How the Scientology Organization uses and exploits the United States' legal system for its own ends

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How the Scientology Organization uses and exploits the United States' legal system for its own ends
by Graham E. Berry
Speech given at "That is Scientology! Reports from the U.S.A." - a conference in Hamburg, Germany sponsored by Germany’s Department of Interior Affairs. It was organized by Ursula Caberta, Head of Working Group, Scientology, Office for Domestic Affairs, Hamburg. The conference took place September 4, 2008. (available online)

Ladies and Gentlemen[edit]

Video of Graham E. Berry's speech (part 1 of 5)
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Ladies and Gentlemen; 10 years ago I gave a speech here in Hamburg. That speech was called “The Dark Side of Scientology” - and it can be found on the Internet if you're interested. In that speech I said that Scientology could be reduced to 3 fundamental concepts; power, purge and punish. Power referred to the goal of Scientology to “clear” the planet, and eliminate all opposition to Scientology. Purge referred to Scientology removing all critical or negative documents and information from government files and public accessibility. Punish, I said, was the darkest of all sides of Scientology. It took two forms; an internal Orwellian form of eliminating any dissent or critical thought, and an external form of punishing critics and uncooperative Government officials with copyrighted policies of terror and psycho-terror for the handling of “suppressive persons”; persons who impede or oppose Scientology's objectives.

These written policies are loosely called “Fair Game” and they can take different forms – intelligence, investigation, intimidation, litigation, fraud & deception. These six forms of Scientology “Fair Game” are the principal means with which the Scientology enterprise uses and exploits the United States system of law for its own ends. The Church of Scientology has a well deserved reputation for being the most fearsome and intimidating litigant in America. Many lawyers are willing to deal with hardball litigation tactics, but few are willing to confront criminal tactics – public corruption, bribery blackmail, extortion, perjury, obstruction of justice, fraud, false claims, lying, defamation, deception, intimidation and psycho terror. All of these things are well documented as being the regular litigation tactics of the Church of Scientology, its lawyers and its private investigators. The fraud starts with the deceitful claim that it is simply a misunderstood, peaceful, ethical religion. However, only Scientology's conduct, and not its science fiction space opera beliefs is relevant to my opinions being expressed here today.

Scientology's well documented criminal conduct demonstrates that its religiosity is merely a public relations facade and fraud, along with many other “false front” tentacles such a WISE – the World Institute of Scientology Enterprises, Narcanon – the drug front, Applied Scholastics – the Educational front. The written policies and records of Scientology demonstrate that it really seeks global, totalitarian political domination. One Scientology document classifies all Government as “Suppressive persons” - to be “utterly destroyed” and “eliminated quietly and without sorrow.” In 1960, Scientology issue the “Special Zone” plan; the Scientologist's role in life. Scientologist's who are not on church staff are ordered to achieve influence in the society at large – by taking positions next to the “high and mighty”. Quote - “don't bother to get elected – get a job on the secretarial staff or the bodyguard” Close quote.

For example, Scientologist John Danielson was chief of staff to President George W. Bush's former secretary of Education, Rod Page. They are still working together as the “Chartwell education group” and they are continuing to support Scientology as Applied Scholastics in 10 states to receive taxpayer monies as part of the supplemental education service under the “no child left behind” program. Bruce Wiseman, the president of Scientology's anti-psychiatry group – the Citizens Commission for Human Rights – or CCHR – is also the treasurer of the National Foundation for Women Legislators. Former Scientology lead attorney Gerald Chaleff is now the Los Angeles Police department lead attorney and a member of the Los Angeles Police department command team. The Los Angeles county sheriff publicly supports and promotes Scientology. It is said he even tried to introduce Scientology training into the Los Angeles sheriff's department. The Assistant city attorney in Los Angeles, in charge of ensuring the Los Angeles Police department does not engage in any racketeering conduct, ironically - is a Scientologist, married to OSA legal unit lawyer Ava Paquette who works with Mr. Moxon.

