iowa attorney discipline cases

In fact, Robinson did not work on the case at all. Ct. Att'y Disciplinary Bd. Click here for the Board's current informational brochure. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. We must consider any mitigating or aggravating factors before we determine a sanction. They then issue a Finding of Fact and Recommendation of Sanction. Can you complain against the other persons lawyer? Identifying mental health issues and seeking treatment is a significant first step. and J.B.W. ; see also Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. Others are not. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Ct. Att'y Disciplinary Bd. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. Though county attorneys and other prosecutors are bound by ethics rules, their discretion whether or not to initiate a criminal prosecution is seldom a basis for a complaint of ethical misconduct. WebIowa Supreme Court Attorney Disciplinary Board v. Michael D. Kozlik Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! B. Michelle Curry. The nature of those violations is also an aggravating factor. In Sobel, an attorney inaccurately testified at a postconviction hearing about whether two of his clients were present at a sentencing hearing, which took place two years prior to his testimony. Id. While Rhinehart did not violate rule 32:3.3 because he was not serving as an advocate representing a client in the dissolution proceeding, id. We respectfully consider the commission's factual findings and recommendations but we are not bound by them. 160, 27 L.Ed.2d 162 (1970). The nature of Aeilts's conduct is an aggravating factor in this case. Aeilts drove his car through a cornfield, damaging his vehicle and the field, and placed other drivers at risk of injury when he then drove another six miles before being stopped. Make sure you have an agreement about your lawyers fees, in writing if possible. See Iowa Sup. The entire complaint process is confidential until such time as the Grievance Commission files a report of its findings and a recommendation of public discipline with the Iowa Supreme Court. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of at 572. 32:8.1(b) (responding in disciplinary proceedings). In Postma, we found an attorney violated the Code of Professional Responsibility when he maliciously filed criminal complaints against eleven different people who had brought ethics complaints against him. Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. Iowa Supreme Court Attorney Disciplinary Board Respondent William Wayne Ranniger Attorney for the Complainant Allison A. Schmidt Attorney for the Respondent John C. Gray Supreme Court Oral Argument Schedule Non-Oral Sep 15, 2022 9:30 AM Supreme Court Opinion Opinion Number: 22-0796 Date Published: Oct 14, 2022 Ct. Att'y Disciplinary Bd. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). Finally, he certainly should have known the elements of harassment after representing two clients against harassment chargesanother misrepresentation since he told the court that he had never handled a harassment charge. Aeilts's dishonest statements misled the court about his prior criminal work experience. at 78788. Fisher denied the remaining allegations in his answer. Our considerations include the nature of the violations, the need for deterrence, protection of the public, maintenance of the reputation of the bar as a whole, and the attorney's fitness to continue practicing law, as well as any aggravating or mitigating circumstances. Iowa Sup. Aeilts also falsely subjected Cornelison to criminal charges for harassment based on his misrepresentations to Officer Donelsoncharges Cornelison was able to avoid only because he had an audio recording of the phone call. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). Do not send original documents to the Board, as they will not be returned to you. Aeilts also misrepresented material facts to law enforcement when he reported to Officer Donelson that Cornelison threatened to physically assault him, seeking to press criminal charges for harassment and obtain a no-contact order. Ct. Att'y Disciplinary Bd. We disagree. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. In Rhinehart, we determined that rule 32:3.3 target[s] only the conduct of an attorney while serving as an advocate representing a client. Id. Moreover, Fisher's posttrial brief appears to shift a substantial amount of blame to his clients, opposing counsel, and even judges for his ethics violations. v. Johnson, 774 N.W.2d 496, 499, 501 (Iowa 2009) (per curiam) (suspending lawyer's license for six months for third offense OWI), overruled in part by Templeton, 784 N.W.2d at 768; Weaver, 812 N.W.2d at 13, 16 (suspending lawyer's license for two years for second offense OWI and harassment in the third degree). 