officers are looking for you. You may also be tased, or even shot.

You are Giving Law Enforcement a Reason to Stop You

Law enforcement cannot stop you unless they have a sufficient amount of suspicion to do so. To stop you, law enforcement must believe that something criminal is happening. Running away from law enforcement for little to no reason can end up giving an officer reasonable suspicion to stop you. As a result, regardless of whether you are guilty or innocent, an officer will be able to question you to assess why you ran.

You Will be Viewed as Having Something to Hide

Law enforcement will assume that because you are running away, either something is wrong or that you are attempting to conceal your involvement in a crime. If you run and law enforcement catches up with you, they will likely search you. If you do have something to hide, law enforcement will almost certainly discover it during this search.

Obtain the Assistance of a Drug Defense Attorney

Massachusetts takes drug charges seriously, and these convictions can lead to serious penalties. If you or a loved one has been charged with a drug crime, you should not hesitate to speak with a compassionate defense lawyer. Schedule a free case evaluation with attorney Edward R Molari today.

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Criminal Defense

Fentanyl

Drug Trafficking

Drug Possess to Distribute

What to Do if You are Stopped by the Police While Carrying a Firearm

A Massachusetts State Police officer recently arrested a man after they found firearms in his vehicle during a routine traffic stop. The man was arrested and charged with various offenses including four counts of illegal possession of a large capacity weapon in commission of a felony, counts related to unlawful ammunition possession, possessing a firearm while committing a felony, possessing a class B drug while having the intent to distribute, and various other motor vehicle charges.

Law enforcement was observing traffic when the man’s vehicle was spotted driving through a work zone that was clearly marked with lights as well as cones and signs. While law enforcement followed the vehicle they noticed that its registration expired in January 2020.

After the vehicle was stopped, law enforcement spotted a rifle inside. The driver, who lacks a firearm license, claimed that the gun was an air rifle. Following a quick inspection, however, law enforcement discovered that the rifle was actually a firearm loaded with a round in the chamber and ready to fire. Law enforcement then located other firearms on the floor of the passenger side. All four of the firearms lacked serial numbers.

Following the driver’s arrest, another assault weapon was found while searching the vehicle. Law enforcement also discovered various ammunition, shell casings, a large quantity of prescription medications, and almost $5,000 in cash.

The driver was subsequently booked on a bail of $10,000 and scheduled for arraignment.

What to do When You are Being Pulled Over

After you notice police lights and sirens behind your vehicle, take the following steps:

Put on your flashers
Pull over to a safe location at the side of the road
Put your vehicle in park
Lower your front windows
If you can easily access your identification, do so
Avoid using humor while interacting with law enforcement officers
Remember that sarcasm will do little to improve your situation
Avoid arguing about the initial reason why you were stopped

Massachusetts Law Prohibits Firearm Usage

Each state has unique laws addressing carrying firearms in motor vehicles. Some of the Massachusetts laws that you should understand if you are carrying a firearm in a vehicle include:

Massachusetts prohibits the possession of firearms in a vehicle, whether loaded or unloaded, unless the possessor is at their residence or place of business. Another exception to this regulation exists if the individual possesses the proper licensure.
An individual with a license to carry may carry a loaded firearm in a vehicle only if the weapon is under that individual’s direct control.

Contact a Firearm Crime Defense Lawyer Today

If you or a loved one has been charged with a crime involving possession of a firearm, you should not hesitate to speak with an experienced attorney. Contact attorney Edward R. Molari today to schedule a free case evaluation today.

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Developing Defenses for Drug Trafficking

In June 2021, Massachusetts law enforcement arrested eight individuals during a drug bust that allegedly involved methamphetamine trafficking between California and New England. Law enforcement with Boston’s Organized Crime Drug Enforcement Task Forces seized 152 pounds of methamphetamine during the raid.

Last year, in October 2020, law enforcement received information about drug trafficking activities involving large scale methamphetamines in the Boston area. Law enforcement later identified one of the suspects who was arrested as a methamphetamine trafficker. From February to April 2021, law enforcement engaged in three controlled purchases of methamphetamines from the group.