The list of infiltrated, corrupt, compromised officials, including judges, is a long and tawdry one. For example, Scientologist's are placed into law firm word processing rooms, into congressional mail rooms, to intercept and report on litigation documents and citizen complaints. These people are coercively indoctrinated into ignoring their oaths and obligations of office and to always advance Scientology's agenda. To them, as their written policies demand, the ends always really do justify the means. As you know here in Europe, no democratic state can survive such pervasive, criminal behavior; but the United States now has an institutional tolerance of Scientology's crimes, abuses, frauds and seditions. In the early 1960's, Scientology also established the Department of Government Affairs. Hubbard wrote that the “goal of the department of government affairs is to bring hostile government and hostile philosophies into complete compliance with the goals of Scientology”. And I'm continuing to quote - “This is done by high level control and in its absence, by low level ability to overwhelm. Introvert such agencies, control such agencies.” Close quote.

Later Scientology also established a Department of Official Affairs to quote: - “create heavy influence through our own, and similarly minded groups on the public and official mind.” Close quote. Next came the Scientology public investigations section. And in 1966, these Scientology departments were merged into the Guardian's Office – the Church's very own intelligence agency. It handled public relations, litigation, intelligence gathering and the like. The intelligence bureau not only conducted black ops, but it also engaged in intimidation and worse! What has been properly classified here in Europe as “psycho-terror” and even terrorism being perpetrated by a California-based religious corporation calling itself a Church, which now numbers about 50,000 members or less worldwide. Falsely inflated membership claims are part of the fraud on the public.

In 1982[edit]

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In 1982, as part of Scientology's deceptive and fraudulent corporate reorganization, Scientology's Guardians Office was renamed the Office of Special Affairs – or OSA, and contrary to sworn representations to the United States Government, many of the Guardian's Office staff continued to work for OSA.

One example was OSA's lead in-house lawyer, Kendrick Moxon, who was named in the 266-page stipulation of evidence in the case of US vs. Hubbard – for providing fabricated evidence to the FBI; and today, Scientology attorney Moxon continues to fabricate evidence, and the Office of Special Affairs is headquartered in Hollywood and Gilman hot spring, California.

David Miscavige, the totalitarian leader of this paramilitary cult lives there, in an armored building and often travels in an armored car. His actions and orders go out around the world and the money comes back into the United States; or into bank accounts in Luxembourg, or the Caribbean. Obviously, all the money does not come from Church members paying for courses and auditing; the real money comes from other sources and activities. But how that money comes and goes is another story for another day.

On October 9, 2001, less than 30 days after the Al Qaeda attacks on the United States the OSA legal unit, known as Moxin and Kobrin, renewed the copyright on Scientology's policy called “Target's Defense”. In this church Policy and practice document, certain vital targets are identified and I quote: - “T1. Depopularising the enemy to a point of total obliteration. T2. taking over the control of allegiance of the heads or proprietors of all news media. T3. taking over the control or allegiance of key political figures. T4. taking over control of allegiance of those who monitor international finance.”

And Hubbard also wrote, and I quote: - “All men shall be my slaves. All men shall grovel at my feet and not know why.” Close quote. With Hubbard's manual on brainwashing, and his auditing processes and training drills, Scientology enslaves minds. And with Scientology's promises to cure all ills and ailments, it unlawfully practices medicine; stealing people's health and sacrificing their lives for more and more auditing dollars until it is too late often, for conventional medicine to work. And you can read about some of these deaths on whyaretheydead.com. The list of victims who are dead, often through mysterious, and shockingly similar suicides, is long an it covers decades. The list of people who have disappeared is also long and covers decades. Meanwhile, the Church of Scientology continues to insist that only Scientology and its auditing processes and copyrighted procedures – such as NOTS 34 – can cure physical and mental conditions and diseases. The Church of Scientology is killing people by the unlawful practice of medicine, as well as by its “Fair Game” retaliation against those who impede its goals. Scientology is destroying lives, liberties and the pursuit of happiness of countless people.

If this United States Government-protected racketeering and terror group was not called a Church, it would require medical and other licenses, and the fully informed consent of the medical patient or the commercial customer. In fact, instead of full and informed disclosure, the Scientology enterprise requires its parishioners to sign away all of their civil rights. Scientology killed Lisa McPherson. Holding her captive in a room for 17 days, denying her non-Scientology medical care until she was dehydrated, covered in 110 cockroach bites and dead. Dead is part of a Scientology policy and procedure for handling a person having a psychotic break or going crazy while engaged in Scientology mental processing. Scientology's leader, David Miscavige was personally involved in Lisa's isolation, Introspection Rundown, and death.

