BREAKING NEWS: Judge Orders Bowdoin To Show Cause Or Face Consent To Forfeiture Of Tens Of Millions Of Dollars

A federal judge has ordered Andy Bowdoin, AdSurfDaily Inc. and Bowdoin/Harris Enterprises Inc. to show cause by Aug. 7 why a series of motions filed by Bowdoin as a pro se litigant should not be denied.

Judge Rosemary Collyer noted in the order that Charles A. Murray, a paid attorney Bowdoin had hired after Bowdoin was advised months ago that a corporation could not proceed pro se, has not followed up on initial pleadings.

“Eventually, [Murray] entered an appearance for all three claimants (Dkt. ## 59 & 60), and then filed a First Motion to Withdraw Notice (Other) For Leave to Withdraw Notice of Rescission (Dkt. # 66). In this First Motion, counsel explained that he ‘require[d] time to evaluate the facts and circumstances of the matter but that all claimants, through counsel, ‘intend to resubmit this Motion to Rescind on or before May 15, 2009.'”

Using stark language, Collyer said she has heard nothing from Bowdoin or his lawyer since May.

“It is now July 24, 2009, and nothing further has been heard from counsel, Mr. Bowdoin, ASD, or Bowdoin/Harris Enterprises, Inc.,” Collyer said.

“THEREFORE, Mr. Bowdoin, ASD, and Bowdoin/Harris Enterprises, Inc. are ORDERED TO SHOW CAUSE no later than August 7, 2009, why the Court should not DENY all pending motions and ORDER this civil forfeiture matter to proceed based on their release of claims and consent to forfeiture,” Collyer concluded.

Federal prosecutors say more than $65 million was seized from ASD last year.

Read the judge’s order.

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33 Responses to “BREAKING NEWS: Judge Orders Bowdoin To Show Cause Or Face Consent To Forfeiture Of Tens Of Millions Of Dollars”

  1. So we should know something more on Friday 7th August. A date at last.

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  2. Patrick and all you Legal Eagles:

    Wouldn’t it seem that this is a very good first step in the direction of providing partial cash distribution back to members such as the case with 12DailyPro?

    I know that there is no assurance that the government would elect to take such action (assessment of who would be entitled to what partial compensation), but, with a forfeiture due to lack of response to the show cause, that would remove one big hurdle, wouldn’t it?

    There are many people who were not instigators of this ponzi, merely caught up in it, especially since it went offline and away from the normal surf player channels.

    For the sake of those people, I do hope the government chooses to seek remedies that would include criminal prosecution of the perpetrators and insiders and partial compensation for those who had losses and were not part of the active promotion of the ponzi.

    Just my opinion, I could be wrong.

    FS

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  3. alasycia:

    Sort of. If Andy & Attorney respond by 8/7, then we will have to wait on a ruling of their response by Judge Collyer. If they don’t respond, then her order will be implemented.

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  4. Seems likely that even Andy (with or without attorneys) could have responded to the Judge. Or else, he lied about hiring more lawyers. Perhaps he realizes how silly the motion was to being with, and decided to hide beneath a rock. Invisible Andy he has become.

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  5. Don,

    Don – with an agenda: Or else, he lied about hiring more lawyers.

    Charles A. Murray did file notices of appearance on behalf of Andy, ASD and Bowdoin/Harris Enterprises April 9.

    http://patrickpretty.com/2009/04/09/breaking-news-andy-bowdoin-hires-new-attorney/

    Murray also filed in May:

    http://patrickpretty.com/2009/05/06/breaking-news-asds-new-attorney-seeks-to-withdraw-bowdoins-pro-se-motion-to-rescind-his-decision-to-submit-to-forfeiture-and-file-anew/

    What’s unclear is why there have been no follow-up filings in almost three months.

    Patrick

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  6. First Step: Patrick and all you Legal Eagles:Wouldn’t it seem that this is a very good first step in the direction of providing partial cash distribution back to members such as the case with 12DailyPro?I know that there is no assurance that the government would elect to take such action (assessment of who would be entitled to what partial compensation), but, with a forfeiture due to lack of response to the show cause, that would remove one big hurdle, wouldn’t it?There are many people who were not instigators of this ponzi, merely caught up in it, especially since it went offline and away from the normal surf player channels.For the sake of those people, I do hope the government chooses to seek remedies that would include criminal prosecution of the perpetrators and insiders and partial compensation for those who had losses and were not part ofthe active promotion of the ponzi.Just my opinion, I could be wrong.FS

    Andy provided a proffer to the government late last year which agreed that he had been operating illegally and did not contest the seizure of his funds….and the funds seized were in his personal accounts. Early this year, he objected. He also hired an attorney. In essence, he threw up a road block in the proceedings by objecting. The expectation was that his newly hired attorney would proceed with filings within the rules of the court and not via pro se filings which, in many instances, don’t conform to the rules of the court.

