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tv   BBC News  BBC News  January 4, 2022 2:00am-2:31am GMT

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welcome to bbc news. i'm david eades. our top stories: elizabeth holmes, who became 3 silicon valley billionaire after setting up the blood testing start—up theranos, has been found guilty of conspiring to defraud investors. a legal document signed between virginia giuffre and jeffrey epstein 12 years ago has been made public. how will that affect her civil case against prince andrew of alleged sexual assault? the beijing winter olympics is just weeks away. how is china preparing to welcome spectators in the midst of a global pandemic? if their events are in the mountains, they'll be able to take a high—speed train there. that's because some of these trains are operating completely within the bubble.
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#0u # ou pretty things, don't you know you are driving your mama and six years after his death, david bowie�*s estate sells his entire catalogue of songs for more than $250 million. welcome to our viewers on pbs in america and around the globe. it was built as a potential revolution in healthcare or it was a massive case of fraud. a usjury has found elizabeth holmes, the founder of the blood testing start—up company theranos, guilty of conspiring to defraud investors after prosecutors said she had swindled private investors between 2010 and 2015. the 37—year—old did that, they said, by convincing those investors that small machines developed by theranos could run
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a range of tests with a few drops of blood from a finger prick to detect certain diseases. in a moment, we'll have a closer look at the details of the verdict. but first, our north america tech reporter on how theranos was founded. we like to see a world in which every person gets access to this type of basic testing. elizabeth holmes had a vision that turned her into a billionaire — that she could create a machine that she called the edison that could detect hundreds of diseases with just a few drops of blood. the pitch convinced some very important people. media tycoon rupert murdoch invested, bill clinton was a fan. behind me are theranos�*s former head offices. very plush, very expensive and in the heart of silicon valley. and the great and the good came to visit theranos. evenjoe biden came to california and heaped praise upon the company.
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success seemed inevitable. this is my certificate for theranos showing my shares and it was actually signed by elizabeth holmes. so it's kind of a bit of history? it really is. a sad bit of history, but history nevertheless. eileen lepera was a secretary in silicon valley. she heard about the amazing new company. my boss had indicated that it was going to be, in his words, "the next apple" and that i should get as many shares as i could. and so i did. it was six figures, which was a large amount for me. what eileen didn't know was that the dream elizabeth holmes was selling was a nightmare. the technology didn't work, but investors like eileen had no idea. elizabeth was in stealth mode, so that we had no idea whether it was going well or was on the brink of collapse. the retail giant walgreens had a contract with theranos to diagnose patients
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with its machines. however, the court heard that theranos was not using its edison machines, but was instead using openly available diagnostic equipment. the courts also heard that some patients had been misdiagnosed. ijust really resent that somebody would make such a massive fraud, especially when so many people told her this isn't working. elizabeth holmes has argued at trial that she had always attempted to create a genuine product that worked and she never intended to commit fraud. what happened behind those closed doors has led to a lot of introspection here in silicon valley. but there's still a culture of faking it till you make it here, and until that changes, people worry that what happened in theranos could happen again. james clayton, bbc news. kevin o'brien is a former assistant us attorney for the department ofjustice who specialises in white—collar crime. hejoins me live.