“People sometimes die” he callously said. And what did this church do after they had killed Lisa McPherson, and paid over 50 million dollars, in tax exempt dollars to defeat the court claims of her family – through international public corruption, litigation terrorism, international psycho-terrorism, blackmail and fraud? This Church, claiming to be the most ethical group on the planet, ordered its lawyers to draft, and its parishioners to sign, a new general release and waiver of all liability – agreeing that the Church of Scientology is free of any liability for death, injury or damage suffered in any way, or connected with Scientology religious services or spiritual assistance.

Why should the name “Church of Scientology” be enough to enable the Scientology enterprise to change and waive the laws, rules and regulations that apply to all other organizations? The Roman Catholic church! It was liable for the sexual abuse of parishioners; and in fact the Church of Scientology itself has repeatedly covered up staff sexual abuse, and even rape – with the use of psycho-terror and gag agreements.

Hubbard also wrote that a Scientologist can get away with murder. Amazingly, the one racketeering enterprise in the United States that is now above the law is the Church of Scientology. Perhaps that is because of the 1993 secret tax agreement between the IRS and Scientology; which in effect, makes Scientology the established state religion of America by giving it tax benefits, global promotion and protection from Interpol. These are unique privileges and government assistance that are denied all other religions. Last February in the case of Sklar vs. IRS – where Jewish parents were seeking the same religious education deductions exclusively allowed to Scientologist's – a 9th circuit court of appeals judge said quote: - “The view of the IRS, that it can unconstitutionally violate the constitution by treating Scientology more favorably than other religions in terms of what is allowed as deductions does intrude into the establishment clause.” Close quote.

So how did this unconstitutional outrage happen?[edit]

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So how did this unconstitutional outrage happen? 3 decades ago, Scientology agents broke into, and infiltrated 135 government departments and embassies in Washington DC as part of “Operation: Snow White”; which is an ongoing Scientology project. The worst criminal infiltration of the United States government in our nation's history was perpetrated by none other than the Church of Scientology. 11 of Scientology's top executives went to prison, including Mary Sue Hubbard herself. Scientology's current lead lawyer Kendrick Moxon, narrowly avoided a similar sentence for providing false evidence to the FBI; so it seems unbelievable that on October 1 1993, the United States Government, as a result of criminal blackmail, intimidation, terrorism and public corruption, granted the Church of Scientology tax-exempt status – with unique tax privileges, tax benefits and deductions that are expressly and constitutionally denied to all others both by law and by the IRS secret tax agreement. IRS agents had been terrorized. 2 died under apparently suspicious circumstances. Scientology had filed over 2,500 lawsuits against the IRS and Scientology lawyer Kendrick Moxon had reportedly paid over $1,000,000 to Maryland private investigators to dig up the dirt on top IRS officials. Scientology's leader has publicly claimed that this tax agreement based apon a blatantly fraudulent and specially handled application – along with merely superficial IRS investigations, saved Scientology over 1 billion with a “B” dollars in past due taxes, penalties and interest, and David Miscavige has also reported as saying that he and Marty C. Rathburn would go to prison for a very long time if it were ever known how, during a 1, half hour, unannounced visit to the then IRS commissioner Fred Goldberg, they reversed 25 years of federal government resistance and blackmailed the IRS into ignoring the United States supreme court's recent case at that time in Hernandez.

The more than 166 corporations and Churches of Scientology are an elaborate and religious cloak designed to shield the true nature of what is really a racketeering enterprise that satisfies all of the elements of the United States Racketeering Influenced and Corrupt Organizations Act known as RICO. There is no corporate integrity among this deceptive conglomerate. The conditions of the secret tax agreement are ignored and unenforced. David Miscavige controls and micro-manages the entire enterprise; with sole control over its operation, organization and assets. This tax-exempt Church is David Miscavige's tax-free, totalitarian empire and gulag – and anytime he likes, he can run with all the tax-free money.