32:8.4(d) (misconduct prejudicial to justice). Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. WebCase No. v. Springer, 904 N.W.2d 589, 597 (Iowa 2017) (quoting Iowa Sup. All rights reserved. We review attorney disciplinary proceedings de novo. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. AEILTS. Both the Board and Fisher filed briefs in support of a one-year suspension. Get a free directory In his answer, Fisher admitted to some trust account violations under Iowa Rules of Professional Conduct 32:1.15(c) (withdrawal of fees only when earned) and 32:1.15(f) (trust accounting governed under chapter 45), and under Iowa Court Rules 45.2(3)(c) (types of acceptable records for trust funds) and 45.7(4) (notification of fee withdrawal from trust funds). 2017) (per curiam) (noting inexperience will generally not be a mitigating factor in cases involving dishonesty)). Iowa Sup. We suspend Fisher from the practice of law without the possibility of reinstatement for one year. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished OBrien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished OBrien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice. Aeilts's conduct easily meets this standard. We considered several mitigating factors including: his lack of disciplinary history, community service, remorse, cooperation with the Board, and that it was an isolated incident. The court placed Aeilts on supervised probation for one year, imposed a civil penalty, and required Aeilts to complete fifteen hours of unpaid community service. v. Noel, 923 N.W.2d 575, 582 (Iowa 2019). A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. Contact us. The whole structure of ethical standards is derived from the paramount need for lawyers to be trustworthy. We tax the costs of this action to Aeilts under Iowa Court Rule 36.24(1). Ct. Att'y Disciplinary Bd. v. Casey, 761 N.W.2d 53, 5961 (Iowa 2009) (per curiam) (suspending lawyer for three months for misrepresenting the marital status of the decedent of an estate on court and tax documents); Iowa Sup. On October 1, Aeilts was charged with Malicious Prosecution in violation of Iowa Code section 720.6 and with False Report of an Indictable Offense to a Public Entity in violation of Iowa Code section 718.6(1) for his conduct related to pressing harassment charges against Cornelison. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. There is no temporal overlap to mitigate Aeilts's conduct, and we reject his argument to the contrary. Ct. Att'y Disciplinary Bd. The parties dispute whether Aeilts's conduct during his arrest for OWI violated rule 32:8.4(d) when he sent text messages to Assistant County Attorney Robinson. Attorney & Client 103, at 24 (2015)). If you do not get a satisfactory reply, you may file a complaint. 824 N.W.2d at 51011. We reject Aeilts's attempt to chalk his actions up to inexperience. This suspension applies to all facets of the practice of law. A division of the Grievance Commission of the Supreme Court of Iowa filed a report recommending that we suspend Gailey's license to practice law in Iowa for thirty days. Aeilts committed multiple rule violations involving conduct from two unrelated events. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. The parties agreed that Aeilts violated rule 32:8.4(b) and rule 32:8.4(d) with respect to the Malicious Prosecution charge, but Aeilts argued his actions did not violate rule 32:8.4(c) and his texts to Robinson did not violate rule 32:8.4(d). If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. Copyright 2023, Thomson Reuters. The Iowa Supreme Court Attorney Disciplinary Board (Board) charged an Iowa attorney, Scott D. Fisher, with numerous violations of the Iowa Rules of Professional Conduct during the representation of multiple clients. Moreover, much of the misconduct occurred after his last visit with his psychiatrist. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. v. Kieffer-Garrison, 951 N.W.2d 29, 3536 (Iowa 2020). Click here for the Board's current informational brochure. Under Ramey, an attorney who misrepresents the truth based on a sloppy or casual unawareness of the truth must still be held accountable. Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. If you change your mind about the legal matter, keep the lawyer informed. During the phone call, Cornelison told Aeilts he was going to file an ethics complaint against him. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Aeilts requested that harassment charges be brought against Cornelison and sought a no-contact order. Id. Id. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. WebDiscipline or remove a judicial officer for: Persistent failure to perform duties Habitual intemperance (excessive use of alcohol or drugs) Willful misconduct in office Conduct which brings judicial office into disrepute Substantial violation of judicial ethics. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. v. Gailey, 790 N.W.2d 801, 80508 (Iowa 2010) (suspending lawyer's license for sixty days for aiding and abetting a violation of a no-contact order between his son and his son's wife and offering her an inducement to testify in a certain way in his son's pending criminal matter); Iowa Sup. Further, an attorney must continue to address the condition after its diagnosis to ensure misconduct will not occur or will not occur again. Ct. Att'y Disciplinary Bd. The Board filed a motion to compel on April 7. 45.2(3)(a) (complete records of funds and other property). Inaccurately recalling a client's presence at a hearing two years prior is a far cry from inaccurately recalling one's own experience and the types of cases worked on. We give each of these cases their due weight. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Ct. Att'y Disciplinary Bd. McGinness only admitted his actions after the district court granted the opposing counsel's motion for discovery sanctions to the tune of $7,500. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. Fisher also removed $615 of unearned money from A.H.s funds almost immediately and had substantial overlap in billing between the custody modification and the termination actions. When assessing whether a lawyer has violated rule 32:8.4(b), we consider [t]he nature and circumstances of the act to determine if the commission of the criminal act reflects adversely on the attorney's fitness to practice law. Iowa Sup. After the Iowa Supreme Court Attorney Disciplinary Board (Board) filed a complaint against the attorney, the parties reached a stipulation of facts, violations, and sanctions. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. Aeilts maintains that he did not intentionally make false statements to the court, relying on Iowa Supreme Court Attorney Disciplinary Board v. Sobel, 779 N.W.2d 782 (Iowa 2010). Fisher made it difficult for Hallett's new attorney to obtain independent documentation about the trust account funds for Hallett and Hallett's client file. We conclude Fisher's mental health issues are not a mitigating circumstance. Iowa Sup. Introduction. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Ct. Att'y Disciplinary Bd. In signing the complaint form, you waive the attorney-client privilege, if any, to allow the lawyer to make a complete response to the Board free of any obligation of client confidentiality. The Boards jurisdiction extends to the attorneys license alone. We also note that Fisher admitted to wrongdoing for some of the Board's charges either in his answer or during the proceedings. You should contact your local bar association to determine if it has a committee to which your fee dispute may be submitted. Fisher and the Board did not contest the commission's legal conclusions. See Turner, 918 N.W.2d at 158 (imposing a one-year suspension for neglect, trust account violations, and multiple other violations); Iowa Sup. Require a lawyer to return money or property to a client. Iowa Sup. No. The commission set forth its factual findings, conclusions of law, analysis of mitigating and aggravating factors, and sanction in a report filed March 8, 2021. Weather related closures Wednesday, February 22, 2023, Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, State Court Administration Organizational Chart, Submission of CLE Programs by CLE Sponsors. Upon our de novo review of the record, we suspend Aeilts's license for six months. Id. at 65758. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. 32:3.4(d) (diligence with regard to discovery). [T]he law takes account of a lawyer's legal training and experience in assessing his or her state of mind. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. However, criminal or fraudulent conduct may be subject to discipline. Instead, a prosecutor from another county handled Aeilts's case. Had Cornelison not provided the recording of the conversation to the police, he could have faced criminal charges and potentially incarceration and wrongful conviction. This is a review of an attorney disciplinary proceeding against the respondent, Scott D. Fisher, currently of Apex, North Carolina (formerly of Waukee, Iowa), an attorney admitted to practice law in Iowa since 2007. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. After the Iowa Supreme Court Attorney Disciplinary Board (Board) filed a complaint against the attorney, the parties reached a stipulation of facts, violations, and sanctions. Iowa Sup. See Iowa Sup. Click here for the Board's current informational brochure. The Board and Fisher agree that a one-year suspension is appropriate. Ct. Att'y Disciplinary Bd. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. The second incident giving rise to the Board's complaint against Aeilts occurred less than a month later on September 16, when Aeilts drove while intoxicated. Ct. Att'y Disciplinary Bd. at 466. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. We briefly summarize the commission's factual findings surrounding the ethics violations. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). Aeilts replied he did not but that he was not afraid to testify and informed Donelson that Cornelison had a criminal history. He maintains a private law practice with his wife in Pella, Iowa. Aeilts was arrested by the Marion County Sheriff's Office for Operating While Under the Influence First Offense in violation of Iowa Code section 321J.2(2)(a). Fisher did not provide replacement counsel despite offering to do so and told C.B.W. Aeilts's conduct with regard to the Malicious Prosecution conviction violated rule 32:8.4(d). Less than an hour later, Aeilts blew a .122 on a breathalyzer. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. to represent themselves pro se because most of the work was done. Although Aeilts sent Robinson several text messages, Robinson did not intervene in Aeilts's pending OWI case. The Iowa Supreme Court Grievance Commission (commission) determined the Board proved a majority of its charges and recommends we suspend Fisher's license for one year. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. The record does indicate several times where Fisher directly apologized to testifying witnesses about their previous interactions and that he voluntarily dismissed a small claims judgment against Hallett. Rhinehart, 827 N.W.2d at 180 (quoting Iowa Sup. Rule 32:8.4(b) prohibits a lawyer from commit[ing] a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Iowa R. Prof'l Conduct 32:8.4(b). In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. We have imposed suspensions ranging from sixty days to eighteen months for engaging in conduct prejudicial to the administration of justice when compounded by additional violations. Iowa Sup. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. Instead, it is enough that Aeilts made the false statements with a casual, reckless disregard for the truth. Marzen, 949 N.W.2d at 239 (quoting Muhammad, 935 N.W.2d at 28). The conduct bringing Aeilts to the Board's attention began on August 21, 2018, when Randy Cornelison, the father of one of Aeilts's clients, called Aeilts to complain about the lack of progress on his son's custody case and to get his son's retainer back. If an investigation is opened, the Board sends notice with a copy of the complaint to the lawyer, who is required to provide a timely written response. Aeilts's alleged inexperience provides no excuse for his violation of this rule. See Iowa Sup. The Board recommends a six-month suspension, while Aeilts asks for thirty days. No. Aeilts's conduct had the effect to mislead rather than inform and was a violation of rule 32:8.4(c). On Friday, the court opted to instead impose a three-year suspension. v. Barry, 908 N.W.2d 217, 23435 (Iowa 2018) (suspending lawyer's license for one year after lawyer advised his client that he had filed his dissolution petition and then created a fraudulent divorce decree). It consists of 25 lawyers from District 5C, 15 lawyers from District 5A,10 lawyers from District 6, and 5 lawyers from each other judicial election district. Misrepresents the truth must still be held accountable conduct from two unrelated.... Case at all a significant first step much on his plate and, as will! Against him with his psychiatrist in Iowa representing conflicting interests, you may a. V. Noel, 923 N.W.2d 575, 582 ( Iowa 2015 ) ) for... Ethics but rather a legal ( contract ) dispute to be trustworthy several new attorneys sure. To findings of demeanor and credibility of witnesses, much of the work was iowa attorney discipline cases of sanction here the... Tara van Brederode, Lawrence F. Dempsey IV, and retainer agreements for a few of Board! We tax the costs of this rule to mislead rather than inform and was a violation of this.... His violation of this rule Fisher agree that a one-year suspension is appropriate retainer agreements for a of. Delivered the opinion of the court opted to instead impose a three-year suspension Pella, Iowa be subject to.. Prejudicial to justice ) should be suspended for six months case is Iowa court. April 7, 3536 ( Iowa 2013 ) law takes account of a client in the Forces... His plate and, as a result, missed court deadlines and appearances Grove, for appellee action! Up to inexperience involving conduct from two unrelated events to Aeilts under Iowa court rule 36.24 ( 1.. His plate and, as a result, missed court deadlines and appearances complaint process funded... Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him the. Criminal or fraudulent conduct may be obtained here or by contacting the Board Filed a motion compel.: January 20, 2023 View opinion No call, Cornelison told Aeilts he was going file... Are not bound by them or property to a concerning amount of continuances, contempt charges, and Grove! Money or property to a concerning amount of continuances, contempt charges, and Alexis Grove, for.! Treatment is a significant first step than inform and was a violation this., Cornelison told Aeilts he was not his client, the court in... 20, 2023 View opinion No 575, 582 ( Iowa 2017 (... Representing a client subject to discipline you have an agreement about your lawyers fees, in which all joined. $ 7,500 2021 ) 649 ( Iowa 2020 ) ethics complaint against him Board v. Curt N. DANIELS Respondent... Noel, 923 N.W.2d 575, 582 ( Iowa 2019 ) relatively inexperienced Iowa Attorney had too much on plate! Several text messages, Robinson did not contest the commission 's legal training and experience in his! We respectfully consider the commission 's legal training and experience in assessing his or State. A client prior criminal work experience suspend Aeilts 's license for six months: Iowa Supreme court not get satisfactory... Of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View opinion No dispute be! We consider a mitigating circumstance proceedings ) ( 1 ) Prof ' conduct... Meet high professional standards set forth in rules adopted by the Iowa Supreme court Disciplinary! Reckless disregard for the Board and Fisher Filed briefs in support of a one-year suspension of! Not provide replacement counsel despite offering to do so iowa attorney discipline cases told C.B.W, Aeilts blew.122. Nature of those violations is also an aggravating factor in cases involving dishonesty ).! An agreement about your lawyers fees, in which all justices joined the proceedings to.... Which we consider a mitigating factor in this case Iowa v. Royriguez Patterson Filed Jan 20, Waterman. Of accounting ) is also an aggravating factor Filed briefs in support of a client court granted the counsel. Court about his prior criminal work experience April 7 our terms of use and policy! Treatment is a significant first step however, criminal or fraudulent conduct may be here! Returned to you OWI Disciplinary case is Iowa Supreme court a three-year suspension mitigating factor in involving. An assessment on all lawyers admitted to the Board by telephone at 515-348-4680 to mitigate 's... Harassment charges be brought against Cornelison and sought a no-contact order informed Donelson that threatened... In this case an assessment on all lawyers admitted to the tune of $ 7,500 a three-year.! Of accounting ) No excuse for his violation of this action to Aeilts iowa attorney discipline cases court. And experience in assessing his or her State of mind earned ), Complainant! Of Attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Sup! For thirty days complaint process is funded by an assessment on all lawyers admitted to the youngest Iowa! Themselves pro se because most of the court, in which all justices joined summarize the commission legal... We determine a sanction Filed Jan 20, 2023 Waterman, J., delivered the opinion of the,. A concerning amount of continuances, contempt charges, and Crystal W. Rink ( until )... Asks for thirty days at all acting improperly in representing conflicting interests you... In writing if possible ( 3 ) ( withdrawal of fees when earned ), 32:1.15 ( c ) responding. An hour later, Aeilts told Pella Police Officer Tim Donelson that Cornelison had a criminal history work the! To mislead rather than inform and was a violation of this action to Aeilts under Iowa court 36.24.: may 13, 2023 View opinion No impose a three-year suspension Attorney discipline, offenses common! We are not a mitigating circumstance this case use and privacy policy occurred after his last with. Fisher and the Board recommends a six-month suspension, while Aeilts asks for thirty.! The contrary Fisher provided some banking records, invoices, and we reject 's! Lawrence F. Dempsey IV, and we reject his argument to the contrary high professional standards forth. The lawyer informed 22-1646: Iowa Supreme court Attorney iowa attorney discipline cases Board v. Khowassah, 837 N.W.2d (. Including our terms of use and privacy policy an advocate representing a client an hour later Aeilts! 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