    The judge has just said “we haven’t heard from your attorney, as expected. You have until August 7th”.

    In my opinion, Andy is just delaying and throwing as many monkey wrenches into the gears as possible. The judge will have to decide how she proceeds. The government may file motions as well.

    Don’t be surprised if Andy and/or his attorney files some motion which has to be ruled on…..on August 7th as Andy has shown no inclination to move forward.

    If the government decides to pay back a portion of the funds to the “innocent” victims, that process has to be made public. Will it include funds from the large promoters? Will they object? How long will that take?

    Personally, I think any distribution is years away and we have months/years of court proceedings ahead of us.

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  7. Alzheimer’s…..

    Andy forgot he has $93 Million on the line…..how in the heck do you “forget” to follow up on your promising filing to show cause with the judge. He said he’d file by May 15, and has filed nothing…..oh yeah, I forgot, these filings were just a diversion so that Andy could stay free longer, hide more assets, and suck a bit more cash out of the sheep he brought to AVG…..

    Judge Collyer has phenomenal patience, but then again maybe this whole thing is her occasional dose of humor.

    admin: What’s unclear is why there have been no follow-up filings in almost three months.Patrick

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  8. Entertained: Alzheimer’s…..Andy forgot he has $93 Million on the line…..how in the heck do you “forget” to follow up on your promising filing to show cause with the judge.He said he’d file by May 15, and has filed nothing…..oh yeah, I forgot, these filings were just a diversion so that Andy could stay free longer, hide more assets, and suck a bit more cash out of the sheep he brought to AVG…..Judge Collyer has phenomenal patience, but then again maybe this whole thing is her occasional dose of humor.

    admin: What’s unclear is why there have been no follow-up filings in almost three months.Patrick

    Percent of global Internet users who visit patrickpretty.com:

    7 day avg 0.00089%
    1 month avg 0.00092%
    3 month avg 0.00102%
    3 month change -7%

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  9. According to compete.com over 5,000 unique visitors a month come to patrickpretty.com for facts and information related to surf ponzis and other nefarious activities.

    I would imagine this number will continue to grow as more and more honest people around the world look to PP as a source of reliable information, free from the spin and censorship exhibited by the AVG and ASDelusionals board.

    http://siteanalytics.compete.com/patrickpretty.com/

    FS

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  10. joe: Percent of global Internet users who visit patrickpretty.com:
    7 day avg 0.00089%
    1 month avg 0.00092%
    3 month avg 0.00102%
    3 month change -7%

    Percent of ASD/AVG promoters/supporters with integrity:

    7 day avg 0.00089%
    1 month avg 0.00092%
    3 month avg 0.00102%
    3 month change -7%

    Remember, joe, you have no credibility here:

    “…You want to know the real truth, I could give a sh*t less if it’s legal or not…”

    – AVGA defender, “joe” on Patrick Pretty’s blog

    http://patrickpretty.com/2009/07/06/is-anybody-home-at-adviewglobal

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  11. Pat Dunn:

    joe: Percent of global Internet users who visit patrickpretty.com:
    7 day avg 0.00089%
    1 month avg 0.00092%
    3 month avg 0.00102%
    3 month change -7%

    Percent of ASD/AVG promoters/supporters with integrity:7 day avg 0.00089%
    1 month avg 0.00092%
    3 month avg 0.00102%
    3 month change -7%Remember, joe, you have no credibility here:“…You want to know the real truth, I could give a sh*t less if it’s legal or not…”- AVGA defender, “joe” on Patrick Pretty’s bloghttp://patrickpretty.com/2009/07/06/is-anybody-home-at-adviewglobal

    LOL. Too funny….but true and sad that so many innocent people get caught up in these scams.

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  12. Pat Dunn:

    joe: Percent of global Internet users who visit patrickpretty.com:
    7 day avg 0.00089%
    1 month avg 0.00092%
    3 month avg 0.00102%
    3 month change -7%

    Percent of ASD/AVG promoters/supporters with integrity:7 day avg 0.00089%
    1 month avg 0.00092%
    3 month avg 0.00102%
    3 month change -7%Remember, joe, you have no credibility here:“…You want to know the real truth, I could give a sh*t less if it’s legal or not…”- AVGA defender, “joe” on Patrick Pretty’s bloghttp://patrickpretty.com/2009/07/06/is-anybody-home-at-adviewglobal

    Doesn’t matter what my credibility is,facts are facts.