So this is Scientology in America today; and it adversely effects America's image and reputation around the world. The US government claims it is fearless and tireless against extremist Islamic terrorism, but it is intimidated, impotent, and complicit in matters of Scientology domestic terrorism, crime and abuse. The law in the United States only requires that the government and the courts respect freedom of religious belief. The law and the court decisions are also clear that wrongful church conduct, whether religiously motivated or not, may be regulated and punished like any other crimes and abuses. Despite that, nearly all complaints about Scientology crimes and abuses are ignored by Federal and State government's and their law enforcement agencies. Over the past 10 years many hundreds of complaints have been made to the FBI, the Department of Justice, the IRS and the congress – and all are ignored or rejected with a specious excuse. Outraged public officials take in complaints, input them into the system and then are stunned speechless when higher-up's spike any investigation or prosecution. In part it is this official inaction and hypocrisy that is prompting the tens of thousands around the world now, to protest Anonymously; against what is widely viewed as the world's most dangerous cult.

In the mid-1970's, a few brave citizens banded together against cults in general. They formed the Cult Awareness Network – or CAN. It provided information and assistance to the families of cult members, and to former cult members themselves. And to summarize a very long saga, Scientology's OSA infiltrated CAN. Scientology's lawyer Moxon, devised the “Bowles & Moxon Plan 100” to have 100 frivolous lawsuits on file at any one time against CAN. Scientology intended to drive CAN into bankruptcy. Deposition testimony detailed Moxon being involved in plans to murder Cynthia Kisser – the President of CAN, and Ford Green – an anti-cult attorney. A former Scientology operative has testified he got as far as the CAN offices before deciding to ignore his orders. However, he did infiltrate Ford Green's offices to obtain confidential information. Scientology has infiltrated many government, congressional, media and law offices. Even my own former law office. It has blackmailed and extorted my then law partners; and it has intimidated professional and associates, clients and friends. Scientology did all of these things in the dozens of cases it filed against the Cult Awareness Network – a non-profit, tax-exempt, charitable organization – and Scientology did drive CAN into bankruptcy. Then it persuaded the bankruptcy Judge to give Scientology the name, the postal address and the telephone number of the Cult Awareness Network to use itself, which it still does. And worse still? The bankruptcy trustee and judge were persuaded to transfer all of the files and records of the Cult Awareness Network to the Church of Scientology. So those who had sought confidential assistance against Scientology were then subjected to Scientology “Fair game” and psycho-terror retaliation and handling.

In the United States, justice and fair play on a level playing field are not possible in litigation involving the Church of Scientology. The Government, law enforcement, the courts and the media, have all been terrorized into abdicating their oaths of office and obligations. A copyrighted Scientology document provides that quote: - “The lawsuit is to harass and to discourage rather than to win. The law can be used very easily to harass; and enough harassment on somebody who is simply on the thin edge anyway would generally be sufficient to cause his professional demise. If possible, of course, ruin utterly.” Close quote. Scientology takes us even further by engaging in institutional, organized perjury. Quote: - “The only way to control someone is to lie to them.” Close quote. wrote Hubbard. He also wrote a document called the “Manual of Justice.” And in that he wrote quote: - “People attack Scientology. Always even the score. Overt investigation of someone or something attacking us,by an outside detective agency, should be done more often, and hang the expense. Hire them and damn the costs when you need. The Critic will sure shudder into silence. Scientology punishment is gruesome. There are people hiding in terror on Earth because they attacked us. There are men dead because they attacked us.” Close quote.

In another Scientology policy document[edit]

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In another Scientology policy document, Hubbard wrote quote: - “We will become interested in the crimes of people who try to stop us. If you oppose Scientology, we will promptly look up, and find, and expose your crimes. If you leave us alone, we will leave you alone. Its very simple; even a fool can grasp that” Close quote. There are dozens of written, copyrighted Scientology policies along these lines and even worse. In another Scientology policy document, Hubbard directs the church to conduct quote: - “wars of attrition on the basis of total attrition of the enemy. Just go in and obliterate them.” he says. “Cut off enemy communications, funds and connections. Raid and harass.” Close quote.