Drug trafficking involves the possession or transportation of any illegal substance with the intent to either distribute or sell. For the prosecution to establish drug trafficking, they must establish that the person charged was in possession of a sufficient amount of a controlled substance. Methamphetamine is just one of the most commonly trafficked substances. A conviction of drug trafficking can result in a person facing prison sentences, probation, and fines. If you or a loved one has been charged with drug trafficking, it is important to remember that there are several strategies you can follow to defend against these charges.

Attacking the Credibility of Witnesses

Many cases involving drug trafficking occur due to evidence gathered from confidential information. In countless cases, confidential informants are people either receiving money or attempting to reduce their own drug charges. If you can establish that a witness’s credibility should be questioned, it is often possible to create a strong strategy to respond to the charges you face.

The Charge is the Result of Entrapment

Many drug trafficking charges are the result of sting operations conducted by law enforcement or the sale of drugs to an undercover officer. These cases can often lead to claims of entrapment, which is a difficult defense to establish but if proven can be used to defend against the charges that a person faces.

Lack of Evidence Supporting a Warrant

Your defense lawyer often can create a strong defense to a drug trafficking charge if it can be shown that the warrant obtained by law enforcement is not supported by sufficient evidence. Your defense team might also establish that the evidence used against you was obtained illegally and as a result inadmissible in a court of law. One of the most common constitutional rights that is violated is the Fourth Amendment, which protects against unreasonable searches and seizures.

Evidence of Sale

The prosecution must establish that the drugs in question were for sale and not simply intended for personal use. If no aspect of sale can be shown, a charge of drug trafficking will not stand. By challenging the evidence that drugs were being sold, it is often possible to change a lesser charge than drug trafficking.

Speak With a Compassionate Criminal Defense Lawyer

If you or a loved one is facing criminal charges, one of the best things that you can do is obtain the assistance of an experienced defense attorney. Contact attorney Edward R Molari today to schedule a free case evaluation.

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Criminal Defense

Drug Trafficking

How to Respond if Questioned by Law Enforcement

Four individuals were recently arrested in connection with several robberies that occurred close to the Quincy Market and Faneuil Hall. Law enforcement reports that there were several muggings in the area over the last few weeks. These attacks have been described as “aggravated assaults” that involved the theft of cell phones, money, and wallets.

Shortly after 3 in the morning, Boston law enforcement noticed a group of around a dozen people who were allegedly loitering in front of four No Trespassing signs close to Milk and India streets. Law enforcement then arrested four individuals as well as seized drugs, firearms, and cash. All four individuals were subsequently arraigned in Boston Municipal Court. Two individuals were charged with unlawful possession of ammunition, unlawful possession of a firearm, carrying a loaded firearm, and trespassing. Another one of the individuals was charged with possession with intent to distribute drugs. The fourth individual was arraigned on an existing warrant and also charged with trespassing. Eight other individuals who were questioned by law enforcement were permitted to leave.

You are Not Obligated to Answer Questions Asked by Law Enforcement

You have a Constitutional right under the Fifth Amendment to remain silent if you are questioned by law enforcement. You are not obligated to talk to law enforcement even if you feel you are not lawfully permitted to walk away from the police. Law enforcement cannot punish you for refusing to answer questions. It is almost always the best choice to decline to answer questions asked by law enforcement and promptly seek the assistance of an attorney.

What Happens if You Do Not Exercise Your Fifth Amendment

If you do not utilize your right to remain silent and instead speak to law enforcement, it is important to remember that anything you say or do could end up being held against you in a court of law. If you do speak to law enforcement, you must remember that lying or telling false versions of what happened could get you into even worse trouble. It is often the case that people who decide to continue speaking to the police can end up finding themselves in additional penalties besides the initial charge.

What to Do if Law Enforcement Threatens to Subpoena You

Law enforcement sometimes threatens to subpoena people who refuse to answer questions. If law enforcement threatens to subpoena you, you are not obligated to answer any questions at that time. Law enforcement may or may not be successful in obtaining a subpoena. If you receive a subpoena, you should promptly obtain a lawyer, or if you have one notify them about this. You must follow a subpoena’s orders regarding when and where you must report to court.

Obtain the Assistance of an Experienced Criminal Defense Attorney

If you or a loved one has been charged with a criminal offense, you should not hesitate to speak with a knowledgeable lawyer. Contact attorney Edward R Molari today to schedule a free case evaluation.

