SPCA Violates Dog Owners Rights

SPCA getting in on the action!!! Why stop now…I’ll tell you why!!! *See below!!!

http://niceorg.wordpress.com/2009/07/07/spca-violates-dog-owners-rights/

SPCA Violates Dog Owners Rights

Posted on 07/07/2009

Cruelty to Pet Owners?

Some Owners Accuse Their SPCA Chapter of Taking Their Pets and Selling Them

Commentary By John Stossel

June 3, 2005 —

SPCAs have an image of being animal rescuers. And there’s no question that the many Societies for the Prevention of Cruelty to Animals around the country do a lot of good work, rushing in to save animals from abusive people.

But some people who’ve had animals taken away by animal rescuers say some SPCAs have acted like petty tyrants on power trips. They say they use their police powers to take away people’s animals, even when the animals don’t need rescuing.

I found that hard to believe, but lots of people have been saying that their local SPCA has wrecked their lives.

We spent a year investigating the SPCA, looking at 50 cases from New York to California. Many people think that SPCAs have a national headquarters, but SPCAs are really separate, independent operations located in towns across the country. Some animal owners claimed that when they became overextended in caring for their animals, an SPCA accused them of neglect, confiscated their animals and sold them.

The SPCAs then keep the money. [AT TAXPAYER EXPENSE]

‘Equine Shopping Mall’

One case we followed involved a New Jersey SPCA office accusing horse owner Joe Stuebing of starving his animals.

He said the horses had lost weight simply because they were sick and he was overwhelmed. But a local SPCA filed charge after charge against him for what it said was inhumane treatment. Then they took custody of his horses, some of which were champion bloodlines valued together at almost $1 million.

Stuebing says that the day after the SPCA took custody of his horses at Stuebing’s own barn, they invited people to his farm to take his horses out from under him. “This was like an equine shopping mall. Like it was ripe for the pickings,” Stuebing told “20/20.”

“They are a self-righteous group of people that are in it for money,” said Stuebing. “They don’t care about the horses. They don’t care about anything else, except money.”

That’s a charge we heard repeatedly from people who lost animals.

Sometimes the owners hire lawyers and file appeals, but they rarely win. Judges usually side with the SPCAs. After all, the animal rescuers are the experts, aren’t they?

SPCA Leader Crafts Media Image

Dave Garcia has confiscated thousands of animals in several states. He heads rescue operations for the Dallas SPCA, one of the biggest such organizations in America.

You get a sense of how important he considers his work when you listen to his opinion about the kind of people who abuse animals.

“If they beat a dog to death, then it’s just a step up to beat a co-worker, or beat a classmate or and then a step up to & kill someone and then a step up to do a mass murder,” Garcia told “20/20.”

On local television, Garcia is often portrayed as a savior rescuing animals. And he has saved a lot of animals from abusive people.

“I should not have to warn someone to take care of their animals,” said Garcia. “If they’re here to make money with them, then take care of them.”

Garcia led an effort to get Texas politicians to pass a law saying once a Justice of the Peace approves one of the SPCA’s confiscations, an owner can’t do anything about it.

Under Garcia’s leadership, the Dallas SPCA has seen penalties against animal owners quadruple.

The SPCA invites television crews along on their raids confiscating animals. Such broadcasts spur the public to make big donations — a total of $6 million in 2003 to the Dallas SPCA — which helps pay Garcia’s $80,000 annual salary.

One of those raids occurred at Renee Moore’s dog kennel, with TV reporters stating 120 dogs lived in deplorable conditions.

But Moore’s dogs are show dogs. Some of them were thin, she said, because they were nursing large litters of puppies. Vets and breeders told us it can be normal for a dog’s ribs to show when a dog is nursing lots of puppies.

But the SPCA took custody of all of Renee’s dogs, including award-winners — worth up to $600 each. After the radio, her vet wrote that while “housing and sanitation needed improvement” and suggested a cutback in the number of animals, he also said “Moore does care about and care for her animals no starvation was evident.” A judge upheld the confiscation.

Unable to afford a lawyer, Renee wrote her own lawsuit charging the SPCA with stealing, but the suit was dismissed. Renee’s livelihood was destroyed. She and her husband were forced to sell their home and move into a trailer.