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thank you very much indeed for joining us. james clayton talked about the dream became a nightmare and many people would not argue with that. were you at all surprised by the verdict? i at all surprised by the verdict?— verdict? i was a little surprised. _ verdict? i was a little surprised. the - verdict? i was a little | surprised. the verdict verdict? i was a little - surprised. the verdict actually has a little bit of something for everyone. it has got for guilty counts, for not guilty counts, and three no decisions. the way the government was no evidence went in, i fully could have expected more guilty counts, but i sure the government will take the four that they got. it is a significant three for the government, especially as people have said in a case like this. i people have said in a case like this. , , ., , this. i suppose that says something _ this. i suppose that says something about - this. i suppose that says something about the - this. i suppose that says - something about the complexity of this case. what is it do you think that the prosecution did well enough to get those four counts through?— counts through? they had overlapping _ counts through? they had overlapping evidence - counts through? they had | overlapping evidence from multiple sources. they used
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patients, although the patient related counts didn't fare too well relatively speaking. they had investors and equity partners, they had board members, they even had people from the lab, very important witnesses, directors of testing and so forth of the suppose devices. and they even had journalists, and a couple of the journalists who testified were very effective. they spoke that ms holmes actually lied to them during the interviews. at various stages, including... nonetheless, and you would know better than anyone, it is not easy to pin the sort of thing on a ceo particularly one that doesn't necessarily have a high tech background. how important do you think was she herself, elizabeth holmes, in terms of her evidence and her role in sarah loss in coming to this
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decision —— theranos. she sarah loss in coming to this decision -- theranos. she was her own worst _ decision -- theranos. she was her own worst enemy - decision -- theranos. she was her own worst enemy because | decision -- theranos. she was - her own worst enemy because she talked a lot. she talked to anyone who would listen, and that created the opportunity for deception or at least shalvey is a misunderstanding, and the government use that against her —— or at least shalvey say. she often told in generalities. —— shall we say. she had enough common themes throughout the entire seven or eight year course of this conspiracy that thejury eight year course of this conspiracy that the jury got the idea. conspiracy that the “my got the idea. , conspiracy that the “my got the “at the idea. very briefly, prosecution _ the idea. very briefly, prosecution said - the idea. very briefly, prosecution said not l the idea. very briefly, . prosecution said not even the idea. very briefly, - prosecution said not even a rash investor defers to be defrauded or misled —— deserves. there is not a huge amount of sympathy for many of the investors here. ida. the investors here. no, absolutely _ the investors here. no, absolutely not, - the investors here. no, absolutely not, and - the investors here. no, | absolutely not, and that the investors here. no, - absolutely not, and that was a hurdle the government had to overcome. these people are not sympathetic and as the government pointed out, even a fool doesn't deserve to be parted from his money by means
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of fraud, misstatement or misrepresentation. that is largely what the government said. �* �* . ~ largely what the government said. �* �* ., ~ said. kevin o'brien, thank you very much _ said. kevin o'brien, thank you very much indeed. _ said. kevin o'brien, thank you very much indeed. thank - said. kevin o'brien, thank you very much indeed. thank you. j a $500,000 legal settlement signed by virginia roberts giuffre and sex offender, the late jeffrey epstein, back in 2009 included an agreement that ms giuffrre wouldn't sue anyone connected to epstein. the agreement was made public on monday and lawyers for prince andrew say it releases the prince from liability in the civil case brought by virginia giuffre, who accuses him of sexually assaulting her when she was 17. prince andrew has consistently denied the claims. our legal correspondent dominic casciani reports. a woman seeking her day in court. the unprecedented defendant — a prince of the realm. but have his lawyers now found a way to stop virginia giuffre's case from ever being heard? she says she was trafficked into sexual abuse
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and exploited by the man on the right, jeffrey epstein. ms giuffre, then known as roberts, says epstein and his girlfriend coerced the than—teenager into abuse by prince andrew in london, new york and the caribbean. today, the release of a 12—year—old settlement in which ms giuffre, seen here at court in new york, accepted $500,000 to end her original case against epstein. the confidential deal has been made public because of its potential importance to prince andrew's defence. in the settlement, virginia giuffre agreed to release, acquit, satisfy and forever discharge epstein from further claims. the wording goes on to cover any other person who could have been a potential defendant. it's so wide, she promises not to bring any further case dating from the beginning of the world. prince andrew's lawyers say that means he can't be sued,
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but one lawyer who represented some of epstein�*s alleged victims says it's too vague to be enforceable. this is one of the most bizarre pieces of settlement agreement i have ever seen. i just cannot believe that a court would say, "well, anyone who has wronged virginia "who was associated with epstein "is now released from liability." that would fly in the face of what our laws are now trying to do, which is to open up claims for sexual abuse victims and allow them to come forward, even years later, and bring perpetrators to justice. the duke's position remains unchanged since his november 2019 newsnight interview. you can say categorically that you don't recall meeting virginia roberts, dining with her, dancing with her at tramp or going on to have sex with her in a bedroom in a house in belgravia? i can absolutely categorically tell you it never happened. do you recall any kind