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Criminal Defense

Defending Against Animal Cruelty Charges

Norfolk law enforcement recently arrested a teenager who was filmed engaging in sexual activity with a horse at Turner Hill Equestrian Stables. The 19-year-old in question handed himself over to law enforcement and was arraigned on several charges relating to the sexual intercourse and activity with the horse as well as breaking and entering into the stable.

The suspect was then placed on bail in anticipation of a hearing to assess if he is a danger to the public. The Norfolk Police Department expressed thanks to the public for becoming involved in the case.

Surveillance camera footage taken from the stables showed the individual sexually abusing a horse. The man was spotted on video footage having intercourse with a mare. The stable owner reported that the man unplugged all of the security cameras at the stable except for one. The man is believed to have knowledge about horse handling and might have spent time at the stable previously due to how he secured and distracted the horse during the criminal act.

The owner of the stable expressed shock and discomfort that the sexual crime had occurred in the pleasant environment of the stable. Forensic data was gathered from the animal, which was not injured during the assault.

Massachusetts Law Addressing Animal Cruelty

Chapter 272, Section 77 of Massachusetts General Law prohibits people from abusing and neglecting animals. Massachusetts classifies this offense as a felony and anyone convicted of violating this law can end up facing five years of imprisonment in a state prison or two and a half years in a house of corrections. A conviction under this law can also lead to a person facing fines of up to $2,500.

Common Examples of Animal Cruelty

Animal cruelty takes many forms but some common examples of these violations include overworking animals to exhaustion, beating or mutilating an animal, leaving an animal in a parked car on a summer day, or willfully abandoning animals at the side of the road. Animal cruelty can also encompass engaging in any type of sexual interaction with an animal.

Defenses Exist to Massachusetts Animal Cruelty Charges

Like all other types of Massachusetts laws, sometimes people end up facing animal cruelty charges even though they have not committed an offense. In these situations, it is helpful to remember that some important defenses can be raised in response to animal cruelty charges in Massachusetts.

Sometimes, what might look like animal cruelty was self-defense or a person protecting someone else from an attacking animal. This certainly is not the only defense that can be raised in response to animal cruelty. Other times, mistaken identity might be involved. Law enforcement also might have violated Fourth Amendment or other constitutional rights when arresting the suspect or gathering evidence about how the offense occurred.

Speak With an Experienced Criminal Defense Attorney

Being convicted or even charged with a crime can come with various penalties. Contact attorney Edward R Molari today to schedule a free case evaluation.

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Criminal Defense

How a Drug Conviction Can Negatively Impact Your Future

Various drugs, as well as cash, were seized by law enforcement during “Operation Lunch Break” on June 11 when several arrests occurred in New Bedford in connection with the Geraldo Rivera Drug Trafficking Organization. The organization operated in the New Bedford area and its members distributed fentanyl cocaine, marijuana, and opioids throughout the area. The investigation located many individuals who were identified in the criminal activity. Five residential search warrants in New Bedford, as well as two warrants in Rhode Island, were executed as well as 14 arrest warrants.

What many people fail to understand is that having a drug charge on your record can lead to various obstacles in countless parts of your life. This article reviews just some of the various consequences that you could end up facing if you are charged or convicted of a drug-related offense.

Asset Forfeiture

Getting arrested for a drug-related offense with the intent to distribute or any other serious drug charge can lead to the forfeiture of your assets. This can occur even if the charges you face are later dismissed.

Child Custody Issues

If you are in the middle of a custody battle for your child, receiving a criminal conviction could end up making your situation much more difficult. You will likely have your character drawn into question due to a past conviction. Understandably, your child’s other parent will likely want to create as strong an argument for custody as possible, which likely means that they will use any evidence possible to bring your character into question.

Employment Can be Negatively Impacted

All employers want to hire someone that they can trust. A growing number of workers are starting to perform background checks on candidates who they consider to be worth hiring. After applying for a position, your potential employer will likely ask whether you have a criminal record. Unfortunately, having a criminal charge for a drug-related offense can substantially impact your chances of obtaining a position in countless industries. Furthermore, you could end up in even worse trouble if you attempt to lie and say that you do not have any such charge.