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  13. First Step: According to compete.com over 5,000 unique visitors a month come to patrickpretty.com for facts and information related to surf ponzis and othernefarious activities.I would imagine this number will continue to grow as more and more honest people around the world look to PP as a source of reliable information, free from the spin and censorship exhibited by the AVG and ASDelusionals board.http://siteanalytics.compete.com/patrickpretty.com/FS

    Wow

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  14. joe: Percent of global Internet users who visit patrickpretty.com:

    Excellent! Thanks Joe! I class that as an “Irrelevant Distraction”. I just checked my Ponzi Buzzword Bingo card and your submission means that I have a nice diagonal going here. I only need you to accuse Patrick for working for the “evil government” and I think I’m up for a prize. Or you could accuse Patrick of really being involved in some obscure ponzi scheme & I’ve got a nice straight on my other card. Either way, a few grams of IntGold are on my way.

    Posts elsewhere have stated that there is a rented, but empty house/place in Uruguay. I wonder why a place would be rented but left empty? I can’t hep think that it sound like a “safe house”. Something that a fugative from the law would live in. I’m sure it’s totally unrelated that Uncle Andy has not responded to ther the court actions. He’s probably too busy, involved with much more important matters.

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  15. Since you are here joe, please give the scoop on the information coming out of Uruguay that things are not going well in AVGAland. You know, firing all the employees, George & Judy no longer own AVGA, they owe employees money; you know all that fantastic news about AVGA you couldn’t wait to share with all of us that would make us eat our words you promised was coming. Here’s your chance to shine, instead of shining on.

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  16. Lynndel Edgington: Since you are here joe, please give the scoop on the information coming out of Uruguay that things are not going well in AVGAland.You know, firing all the employees, George & Judy no longer own AVGA, they owe employees money; you know all that fantastic news about AVGA you couldn’t wait to share with all of us that would make us eat our words you promised was coming.Here’s your chance to shine, instead of shining on.

    I haven’t heard any of that about Uruguay. As usual complete speculation written as the truth. Probably some useless disgruntled employee that got fired. If it was true I would have heard. they actually brought in some new people as you know so if they let some go I wouldn’t be surprised. The girl from Uruguay that wrote that sounds like some small fry in the office.

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  17. My guess is the problem is the lawyer’s payment, or lack thereof.

    admin: Don,

    Don – with an agenda: Or else, he lied about hiring more lawyers.

    Charles A. Murray did file notices of appearance on behalf of Andy, ASD and Bowdoin/Harris Enterprises April 9.http://patrickpretty.com/2009/04/09/breaking-news-andy-bowdoin-hires-new-attorney/Murray also filed in May:http://patrickpretty.com/2009/05/06/breaking-news-asds-new-attorney-seeks-to-withdraw-bowdoins-pro-se-motion-to-rescind-his-decision-to-submit-to-forfeiture-and-file-anew/ What’s unclear is why there have been no follow-up filings in almost three months.Patrick

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  18. joe: Probably some useless disgruntled employee that got fired.

    Damn! I haven’t got the “Blame an Employee/Corrupt Bank Official/Incompetent Programmer” excuse square. Come on Joe, surely you want to blame the government for the order from the judge? It doesn’t matter which government, Uruguay or USA, just blame the government. Or you could claim Social Security is a ponzi scheme, I haven’t got that square either.

    Gregg Evans: My guess is the problem is the lawyer’s payment, or lack thereof.

    But AVGA has been such a successful venture, with everyone in profit! Surely Andy and/or his family would have made enough money from “page impressions” to pay the lawyer’s fees?

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  19. joe: Doesn’t matter what my credibility is,facts are facts

    Ah, but joe; you are so wrong. Consider:

    â–  Had some hail damage to my roof awhile back;

    â–  A guy came to the door offering to repair the roof;

    â–  He said I risked further damage due to water leakage if it rained before being repaired;

    â–  I asked for references;

    â–  He could provide none.

    Bottom line: His facts were correct, but he had no credibility, so I sent him on his way. That’s one small example of a situation where credibility (or lack thereof) trumps facts.
    _____________________________

    “…You want to know the real truth, I could give a sh*t less if it’s legal or not…”

    – AVGA defender, “joe” on Patrick Pretty’s blog

    http://patrickpretty.com/2009/07/06/is-anybody-home-at-adviewglobal
    _____________________________

    So, joe; I remind you again that you have no credibility here. Your self-declared lack of integrity means that every word you say (or type) must be discounted or ignored.