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of sexual contact with virginia roberts then or any other time? none whatsoever. tomorrow, prince andrew's team will ask a new york court to throw out ms giuffre's case. her lawyers say she's confident that won't happen and one way or another, the duke will have to answer her allegations. we can now speak to professor maryam ahranjani, who's an associate professor of law at the university of new mexico. she joins us from albuquerque. thank you very much for your time. we have lawyers who are representing alleged victims of epstein saying this is vague. we have those who would support prince andrew parliament perspective, saying this pretty much carries —— couple of everything. much carries -- couple of everything-— much carries -- couple of everything. much carries -- couple of eve hina. . ., everything. what would you say? thank ou everything. what would you say? thank you for— everything. what would you say? thank you for having _ everything. what would you say? thank you for having me. - everything. what would you say? thank you for having me. i - thank you for having me. i appreciate the opportunity to weigh in on this important
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case. in my view, generally settlement agreements would broad releases of liability are enforceable. the question, the real issue in this case, though, is going to be whether prince andrew and other potential defendants are considered intended third beneficiaries. thejudge considered intended third beneficiaries. the judge will look at all the facts that are available to be able to determine the answer to that question. determine the answer to that cuestion. , �* ., question. doesn't that light in the use of— question. doesn't that light in the use of the _ question. doesn't that light in the use of the word royal- question. doesn't that light in the use of the word royal in l the use of the word royal in terms of that agreement? it could, it could. but again, this question of specificity is relevant, particularly because it is an opportunity for a court to revisit this president —— precedent in the ability to acknowledge or enforce liability in light of our concerns about sexual misconduct in wanting to
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vindicate people that have been mistreated. vindicate people that have been mistreated-— mistreated. what do you think is the benefit _ mistreated. what do you think is the benefit of _ mistreated. what do you think is the benefit of putting - mistreated. what do you think is the benefit of putting out i is the benefit of putting out this agreement and making it public at this point?— this agreement and making it public at this point? well, you know, giuffre's _ public at this point? well, you know, giuffre's attorney - know, giuffre's attorney requested the agreement to be released, and so presumably they think it will work in theirfavour they think it will work in their favour to have this language out and presumably their argument that it is too broad for a court to enforce it is what they are going to pursue. i is what they are going to ursue. , , is what they are going to pursue-— is what they are going to ursue. , , , , pursue. i guess there must be some--- _ pursue. i guess there must be some--- you _ pursue. i guess there must be some... you tell— pursue. i guess there must be some... you tell me. - pursue. i guess there must be some... you tell me. the - pursue. i guess there must be l some... you tell me. the hopes of a settlement perhaps here which would benefit some would say both sides?— say both sides? absolutely. that is definitely _ say both sides? absolutely. that is definitely another i that is definitely another potential benefit of the release of the settlement agreement is that nobody in the position of a gentle defendant here once there to be dragged
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through the mud further, so an opportunity to deal with it before it goes to trial and settle and just be able to move on is certainly attractive to certainly any public figure. we wait to see — certainly any public figure. we wait to see how this is going to roll out. thank you very much indeed for your expertise. absolutely. thank you. stay with us on bbc news. still to come: we'll tell you how much david bowie's entire music catalogue hasjust been been sold for six years after his death. the japanese people are in the mourning following the death of emperor hirohito.
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thousands converged on the imperial palace to pay their respects when it was announced he was dead. good grief. after half a century of delighting fans around the world, charlie brown and the rest of the gang are calling it quits. the singer paul simon starts his tour of south africa tomorrow, in spite of protests and violence from some black activist groups. they say international artists should continue to boycott south africa until majority rule is established. around the world, people have been paying tribute to the iconic rock star david bowie, who sold 140 million albums in a career that spanned half a century. his family announced overnight that he died of cancer at the age of 69. the world's tallest skyscraper opens later today. the burj dubai has easily overtaken its nearest rivals. this is bbc news. the latest headlines: elizabeth holmes, who became a silicon valley billionaire
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after setting up the blood testing start—up theranos, has been found guilty of conspiring to defraud investors. a legal document signed between virginia giuffre and jeffrey epstein 12 years ago has been made public. how will that affect her civil case against prince andrew of alleged sexual assault? china has been battling a fresh outbreak of covid cases, potentially throwing a shadow over the winter olympics, which beijing is due to host in exactly a month's time. the new strain is providing a potential logistical nightmare. china's solution is strict isolation bubbles for all those coming from omicron—affected areas. our correspondent stephen mcdonell went to see how they will work. when athletes arrive in beijing from overseas, if their events are in the mountains, they'll be able to take a high—speed train there. that's because some of these