Loan Eligibility Can be Negatively Impacted

Banks and financial institutions are known to deny loans to applicants who have criminal records. You might be classified as a “high risk” because entities that loan money often want to ensure that an applicant can repay a loan. Without a loan, you could have difficulty obtaining a vehicle or a home.

Losing Your Employment

Many people obtain a security clearance as part of their employment. If these individuals receive a drug conviction, they will likely end up losing their clearance and consequently their position. Receiving a drug-related charge can also end up impacting countless other qualifications that result in a person’s unemployment.

Speak with a Drug Crime Lawyer Today

Deciding how to respond to a drug crime charge in Massachusetts can be overwhelming. One of the best things that you can do is to obtain the assistance of a compassionate criminal defense attorney. Contact attorney Edward R Molari today for assistance.

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Criminal Defense

Drug Trafficking

Drug Possess to Distribute

Strategies You Can Utilize to Fight Firearm Charges

Four Vermont men were recently arrested on gun charges following a report of a fight at a Massachusetts hotel. The charges are related to both unlawful possession of a gun and ammunition. Law enforcement states that a call was received from a man who claimed that he was being beaten up in a hotel parking lot and threatened with a gun. This man was later treated and released from an area hospital. The four men were arraigned in court and could end up facing additional charges after both drugs and cash were found in a hotel room in which they were staying.

If you have been charged with a firearm offense in Massachusetts, it is critical to understand that these charges are taken extremely seriously and that the offenses can lead to felony convictions. Fortunately, if you are charged with a firearm offense in Massachusetts, your lawyer can create various strategies to respond to these charges.

Weaken Eyewitness Credibility

The credibility of eyewitnesses is not an issue that your criminal defense lawyer can explore during a preliminary hearing, but much can be made of this point both at trial and during pre-trial motions. Even if your lawyer does not file a motion with the district attorney to discover who provided the information that led to your arrest, there are various other ways to challenge and attack the credibility of people who provided testimony that led to your arrest.

Create an Argument to Attack Constructive Possession

The prosecution will also often attempt to argue that a person had constructive possession of a firearm. Constructive means that the prosecution will argue that the firearm was found in a person’s “immediate control” instead of on that individual’s person. To argue against constructive possession, your attorney will often argue against other individuals in the area who owned the property. Your lawyer will also point out other individuals who had access to your property. By focusing on these areas, it is sometimes possible to create questions about reasonable doubt that can eventually lead to an acquittal.

Lack of Criminal Intent

Some offenses involve the presence of criminal intent. Establishing intent beyond a reasonable doubt, however, is often a particularly challenging task. Without the defendant admitting so, the prosecution often must utilize evidence and witnesses to argue that such intent existed. A skilled lawyer can challenge the admission of evidence as well as argue that evidence does not lead to the inference that the person charged with the crime is beyond a reasonable doubt. Consequently, it is a good idea to avoid speaking with law enforcement and attorneys following your arrest.

Fourth Amendment Violations

The Fourth Amendment protects individuals against unreasonable search and seizure. Unfortunately, law enforcement sometimes acts in a way that violates the Fourth Amendment. In these situations, it is critical to understand that evidence obtained in violation of the Fourth Amendment can be subsequently held out of a court of law.

Contact a Firearm Defense Attorney

If you or a loved one has been charged with a criminal offense related to firearms, you should not hesitate to speak with a knowledgeable criminal defense lawyer. Contact attorney Edward R Molari today to schedule a free case evaluation.

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Criminal Defense

Dangerous Weapon

Firearms

False Sexual Assault Allegations

A football coach at Brockton High School was recently charged with sexually assaulting a child. Boston law enforcement later arrested the man on several charges, which included rape of a child, trafficking a person for sexual servitude, and possession of child pornography. During his role as a volunteer coach, the coach’s duties did not routinely involve unsupervised contact with students. Also, as required by Massachusetts law, the coach had passed a Criminal Offender Information check before being accepted as a volunteer. Additional details about the arrest are still pending.

While some people find it hard to believe, false rape and sexual offense allegations are not uncommon. This article examines some of the most common reasons why people decide to make up these types of charges.