“I would like to see them punished for what they’ve done,” said Moore. “And they humiliated me on TV and I’d like them to apologize to me on TV.”

’20/20′ Follows Garcia on a Raid

All this made us want to see firsthand how Garcia works. So we asked and received permission to go along on an SPCA raid.

Garcia didn’t know that our cameraman was a veterinarian, Dr. Gaylon TeSlaa.

Early one morning last September, “20/20″ accompanied Garcia as he went with a police officer to a Justice of the Peace to get the warrant needed to raid a dog kennel.

He claimed the owner didn’t provide adequate food, water and shelter, and showed photos of what he said were filthy kennels.

After a brief informal hearing, Garcia got permission to raid, which meant he and an armed police officer could go to the kennel without any warning.

Garcia told us to expect to see animals that were urine soaked and fecal stained. “20/20″ didn’t see that.

TeSlaa said, while there was some neglect because the owner had been away for four days, it was correctable. Since her being away was an unusual event, and she says she’d returned each night to feed her animals he saw no cruelty and certainly no reason to confiscate the dogs. But Garcia saw cruelty and said the dogs needed to be saved.

“Under Texas state law, these animals have been cruelly treated. The definition of cruelly treated is having to live in your own feces, unsanitary conditions, no food or water,” said Garcia.

But when people keep animals, there’s routinely feces found in the cages. “That’s part of having an animal,” said TeSlaa.

Moments after the SPCA finished collecting the dogs, the owner arrived. Pam Chennault said she couldn’t believe her dogs were being taken, including her favorite, Gidget.

Despite her protests, she was given an immediate court date and was not allowed to go to the van that held Gidget and her other dogs.

“She was my very first dog,” Chennault said while crying.

Challenging the Raid

After raiding her kennel, Garcia took the dogs to the SPCA where the workers cited problems like fleas and mange.

Not that the technicians are experts. In fact, our vet was the only veterinarian in sight. “These pets were not abused. They were not in poor health. None of them were in life-threatening conditions,” said TeSlaa.

When I mentioned there was no vet there during the raid, Garcia replied: “We had vets there.”

But he didn’t. The Texas SPCA later e-mailed us admitting that it didn’t, but said in this case that vets weren’t needed.

Chennault hired a lawyer and tried to get her animals back, but the court gave her only two hours to prepare her case. She was advised to settle and give her dogs to the SPCA. She did. Most of the dogs were adopted, a few were put to sleep. We don’t know what happened to Gidget.

When I told Garcia that our vet didn’t think the animals should have been taken, he said, “The judge did.”

But the judge permitted the raid because of the data Garcia brought to them. I suggested that he “spins” the evidence. “No, I don’t spin them,” said Garcia. “The judge looks at the facts. Looks at the probable cause, and the judge makes the decision.”

I asked him about the claim that he steals people’s animals.

“No, I’m not stealing no one’s animals,” said Garcia.

He said he dismisses most complaints without any confiscation. Garcia said, “It’s about the welfare of an animal.”

Tell that to the 50 people we talked to who lost animals to Garcia and other SPCAs.

Joe Stuebing is fortunate that he doesn’t keep his horses in Texas, where he would be under the thumb of the Texas no-appeal rule Garcia lobbied for. After a court ruled the SPCA could take his animals, he appealed, and won, because his farm was raided without a warrant. The SPCA still says he was abusing his horses, but today he has his horses back.

In Texas, Moore could not appeal, and she said she’ll never get over what Garcia and the SPCA did to her.

“I was a dog breeder. I was a dog shower,” said Moore. “My dogs were my life.”

Remember, when considering donations: each SPCA is separately run. Also, the ASPCA is a different organization.

_________________________________

Animal Cruelty in Texas is a Class A misdemeanor-The Justice of the Peace Court is not allowed to hear Class A misdemeanor charges or cases valued over $10,000.00. Your rights are protected by both the US and state constitution…I believe the Texas Health and Safety Code is unconstitutional!!! They now allow appeal but grant that authority to the county Court Court at Law…seriously, if it’s not a judge that is a licensed by the state of Texas I simply protest it and stake my claim that it is totally unconstitutional!!! Including their blanket unconstitutional warrants…Texas Health and Safety Code 821 refers to “an” animal, singular and “the” animal, singular …How many people have to be abused by this law before they stop stealing “all animals alive, dead and unborn”??? Search warrants are to be specific-it’s a criminal procedure-What right do they have to give away a single animal without a criminal trial with the accused as guilty and how many times are owners set up to take a fall before some people start to ‘get it’ as they go thru their court files trying to figure out exactly how they got away with it!!!??