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trains are operating completely within the bubble. through speaker: ladies and gentlemen, welcome l to take this train. and soon they'll find themselves racing along at 350km/h, zooming through beijing's arid north and taking in the views. though freezing cold, this is an area of low winter precipitation, meaning that mountains of artificial snow will be needed for the coming olympics. well, this is taizicheng, of the main stations for the winter olympics. it's cold up here. from today, this entire station is closed to the public. the bubble walls are coming up. only those with olympic clearance on special trains can arrive or leave. on arrival, covid test results and travel histories are checked. well, here we are in the heart of chongli, one of the sites
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for the mountain events for the winter olympics. where are the people? well, the reason there are no people here is that the local ski reports have already been closed in preparation for the games, which will start in just a month. over there behind where that big green screen is, that's where the medals will be awarded for the events in this area. but there won't be any general admission tickets available, it seems. they haven't gone on sale yet and they probably won't, so the spectators in the stands are likely to be from government organisations or the army or something along those lines. the challenge for games organisers, though, will be to host an event which can overcome the controversy which has surrounded this olympics following the allegations made by former chinese olympian and tennis star peng shuai in relation to the relationship she had with a former chinese leader. there's been a lot of pressure on the beijing olympics
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because of these allegations, but the organisers will hope that once they sport starts, that it will take over, and they can still host successful games here. stephen mcdonell there for us. we have a lot of big legal cases in the bulletin today. here is another. two of donald trump's children are the latest to be subpoenaed by new york prosecutors as part of their fraud inquiry into the former president's business practices. the requests for ivanka trump and donald trumpjunior to testify were issued by the office of the state attorney—general. the civil investigation has already heard testimony from another of mr trump's children, eric, and is attempting to force the former president himself to make a court declaration by 7 january. let's bring in law professor kimberly wehle, a former assistant us attorney in the civil division of the office. she's in washington, dc. thanks very much forjoining
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us. would you mind just, first of all, in a nutshell outlining what these charges amounted to? well, right now there aren't charges in the civil side, that is letitia james's investigation. there isjust an investigation. there isjust an investigation and what she is looking into is whether the trump organization basically inflated assets for purposes of securing loans and then deflated the serious name assets for purposes of paying taxes, which could amount to civil fraud. taxes, which could amount to civilfraud. nocs civilfraud, that means the only penalty would be paying, repayment, financial repayment. on the criminal side, we know already, that the drum organisation and the chief financial officer, allan white silber, have been indicted on the criminal side around similar allegations and those, of course, could produce jailtime. those, of course, could produce
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jail time. that is the distinction between what letitia james is doing and what the manhattan da has done. thank you very much, and thank you for putting me straight on its an investigation still, charges not lead. but, interestingly, it is a civil fraud case. so there is a lower barfor fraud case. so there is a lower bar for proof, fraud case. so there is a lower barfor proof, isn't fraud case. so there is a lower bar for proof, isn't there? road, there is a lower bar. of the criminal side it is beyond reasonable doubt, civil sided tends to be 51% of the preponderance. what it boils down to, david, across the board here is this concept of knowledge or intent. people cannot make their all different ways of valuing real estate and its somewhat subjective and it on all different kinds of factors and someone might argue, listen, depending on the purpose we might arrive at a different number. the key is was there and intend to essentially dupe the tax collector is? was there an intent to dupe investors or banks by donald trump and the people around him? that is what both the criminal and civil
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side is trying to look into, but, again, the criminal side would require a higher showing of intent or more proof to actually loop those into the legal system.— legal system. are these jewmacro _ legal system. are these jewmacro obliged - legal system. are these jewmacro obliged to - legal system. are these - jewmacro obliged to appear? they also partly because they think a lot of people would say, look, as our understanding was, the boys ran the company, ivanka, for example, was in the white house.— white house. right, if it's a valid subpoena, _ white house. right, if it's a valid subpoena, and - white house. right, if it's a valid subpoena, and it - white house. right, if it's a l valid subpoena, and it sounds like, at least, when a last chance, neither of them have actually moved what we called a course of, this dog the subpoena, claiming that somehow it is unlawful, yes, they will have to comply or potentially face a court order directing them to comply and if they don't comply with that the court order they could actually be held in contempt of court and go to jail. civil depositions system here the united states, the fact gathering discovery process in federal court is really broad.
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the standard tends to be relevant. so anything really related to the subject matter is fair game, two exceptions. one, anything that banker or her brother spoke about with their attorneys, financially, any legal advice, that would be protect, or anything relating to potential criminal liability under the fifth amendment to the us constitution. but other than that they are going to have to answer the questions posed by the lawyers here. challenging times all round. thank you very much indeed. kimberly wehlejoining us. kimberly wehle joining us. thank kimberly wehlejoining us. thank you. after months of negotiations, david bowie's estate has sold the singer's entire catalogue of songs to the warner music group. the amount hasn't been disclosed but is reported to be upwards of two—hundred—and—fifty million dollars. bowie, whose hits included heroes and let's dance, died in january 2016. the bbc�*s tim allman has the story. # there's a star man waiting in the sky.