This past Saturday evening I received a telephone call from a former Scientologist. This is some of what he told me. He was born into Scientology, and he lived within Scientology until his mid-20's. As a child he was repeatedly imprisoned for hours and threatened with the loss of his eternity and the loss of this planet to the Psychiatrists if he did not sign of 1 billion year contract to join Scientology's paramilitary group The Sea Organization, where he would earn $46.20 per week. He was trained to go out to Psychiatrist's office's where he was to set them up in compromising situations so that complaints could be filed to revoke their licenses. This is called “Psych Busting” in Scientology – and I have taken many depositions off Scientologist's, confirming that this is done. Scientology spent months training him convincingly to lie; to perjure himself and they trained him to harass, and to psycho-terrorize critics of Scientology.

Eventually this young man snapped. He woke up and he left Scientology. Now he suffers from horrible flashbacks and post traumatic stress disorder. This brave, but traumatized young man was interested in suing Scientology for what they did to him as well as to focus attention on the conduct of the federal and state governments and what they are doing to allow Scientology to perpetrate such abuse on others. This is some of what I told him, based on some of my own experience as a lawyer and as a litigant against the cult. It is very expensive to sue Scientology and for lawyers, it is worse than fighting the big tobacco companies or the mafia. Even if a litigant has $1,000,000 the Church will run that litigant out of money.

TIME magazine spent over $20,000,000 to prove that its cover story: “Scientology: Thriving Cult of Greed and Power” was substantially true and not defamatory. In Scientology vs. Yanni, nearly $3,000,000 was spent to successfully defend Scientology's former lawyer in two trials and two appeals. In Scientology vs. Fishman & Geertz, nearly $1.7,000,000 was spent to successfully defend Dr. Geertz against a defamation claim. In the Scientology vs. FACTnet and Scientology vs. Lerma cases, over $2,000,000 was spent to successfully defend and settle fraudulent copyright claims and fraudulent search and seizure orders. These few examples involve the expenditure of insurance proceeds and large corporate funds. Most individuals do not have that sort of money available. However, Bob Minton did. He spent over $10,000,000 before Scientology terrorism, bribery, blackmail and fraud apon the courts forced him into a form of settlement and standoff. Mr. Minton is now so terrorized and threatened – particularly financially and for his children; he now lives abroad. In the Lopez fraudulent investment case, nearly $500,000 was spent on Mr. Lopez's claims before a Scientology legal team led by now LAPD in-house police attorney Gerald Chaleff, forced Mr. Lopez into a token settlement.

The Pattinson vs. Scientology case had to be dismissed when Scientology engaged in barratry; went out and found people to sue Mr. Pattinson – and drove Mr. Pattinson and myself into bankruptcy. In the Christofferson case a judge awarded $30,000,000 in damages to former Scientologist Julie Christofferson. The Church ensured she never saw a penny. The Church ensured that Lawrence Wollersheim didn't see the $30,000,000 in damages he was awarded as well. 18 years of endless appeals later, Mr. Wollersheim netted less than $1,000,000. Quote: - “Not one thin dime to Wollersheim” Close quote - was the order of David Miscavige; who finally paid a much reduced amount on the same morning the fraudulent Scientology corporate structure was about to be exposed in a judicial opinion and decision.

In 1994, I delivered 2 boxes of incriminating, racketeering testimony to the United States Attorney's office in Los Angeles and was later told that the federal government does not have the resources to fight crime on the scale that the Church of Scientology engages in. That same office recently disbanded its public corruption unit which makes the situation even worse now. However, unlimited tax-exempt litigation funds are only part of the picture. First the litigant has to find a lawyer – and there are less than a handful of lawyers nationwide willing to take on the dangers of Scientology litigation. I know one firm who told a Scientology victim that quote “You cannot afford us and we cannot afford you.” close quote.

A litigant's lawyer can expect the Office of Special Affairs, its lawyers, and its investigators, to immediately investigate his entire life. His friends, his partners and his colleagues and clients. My own law partners have been blackmailed and extorted. Clients visited and terrorized. Offices infiltrated with Scientology operatives and sleeper agents. Defamatory statements spread around the profession, around the media, around the Internet. During the Wollersheim case, Scientology even put a microphone under attorney Charlie O'Reily's bed – and he was beaten up the night before a court of appeals hearing. Even his medical records weren't safe from Scientology investigators.