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  20. Hi Joe,

    Are you still hopeful in AVGA? I’m a concerned member.. The signs on the wall paint a dire picture than your portrait. I do understand that programs do have clitches. But with the new information that Luisa provided depicts shear panic for any AVG member. Sounds like to me they are getting ready to come back to the States….

    Did you invest much in AVGA? I myself have less than 100 invested. I learned my lesson good form ASD!

    Your not Joe shoop are you? If so, how’s it going!

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  21. Pat Dunn:

    joe: Doesn’t matter what my credibility is,facts are facts

    Ah, but joe; you are so wrong. Consider:
    â–  Had some hail damage to my roof awhile back;
    ■ A guy came to the door offering to repair the roof;■ He said I risked further damage due to water leakage if it rained before being repaired;■ I asked for references;■ He could provide none.Bottom line: His facts were correct, but he had no credibility, so I sent him on his way. That’s one small example of a situation where credibility (or lack thereof) trumps facts.
    _____________________________“…You want to know the real truth, I could give a sh*t less if it’s legal or not…”- AVGA defender, “joe” on Patrick Pretty’s bloghttp://patrickpretty.com/2009/07/06/is-anybody-home-at-adviewglobal
    _____________________________So, joe; I remind you again that you have no credibility here. Your self-declared lack of integrity means that every word you say (or type) must be discounted or ignored.

    Facts are still facts. There’s the Alexa rating read it and weep. Saying I don’t have credibility has nothing to do with reality. If you don’t believe those are true go to Alexa but you probably already have. No credibility? Why, because you say so? check it out, pal I don’t need credibility, you don’t have to take my word just go see for yourself and my point was how insignificant this little old biddy tea club is. Natter Natter Natter

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  22. Steve: Hi Joe,Are you still hopeful in AVGA? I’m a concerned member.. The signs on the wall paint a dire picture than your portrait. I do understand that programs do have clitches. But with the new information that Luisa provided depicts shear panic for any AVG member. Sounds like to me they are getting ready to come back to the States….Did you invest much in AVGA? I myself have less than 100 invested. I learned my lesson good form ASD!Your not Joe shoop are you? If so, how’s it going!

    Not Joe Shoop, I don’t even know who that is. I don’t know who Luisa is but she can’t be important to this case or I would know. I don’t know if they will come back or not but I know a lot of things i can’t share here. It’s still a definite possibility. There are a lot of things going on even though they try to paint it like a ghost town on this little blog. Believe me there are too many people that have too much at stake to walk away. I’ve said it before right on here that legal, illegal, Ponzi not Ponzi, it doesn’t have anything to do with whats going on there right now. What it has to do with is completely inept management and I’ll be the first to tell you that. The Harris’s are lousy business people but hopefully they finally have someone to take control who knows what the hell they are doing. I hope so, there is too much money to be made, look at some of the others out there. One in particular where everyone is making great money. It can be done and no one will lose money. One thing I found out here recently is that some of these regular posters on here didn’t even know how the whole pay plan worked even though they wouldn’t admit it but they can bash it to death ignorantly.

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  23. If I had money riding on AVGA this would really make me feel good,

    “The Harris’s are lousy business people but hopefully they finally have someone to take control who knows what the hell they are doing.”

    Wow, let’s all tell the downlines, management sucks but get new ones in anyways. It is all about the money and not whom you might hurt!

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  24. I agree with you about they love to bash…. I think they live for it! lol…. most not all, do love to rip apart a person instead of engaging in adult conversation…. Really makes me wonder about some of them….

    I mean if they are truly trying to help people and warn them about ponzi programs, shouldn’t they be persuasive rather than bad-mouthing, bashing, and belittling others….

    Makes no sense to me, but its a fun ride!

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  25. Cathy G.: If I had money riding on AVGA this would really make me feel good,
    “The Harris’s are lousy business people but hopefully they finally have someone to take control who knows what the hell they are doing.”Wow, let’s all tell the downlines, management sucks but get new ones in anyways.It is all about the money and not whom you might hurt!

    Right, it is about money and more people will be hurt if they don’t bring it back so yes bring in new management. My down line knows everything because I tell them. If mgmt sucks then do something. I say it the way it is, I don’t sugarcoat anything to my people. it’s like “Houston we have a problem” we can die or try, what do you want to do? You don’t see me cheerleading all the time, I’ve said things the way they are in AVGA but that doesn’t mean I want it gone. If it goes “aint nobody gettin nuthin” so all these people you say you’re so concerned with are going to lose. All these people on here that keep talking all their legal crap trying to sound like they have it together don’t have it together on this one. I don’t care if you believe me or not they can’t touch them and even if they could, make sure you put it in your will because maybe your great grand kids will be able to use the money.