The Texas Constitution is quite clear about protecting it’s citizens rights, Texas Bill of Rights-Article 1 Section 19… “No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.”

“Texas imposes fewer requirements of a Justice of the Peace than are required as qualifications required of other judges, such as membership in good standing in Texas’ mandatory bar for practicing attorneys. A Justice of the Peace does not conduct proceedings of record, and most appeals are to a trial de novo in the County Court at Law.” note: County Court at Law and if none exists (3 counties in Texas do not have a County Court at Law) then the case would go to a District Court.

“Justice of the Peace Courts have original jurisdiction in Class C misdemeanor criminal cases, which are less serious minor offenses. These courts also have jurisdiction of minor civil matters.  A justice of the peace may issue search or arrest warrants, and may serve as the coroner in counties where there is no provision for a medical examiner. These courts also function as small claims courts.”

note-No law or statute can be above the guarantees of the US and state Constitution. 

Have you been abused by the Texas Health and Safety Code 821 Statute?!? -I want to hear from you- Your privacy protected!!!

**Disclaimer connected to this blog…Things said are of MY opinion and the opinion of others  -Hear me ROAR!!!  -B

 

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~ by topcatsroar on February 12, 2013.

11 Responses to “SPCA Violates Dog Owners Rights”

  1. […] Have you checked into the background of your neighborhood ‘dog catcher’,  (lying bastard ruining peoples lives and trusted by your local sheriff or police department) humane society, or local shelter workers…It’s definitely worth looking into the backgrounds of anyone who is set out to ruin lives of law abiding animal owners!!!  I must assume this to be true and factual because David Garcia did seem to vanish…I never knew why…[ precious post: https://topcatsroar.wordpress.com/2013/02/12/spca-violates-dog-owners-rights/ ] […]

  2. Do you have any idea where Dave Garcia is today? I’m researching info on him and others that have committed animal enterprise terrorism against people and want to follow up on where he is and what he’s doing after he was found to have warrants and convictions in his past before he was with Dallas SPCA. Thank you for any info.

    • I have tried doing the same search…I come up with a dead end…One thing is clear thou-Texas ‘lawmakers’ (I use that term loosely) bought his crap and the cruelty law that Garcia helped create is still on the books in TX where it continues to do harm to TX citizens. That law needs to be repealed-Penal Codes were created for REAL crime and convictions…The cruelty law was created and designed by AR Extremists/Terrorists and does nothing to stop animal abuse. It allows the theft of animals period. -B

      • Yep, we found out the hard way about animal enterprise terrorism and other things because we are a legitimate 501c3 who was viciously attacked by a non-legitimate “rescue” who are simply horse traders, scammers, etc.
        Too bad for them however that I’ve been a professional in the horse industry for over 40 years, and also come from a family of rescuers and people who will go forward to correct injustice’s, so I’m documenting their “textbook” progression in their “rescue” con-game, and watching how they manipulate the naïve and ignorant people in the horse world and in he general public who most often really do want to help and are ripe for the picking by liars, manipulators and con-artists running scams…….
        The one thing I hadn’t done was public horse rescue, which I finally did for various reasons besides facilitating the rescue of nearly 400 slaughter-bound horses into private homes over a period of 10 months, and then we were attacked, had to hire an attorney, etc.
        I’m researching stuff for our lawsuit we will be filing at a later date (we have thousands of pages of documentation of libel, harassment, threats (some from people with federal agencies under phony names that we caught on to), attempted extortion, fund raising fraud, vet reports, receipts, cancelled checks showing we weren’t scamming, etc), and also for the book that we are writing to get our story out there, and also to alert the public that it COULD happen to them too if they have something these greedy, scamming jackasses want and/or if they have animals that are great for pulling in the “sympathy donations” even though many of those types of animals are killed (and I can’t even count the number of times I hear these “rescues” say “it’s with a heavy heart we have to announce that so-and-so was sent to The Rainbow Bridge”, when chances are if it was a horse, they were back-doored to a kill buyer or feedlot and they went to slaughter, or the horse was taken to a wild animal sanctuary and were shot and fed to the wolves, big cats, etc) once the donations are squeezed dry from people and the animal does not serve any purpose anymore.
        The book will also give people some information regarding what they can do, what to do if they are attacked, what not to do, and also ideas on forming watchdog groups to force some change with education on this issue through legislation to protect animal owners of all kinds from these grifters. We’ll have more clout at the legislative level with more people on board.