Over 20 false state bar complaints were filed in the 1980's against attorney Michael Flynn. Frivolous lawsuits were filed and false criminal reports made. In the 1990's, over 10 false state bar complaints were made against me. There were false police complaints, and corroborated, documented testimony of blackmail, bribery, obstruction of justice, perjury, fraud apon the courts, bankruptcy fraud and judicial misconduct. Multiple fraudulent lawsuits were filed against me and the fruits of all that criminal conduct is still being used against me with impunity in the Los Angeles courts. Some of our judges are shameless and they are also part of the problem.

In the 1980's[edit]

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In the 1980's the American lawyer magazine published an article called “Scientology's war on the judges.” and that war sadly continues. And I'm not just talking about a lawyer leaving a bag of money on a judge's table and saying “I used to represent the mafia”; Scientology actually investigates these judges and their law clerks. Scientology lawyers have been known to contact these law clerks and to threaten them. They have had improper ex-parte meetings with judges before cases are filed. They have left on midnight visits to judges. Cases get reassigned to judges who are in Scientology's pocket; or who used to be an attorney for Scientology before they became a judge – or who are romantically involved with a Scientologist. Court clerks can be persuaded to receive court filings after hours. In one case, Scientology filed a motion to disqualify the entire Los Angeles bench of judges. In another case they sued the judge for not allowing Scientology to use a Scientology court reporting service called Atkinson Baker. Using Atkinson Baker, Scientology attorney's have received copies of transcripts before other counsel. In another Scientology case there was even a transcript change. In another case, Scientology attorney Moxon was alleged to have drowned the judge's dog.

All this creates a climate of psycho-terror among the judges and that results in blatant miscarriages of justice. Even jury tampering is not out of bounds as happened in another recent example involving the wife of an OSA staffer. Scientology policy documents hold that only Scientologist's have civil rights and non Scientologist's don't have civil rights – and they may be destroyed with impunity. And another Scientology document directs its staff and lawyers to overwhelm an opposing litigant or uncooperative judge into submission. With massive litigation budgets, and sometimes hundreds of lawyers, Scientology files endless motions, takes endless depositions, pursues every avenue of appeal. The goal to delay the resolution of the case as long as possible; to totally frustrate the judge; and to grind the opponent into submission financially, physically, and emotionally. Some litigants and their lawyers, as I said, have developed post-traumatic stress disorder. And when the case ends the documents and the evidence often get sealed. Witnesses and litigants are often forced into gag agreements where they are not allowed to talk of what they know, again. Access to court files becomes blocked and documents slowly disappear from those court files.

As I have explained in my opinion, the Scientology racketeering enterprise now does whatever it wants, almost, in the cities of Clearwater and Florida, and in Los Angeles and Hemet in California. The last criminal organization to flourish under government and the courts was the mafia under J Edgar Hoover's reign at the FBI. Now, the Scientology enterprise flourishes under the Clinton and Bush Justice Departments. And how does it do this? It does it through institutionalized and organized bribery, blackmail, perjury, lying and fraud. It uses criminal infiltration, false claims of religiosity, fraudulent copyrights, false-front organizations, intimidation and terror. Terrorism can take many forms it isn't always violent and spectacular. And in these matters our government has failed us.

In the case of Allard vs. Scientology the court accurately and courageously described some of the documents I have mentioned and the conduct of a group of Scientologists. The Judge said and I quote: - “These documents establish beyond question that the defendants, their convicted co-defendants, their un-indicted co-conspirators [including current Scientology lead attorney Moxon]; as well as their organization; considered themselves above the law. They believe they have carte blanche to violate the rights of others, frame critics in order to destroy them, burglarize private and public offices and steal documents outlining the strategy of individuals and organizations that the church had sued. The defendants and their cohorts launched vicious smear campaigns, spreading falsehoods against those they perceived to be enemies of Scientology in order to discredit them; and , in some instances, to cause them to lose their employment. To these defendants and associates – anyone who did not agree with them was considered to be an enemy against whom the so-called “Fair game” doctrine would be invoked. In view of this, [said the court], it defies the imagination that these Church of Scientology defendants have the unmitigated audacity to defend their actions in the name of religion.

Thank you.


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