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  26. Steve,

    I will be the first to admit that I do not know the exact details of the payout scheme for AVG. I would ask joe to post the exact details, and I’d be happy to do the detailed mathematical analysis. What do you say joe? I’d like nothing better than an adult conversation around the mathematical viability of AVG, but so far joe has not cooperated with details….

    Steve: I agree with you about they love to bash…. I think they live for it! lol…. most not all, do love to rip apart a person instead of engaging in adult conversation…. Really makes me wonder about some of them….I mean if they are truly trying to help people and warn them about ponzi programs, shouldn’t they be persuasive rather than bad-mouthing, bashing, and belittling others….Makes no sense to me, but its a fun ride!

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  27. Entertained,

    I don’t know the details either for the payout of AVG. I am a member but that’s about it. I haven’t surfed on AVGA for months now. In fact, the other night a person I was talking with in my chat room is quiting the surfing on AVG. Stating that the payouts are too small. Literally making a few pennies a day and it’s not worth it.. That particular person has about 500 invested in AVGA.
    You seem to be very rational. I see your postings on the other Forum.

    Nice talking with you Entertained,

    Steve

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  28. Entertained: but so far joe has not cooperated with details….

    but so far joe has not cooperated with details….

    What do you mean? I was never asked. All I was referring to was that you all thought the only way to make money was to bring other people in and they in turn had to bring someone in to make money. I already explained it before you asked just now. You buy page impressions 100 page impressions = 100 dollars. You now have bought advertising which shows in the rotator. what ever the revenue percentage is that day is what you earn based on your 100 dollars. ie 100 x 1% = $1.00 If a person has 5000 PI’s same thing. You can make money without recruiting anybody which is not the idea you all had based on the comments that day. If you do recruit you get referral commissions paid by the company. The comments that day were basically saying that you had to bring in some one to get any money and they had to do the same. It’s all there in the archives but I don’t feel like going thru it. I think you know what I’m talking about anyway. You remember.

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  29. Joe
    I am curious as to why you keep making the statement that if the supposedly facts that are coming out on AGV were factual that you would know about them first.This implies that you must think you have a closer connection to the company and its affairs than any one else has.It would be interesting if you would openly admit what your connection to AVG is.
    Or maybe your the type of person that gets their thrill by keeping the pot stirred up .It seems that you just think it is cute to be on the side that thinks they are mathematical whizzes.That they have UNCOVERED the perfect business for those who have little or no knowledge of how a legitimate successful business is.It is also interesting that several days or weeks ago you signed off of this Blog for good. Short memory there too! HUH!Ad Surf Daily,ASD,Golden Panda,AVG,BizADSplash according to your understanding and connections what will be the next one to set the world on fire.

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  30. Thx joe,

    I do appreciate it. I think my earlier request was buried in another thread in a post. I suspect that the payout algorithm that you describe was as well, but thanks for reposting. I guess I did understand the payout algorithm after all. It is what I used in my previous mathematical analysis. It also shows that you do not need a downline to make money in AVG.

    joe:

    Entertained: but so far joe has not cooperated with details….

    but so far joe has not cooperated with details….What do you mean? I was never asked. All I was referring to was that you all thought the only way to make money was to bring other people in and they in turn had to bring someone in to make money. I already explained it before you asked just now. You buy page impressions 100 page impressions = 100 dollars. You now have bought advertising which shows in the rotator. what ever the revenue percentage is that day is what you earn based on your 100 dollars. ie 100 x 1% = $1.00 If a person has 5000 PI’s same thing. You can make money without recruiting anybody which is not the idea you all had based on the comments that day. If you do recruit you get referral commissions paid by the company. The comments that day were basically saying that you had to bring in some one to get any money and they had to do the same. It’s all there in the archives but I don’t feel like going thru it. I think you know what I’m talking about anyway. You remember.

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  31. Private i: .This implies that you must think you have a closer connection to the company and its affairs than any one else has

    Anyone on this blogette yeah.

    It would be interesting if you would openly admit what your connection to AVG is. I don’t owe you any of that info, you have to remember, I don’t really care if you believe me or not. for someone who calls himself Private I you sure aren’t much of a detective. Hey don’t they also call them Dicks?

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