        Here’s a very interesting link to a press release from Dr. Henneke, the inventor of the body condition scoring system for horses that so many seizure-scam “rescues” mis-use, before he passed away. He totally knew what was going on and was disappointed and upset about it:

        http://www.chronofhorse.com/forum/showthread.php?347689-Dr-Henneke-issues-a-new

        Thank you for your response, and if you find out more information on Dave Garcia, or anyone else that is a scammer who has no regard for the animals and is only in it for the money, accolades, power over other people, etc, please let me know.

        I do think we can expose this racket, but like-minded people need to get on the same page, build our numbers, and have people that are skilled and experienced in various areas in order to make changes. Thanks again…..
        [Bloggers note: Anyone wishing to make contact with her should do so by commenting…I will send your response to her to respect her privacy -All comments are moderated. -B]

      • I am so sorry to hear that yet another unlawful and unconstitutional animal seizure. Please share any info on Garcia that you find…I want the public to know more about how their tax dollars are being used to fund and support the unlawful taking of property, destruction of owners lives and how it effects everyone nationwide!!! All done with no regard to constitutional rights of ownership influenced by a con artist under the guise of rescue to create animal cruelty civil action that has nothing to do with any REAL crime-Won’t stop crime-or animal abuse. -B

      • No, our animals were not seized because we hired an attorney (expensive, but we were able to do it because we are not a donation-based rescue and are primarily self-funded because we actually work hard for a living; IOW, rescue is not our job we live off of, so we are not “welfare rescuers” scamming donors and others like so many horse rescues are) immediately, our attackers tried to extort horses out of us first, I am the one who called in animal control and opened an investigation, animal control said everything was fine when they were here, and issued a press release that we are a rescue taking care of horses and dogs with issues of illness, disease, chronic issues (we usually don’t have any horses or dogs for adoption because we take in the animals no one, not even other rescues, will take in), but then the con artists went public (created “social media madness”; and a lot of people don’t know that what happened back in the Salem Witch Trial days was actually dubbed “social madness”, so I thought it was fitting to add the “media” because this scam is pretty much the same as what happened back then but without the media…..and it wasn’t until wealthy, people in high-standing were accused of being witches that the governor stopped the whole thing, and did pardon everyone that had been accused of being witches both alive, and also those who had been killed….the moral of the story is we need these scammers to try and go after Oprah, Bill Gates, etc, and THEN the whole “seizure scam”-thing would blow wide open…lol)) because they were ticked-off I called animal control, and our local politicians went into defense-mode to prove they were doing something about “the issue” that wasn’t an issue until the con artists made it an issue with the ignorant people in the public who don’t think it could happen to them if they had a sick or old dog or horse that doesn’t perhaps look so good, but have other animals these scammers want…..it can happen to nearly anyone, so the information needs to get out there of what to do if it does happen to you.

        So we still have all of our animals, including the 8 nice adoptable horses offered in writing to our attackers before they went ballistic (that went a ways toward proving to officials that that our attackers weren’t really concerned about our horses in the least when they wouldn’t take any of them when they were offered, and it was obvious they were only interested in coming in and “cherry picking” the ones THEY wanted), and they are running their horse trading business under the guise of “rescue” in CA with naïve, and foolish people who donate money to them.
        They did also accomplish a seizure in Riverside, CA utilizing Riverside animal control which they pulled in thousands in donation money on, and now have one of those seized horses up for “adoption” for $1500!

        So our experience was somewhat different than others because I’ve been in the horse industry as a professional for nearly 40 years, I used my experience with horse husbandry to defend ourselves, and now am trying to go forward with a book to clue people in to exactly what is happening to people in epidemic proportions in the United states, and sadly, around he world too…..any ghost writers out there that can help me write this book so we can get the information out there ASAP?