The Main Categories of False Accusers

Even though every situation is different, data shows that false accusers often fall into one of the following groups:

Personal gain is sometimes financial or an accuser makes such an allegation to receive medical care. Other times, a person who makes a false claim hopes to have another type of benefit from making such a claim.
Sometimes, individuals who are suffering from psychosis or personality disorders argue that they have been the victims of sexual assault.
A large number of rape allegations arise from relationships that have taken wrong turns. In these situations, accusations often arise for random reasons, which often include revenge. For example, a former lover might make up a sexual charge to seek revenge on someone.
Some people make false sexual allegations because they need an excuse. A person might be trying to cover something like an infidelity or a shameful sexual encounter.
It is sometimes the case that a person raises fake sexual allegations because that individual encounters “false memories.” Memories are often thought to be a reliable way of recalling something that occurred. However, there are countless situations in which a person’s brain creates false memories.

The Gray Area of Sexual Allegations

A gray area exists in many sexual allegations. These allegations include should be viewed as things like memories interrupted by alcohol, mixed signals, and a lack of understanding about what sexual assault means. It is not unheard of for a person to attempt to cover up a potentially embarrassing situation by alleging sexual assault.

The Repercussion of False Rape Accusations

Sexual allegations are not something that should be considered lightly. After all, even false sexual assault allegations can lead to serious repercussions for the individual who is charged. These charges can result in difficulty with countless things including pursuing professional degrees, obtaining a license, receiving a loan, and living in certain areas.

Talk with a Sex Crimes Defense Attorney

Even being charged with a sex offense in Massachusetts can lead to serious repercussions that substantially burden how a person lives his or her life. As a result, it is often a good idea to obtain the assistance of a skilled attorney to respond to these charges. Contact attorney Edward R Molari today to schedule a free case evaluation.

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Criminal Defense

Three Tips for Responding to Bank Fraud Charges

A Boston police officer in was recently indicted by a federal grand jury on bank fraud charges, one count of possession of an unregistered firearm, one count of making a firearm in violation of the National Firearms Act, one count of transferring a firearm in violation of the NFA, two counts of bank fraud, and two counts of making false statements to a bank. The charges are related to the officer’s role as owner of a retail gun shop in Tyngsborough. Bank fraud charges as well as violations of the National Firearms Act can lead to lengthy imprisonment, years of supervised release, and substantial fines.

Common Types of Bank Fraud

Many types of bank fraud are charged as federal crimes because they occur within interstate commerce. The resulting penalties for a federal crime are often significant and can create obstacles that last the rest of a person’s life. Some of the most common types of criminal offenses that lead people to end up facing bank fraud charges include:

Pretending to be a financial institute to fraudulently convince others to transfer assets to your ownership.
Changing the names of checks or other financial documentation that has been provided to you. Other times, people attempt to change the amount of money that is involved in a transaction.
People who rely on fraud as well as other methods to obtain jobs at financial institutes. These individuals then perform fraudulent activity in this position that involves the finances of others at the institute.
Sometimes, people commit fraud by taking out loans knowing that they will not be able to pay them because they have recently filed for bankruptcy.

Remember Bank Fraud Takes Many Forms

The federal law addressing bank fraud is broad and allows prosecutors to pursue charges in many different ways. To obtain a conviction, the prosecution must only establish that you are engaged in a scheme to artifice or defraud a financial institute. Bank fraud can include faked documents, forged checks, mail fraud, and mortgage fraud.

Do Not Speak to Law Enforcement

When law enforcement performs any type of arrest, they will often try to get the person who is arrested to make incriminating statements that can be later used against the individual. Law enforcement is also permitted to try to trick you into either lying about evidence or confusing you.

Hold Onto Your Records

Prosecution for bank fraud charges relies heavily on financial records. To give your lawyer a better understanding of how strong the evidence against you is, you should make sure to retain copies of all your financial records.

Contact a Fraud Defense Attorney

If you or a loved one has been charged with fraud in Massachusetts, it is easy to feel overwhelmed. One of the best steps that you can take in such a situation is to obtain the assistance of an experienced criminal defense lawyer. Contact attorney Edward R Molari today to schedule a free case evaluation.

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Criminal Defense

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