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# he'd like to come and meet us but... the man who the world sells his back catalogue. well, technically, it was the estate of david bowie that did the deal. in quite a deal it is. the rights to more than 100 songs, a lucrative source of revenue. guy mead, the head of warner music, said these are not only extraordinary songs, but milestones that have changed the course of modern music forever. so often the trendsetter, this time bowie, or at least his estate, was following the examples that by others. in december 2020, examples that by others. in december2020, bob examples that by others. in december 2020, bob dylan sold the rights to his music for an estimated $300 million. tina turner did a similar deal last october, believed to be worth $50 million. and only a few weeks ago, bruce springsteen
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sold his back catalogue for a call half a billion dollars. —— call. call half a billion dollars. -- call-— call half a billion dollars. -- call. , , -- call. # ou pretty thing, # don't you _ -- call. # ou pretty thing, # don't you know _ -- call. # ou pretty thing, # don't you know your - -- call. # ou pretty thing, #| don't you know your driving... the bowie estate and other so—called heritage at get a very large check, while the record companies get a steady and regular income, particularly important in the age of downloads and streaming. bowie himself saw the potential of technological change more than 20 years ago. i of technological change more than 20 years ago.— than 20 years ago. i don't think we've _ than 20 years ago. i don't think we've even - than 20 years ago. i don't think we've even seen - than 20 years ago. i don'tj think we've even seen the than 20 years ago. i don't . think we've even seen the tip of the iceberg. i think the potential for what the internet is going to do to society, both good and bad, is unimaginable. # let's dance! # _ # let's dance! # put on your red shoes and dance — # put on your red shoes and dance the _ # put on your red shoes and dance the blues. in_ dance the blues. in a _ dance the blues. in a few days time' the fans of david bowie will celebrate what
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would have been his 75th birthday. even after his death his legacy endures. tim allman, bbc news. and that is bbc news. thanks for watching. hello. after what was an exceptionally mild start to the new year, we have now started to see quite a dramatic change in our weather. something much colder has been working its way in. a chilly—feeling day for tuesday — snow and gales for some of us, particularly in the north of the uk. the cold airfiltering in behind this band of cloud and rain with some sleet and snow on the back edge. ice a possible hazard across the northern half of the uk, where it will be a really chilly first part of the morning. wintry showers starting to pile up in northern scotland. in fact, snow showers even to low levels over the highest hills — 15 cm of accumulating snow. and with gales or severe gales, especially around northern coasts, there could be blizzard conditions for a time. a band of cloud and rain with a little bit of sleet and snow over the high ground will slowly clear the southeast corner, then we see some sunshine, some wintry showers, a mix of rain, sleet and hill snow, especially out towards the west.
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those are the average wind speeds. the gusts will be stronger than that with the wind coming down from the north, so it is going to feel really chilly. on the thermometer, single—digit temperatures, 4—8 degrees. factor in the strength of the wind, this it what it will feel like. it will feel subzero across many northern parts of the uk. now, as we move through tuesday night, there's more snow to come in northern scotland, more wintry showers in the west, some clear spells elsewhere. it's going to be a cold night with frost and ice, temperatures dropping close to freezing, below freezing in quite a few places. so, a widespread frost to start wednesday morning, but wednesday should bring some decent spells of sunshine. a few showers still close to the east coast, one or two out west and up towards northern scotland. more in the way of dry weather, some spells of sunshine, temperatures still between 4—8 degrees. but this is actually where we'd expect to be for early january. this approaches from the west. a little wedge of milder air with it, so some snow initially. then it'll tend to turn back to rain as that wedge of milder air works in, but then colder air returns from the west. wintry showers will start to push in, so only temporarily will temperatures be just a little bit higher. friday, another chilly—feeling day, highs of 5—8 degrees. we'll see a mix of sunny
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spells and wintry showers.
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this is bbc news. the headlines: elizabeth holmes, who became a silicon valley billionaire after setting up the blood testing start—up theranos, has been found guilty of conspiring to defraud investors. the 37—year—old had claimed she'd developed a machine that could diagnose a range of medical conditions with only a few drops of blood from a finger prick. a legal document signed between virginia giuffre and jeffrey epstein 12 years ago has been made public. lawyers for prince andrew say it releases the prince from liability in the civil case brought by virginia giuffre, who accuses him of sexually assaulting her when she was 17. prince andrew has consistently denied the claims. two of donald trump's children are the latest to be subpoenaed by new york prosecutors as part of their fraud inquiry the requests for ivanka trump and donald trumer to testify were issued by the office of the state attorney general.
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firefighters in south africa say a blaze that devastated

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