      • Seems to me I am familiar with this…All animals are cherry picked-not just the horses…All my house cats were killed by a vet with no permission from the judge or us and not a single medical test taken…Staked a claim to an actual curable illness and said it had to be done-HA! She killed the family dog and didn’t so much as show any remorse for anything she did to those animals…KILLED my mini horse with no husbandry skills to even care for her specialty-dogs…Comfort is knowing her vet clinic (Jefferson Veterinary Clinic) is shut down and has to work as a ‘relief vet’. Get this, I’m not sure anyone even wans this bitch for that!!! I imagine she thought (if capable of thought) that she would become ‘the great rescuer’. You might say it sort of backfired…Her big dream BUSTED, she will likely have to settle on a low cost S/N clinic for the humane society that is in an extremely small county in Texas (Marion County -one of the smallest in Texas) -Big Woop-She destroyed her own dream with visions of grandeur…
        I can not wait to get her testimony!!! Will certainly be a well deserved payback to finally get her in front of a jury in Federal Court and expose her!!! She knows I know-So does her attorney (If he’s still on board…) Already on public record and includes the evidence of it!!! Do the CRIME-Do the TIME!!! It won’t be ‘Kangaroo Court’ this time And after all, it’s not an animal cruelty case…Oh no…It’s about the illegal actions against US and Texas citizens and the mistreatment of animals…The Appellate Court won’t let this one go-no way, I am certain of it!!! Not a state court (Marion County District Court) brushing off the real issues that allows criminals to get away with their illegal actions to safe guard the county!!!
        Sorry for the rant-4 year anniversary since I last saw my animals and the destruction of our lives began… -B

      • THAT is tragic what happened to you and your animals perpetrated on your family by greedy, heartless sociopaths who do NOT care about animals in the least, and simply wish to put their names on-the-map as being “the great rescuers”, make money, and have people tell them all the time how “wonderful” they are, when they are not.

        Here is an article with a link to one of your posts that I will be posting when the time is right.
        We too have an air-tight case against our attackers (about 12-15 people), and when we have a break from our work, we’re going to speak to our attorney about working on a contingency basis going forward, otherwise, there are several attorneys who will work on defamation cases on a contingency basis when they are cases they cannot lose:

        https://topcatsroar.wordpress.com/2013/10/30/action-alert-from-lady-liberty-and-animal-owners-for-justice/

        The above link describes what the FBI calls “Animal Enterprise Terrorism” (and there are a few variations of it) and because some unethical people who happen to be hiding behind the guise of being “rescues” (not for much longer though because more and more real rescuers are plain tired of their crap – and this is what is so crazy about the players cult-like following; do these “rose-colored-glasses” aka “social rescuers” seriously think we all couldn’t have our fulltime job be “animal rescue” if we were willing to be unethical, break the law, manipulate people, beg for donations all the time, do staged photo-op’s, etc?
        Of course we could, and most of us would love not having to work at “real jobs” to support ourselves and our animals, and instead could spend our days simply hanging out with the animals we’ve chosen to rescue.
        However, we know many true rescuers that would never be unethical, dishonest, manipulators putting “spins” on what we’re doing to go that route, and also couldn’t live off of other peoples hard-earned donation money that they generally do work real jobs to earn….some people are really like sheep, thus the word “sheeple” used in conjunction with them, and the fact that MANY animals are dying because real rescues won’t rescue the unadoptable, ill, old, lame, chronic issue animals for fear of being attacked by unethical “animal traders” who sell the animals they seize and/or pull in thousands in “sympathy donations” illegally – not for much longer on that either according to the IRS agent we spoke to because when “rescues” use the term “fair market value” to describe their too high “adoption fees”, it’s obvious to anyone that either has been in the horse and/or dog industry- because there are people who “trade” in dogs too – for any length of time in a serious way and/or that really researches rescuing, that that IS a horse broker/horse trader term, and NOT a term used in real NOT-FOR-PROFIT rescue, and is usually used by people who are horse traders hiding behind the guise of being a “rescue” whereby they do NOT usually have “real jobs” outside of rescue either), so for people that are true rescuers and dare to be educated and enlightened regarding the “rescue rackets” being run, perhaps they will get the word out and we can keep the scammers running “for-profit” “rescue rackets” from taking all rescues down with them in terms of more and more people not trusting rescues because of this crap.

        Or, people can be just like the many commenters who appear to participate in animal rescue as a “social club” outlet – and that is why so many “rescuers” are women; men do NOT like to engage in “social club rescue” because it’s gossipy, catty, and nasty a lot of the time) where they can interact with their “friends” (other sheeple and cult members), but sadly, they ARE also culpable when their “rescue/s of choice” “put down” (kill) horses and other animals even though they are healthy or reasonably healthy, and just because they are not “money-makers”.

        Many of us who rescue and provide sanctuary to the “unwanted’s” wonder if there are people really so ignorant that they believe that animals don’t ever grow old and frail, that they never get sick, that they never go lame, that they never have chronic issues not bad enough that they should be “put down” because they are still enjoying their lives, and that they perhaps will not look so good for a period of time, and maybe in fact, will never look great again?

        If so, then the world is in trouble with this kind of ignorance out there, and we’d be really worried if it was someone with this attitudes parent, grand-parent, spouse, etc because they probably couldn’t, and wouldn’t want to, handle the emotional aspects of dealing with “issues” that aren’t always real pretty, or “fixable” for that matter, and would most likely shuttle their “loved one” away in “a home” rather than look at them and/or take care of them as they declined in condition even though they still wanting to live.
        And if not, then perhaps the reality is that these “sheeple-people” are simply too shallow and “into” the social aspects of “country club” or “social-club” rescue where you interact with your friends and talk about what wonderful rescuers you are (?), and they cannot be bothered to use some brain-power and think about these kinds of animals existing that no one wants even though their rescue-of-choice won’t bother with them because they are never going to be money makers for those who devote their lives, and often are “self-funding” and don’t get in much, if any, donation money, to taking care of them for however many weeks, months, or years it takes for them to be ready to go to The Rainbow Bridge.

        In closing, we have already extended an invitation to several donation-based smaller rescues who tend to attack other rescues that take in the unwanted animals who often aren’t so pretty, and who are also self-funded (don’t rely on donation money in order to rescue and instead work in real jobs outside of rescue) to meet with us with an impartial CPA arbitrator to go over our rescue financials and then post the results publically so people can see who they are donating to…..so far, no response from ANY of them, so we continue to wait on that.

        Another idea would be for the donation-based “rescues” who have been “rescuing” for several years on a VERY small scale, but who had a “rescue changing event” they orchestrated, put their name “on the map”, it brought out all the “social rescuers” (these are people who don’t rescue by themselves, and instead treat “rescue” as a social experience and pay others to do “the heavy lifting” of animal rescue, but only when those people are their “friends”….in other words, they are mentally stuck in junior high, or maybe high school, and are unwilling and/or un-able to think and do for themselves……kind of like “The Real Housewives of Animal Rescue”….LOL) and they are now thriving, buying and selling horses, doing “seizures” in conjunction with animal controls, “putting down horses” who they aren’t willing to maintain after they’ve “sorted” them and found out they have issues, etc, to STOP taking in donations, investor money, hand-outs off of Craigslist ads they post like one rescuer has done before, etc for a period of 4 months.

  3. The rest of the article posted above:

    It would be very interesting to see if they would still be thriving and rescuing if they had to “self-fund” their rescue efforts instead of living off of donations, and “working in rescue as their “job”.
    Oh, and this is not a challenge directed at established rescues, whether self-funded and/or donation based, because established rescues in operation for years have probably paid their dues of hard work, many people involved as primary people still work real jobs, or perhaps were only able to give up their real jobs after hard work built them a following, etc.
    No, this is for the “rescues” who went from “tapped-out” one month, to thriving within a matter of just a few months……and there was also an “event” that “put their name on the map”, and that is easily traceable in a graph on Facebook for instance.

    We doubt we’ll get any better response to that challenge than we did to the other one, but it never hurts to ask, and perhaps it will also get some of the “sheeple-people” to start thinking for themselves and perhaps become honest-to-goodness real rescuers wanting to rescue ALL animals, even the ones with issues.

  4. There are people that are making a difference. http://www.thecavalrygroup.com/

    • YES!!! I know and just posting about them once again…Thank you for saying and helping to spread the word!!! -B

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