Friday, May 1, 2015 Lou Pena: Questions and an Attempt at Answers By Bill Finley It's been a tough week for trainer Lou Pena, who, on Monday was hit with a proverbial sledgehammer by the New York Gaming Commission. In a case that g oes all the way back to 2012 and has gone back and forth in the courts, the Gaming Commission finally issued a ruling against Pena for 1,717 alleged equine drug violations. (The violations were the result not of positive tests but of findings that came from Pena's vet records). Pena was suspended for three Following ruling by New York Gaming Commission, Lou Pena’s years and fined $343,000. future is in doubt How this all unfolds is far from certain. These are some of the questions that still remain concerning Pena and what his future on the racetrack might be. Q: Good lawyers find ways to delay, if not overturn, suspensions and penalties. Is Pena already shut down? A: Yes and no. Anticipating that his client would get hammered by the Gaming Commission, attorney Andrew Turro, a partner in the firm of Meyer, Suozzi, English & Klein, set the wheels in motion for appeals in the court system before the ruling was issued. Having done that, Turro got the Gaming Commission to agree to put Pena's suspension on hold until more is heard from the courts. It could take at least a month or more before the suspension actually goes into effect. But during that time there remains the question of where Pena can race his horses. Already barred at the Meadowlands and Yonkers, his main base of operation this year has been Pocono Downs. Upon the Gaming Commission ruling, Pocono stopped accepting entries from Pena. So has Harrah’s Philadelphia. Pena has a horse entered at Philly today, but that entry would have been made prior to the Gaming Commission ruling. If no one will allow Pena to race, it really doesn't matter what the status of his license is. Q) So, is he finished...or at least out of the game for three years? A) Not necessarily. Turro still has a couple of avenues where he can fight the Gaming Commission's ruling and says he will do everything within his power to get Pena vindicated. There's always been the question out there as to whether or not the Gaming Commission's long delay in issuing a ruling on the Pena matter violated the trainer's due process rights. One court said yes. An appellate court said no. Turro will appeal the latter ruling and hope that the next court will throw out the Gaming Commission's ruling based on the argument that Pena's rights were indeed violated. In a separate action, Turro will attempt to go before the courts and argue that the penalties against his client were based on, well, bogus evidence. None of the horses involved ever failed a drug test. W hy? That remains the primary question the Gaming Commission has never really satisfactorily answered. Q) Supposing Pena's legal team doesn't prevail. Can he simply serve his three years and return? A) Again, not necessarily. First off, all he can do after the three-year period is reapply for a license. The Gaming Commission does not have to accept the application, though maybe some other state would give him a license. Another problem for Pena is the size of the fine. That's a lot of money. Can he come up with it or would it even be worth it to him to fork over that much money rather than simply find a new line of work? After all, he'd have to earn $6.8 million in purse money upon his return simply to get back to even. The fine, which would have to be paid before he can (continued on next page) $50,000 pick 4 average pool RACES 1-4 LOW TAKEOUT OF 15% 50¢ MINIMUM LIVE RACING FRI & SAT 7:15 PM / may 2 special EARLY post time 5:30 PM / PLAYMEADOWLANDS.COM HarnessRacingUpdate.com • 5/1/15 PAGE 2 of 6 be re-licensed, appears to be a far bigger problem for Pena than the suspension and could be what keeps him off the racetrack forever. Q) That's a lot of money. W hy was the Gaming Commission so heavy handed when it came to the fine? A) It based the fine on the number of violations. Do the math, $200 per violation x 1717 violations = $343,000. Actually, it could have been worse. The Gaming Commission's standard fine for a positive test is $500. That means they could have fined him $858,000. Limiting the fine to "just" $200 per violation may be a legal strategy. A person's due process rights may be violated if a ruling "shocks the conscious," a legal term that basically means the punishment is way out of line with the crime. By fining Pena less than $500 per violation they may have taken away a possible argument from his lawyer that the penalty was so far out of line that it violated the trainer's rights. Foiled Again Undergoes Minor Surgery, Burke Thinks He Has Problems Solved Foiled Again’s recent form has not been good as he has started his 11-year-old year off with four straight losses, but trainer Ron Burke believes he has discovered and fixed what has been ailing the veteran pacer. “I did surgery on him W ednesday,” the trainer said. “He was just entrapped. It's no big deal. I’ve done this surgery on a Ron Burke expects Tuesday and raced on a Friday. Foiled Again to I’m not going to do that with him. I bounce right back think it will be two weeks off, two after minor surgery weeks back. “That's what's been wrong with him. I thought I could fix it other ways and finally I just sent him to the guy who I think is the best in the world when it comes to this kind of surgery. He said 1000% this was what was wrong. He asked me ‘How on Earth was this horse pacing in 50 with this problem?’ He think it's over, it’s all solved. He'll be 100 percent and that was absolutely what was wrong with him. He'll have a couple weeks off and that’s it. I’m not worried about this at all.” Burke said he will not have Foiled Again back in time for the Molson at W estern Fair, which he had hoped originally hoed would be his next race. Foiled Again is coming off one of the worst races of his life, finishing fifth out of six in an overnight at Pocono. Udall, Pitts Introduce Bill to End Interstate Horserace Wagering Press Release from Senator Tom Udall Bipartisan legislation will encourage racetracks to end widespread doping & cheating WASHINGTON – Ahead of Saturday’s Kentucky Derby, U.S. Senator Tom Udall (D-N.M.) and U.S. Representative Joe Pitts (R-Pa.) today introduced legislation to eliminate most wagering on horseracing, encouraging the sport to end If Senator Tom Udall has his doping and crack down on way, simulcast wagering cheaters. Horseracing is the could become a thing of the only sport specially permitted past by federal law to offer online gambling and interstate betting, yet widespread corruption has stained the industry. Chronic abuse of performance-enhancing drugs is commonplace in horseracing. Almost every horse is given race-day medication — banned in other countries — and no uniform medication rules or doping penalties exist. As the New York Times reported in 2012, doping undermines the safety and viability of the sport, and 24 horses die each week from racing injuries — an alarming fatality rate likely HarnessRacingUpdate.com • 5/1/15 PAGE 3 of 6 caused by the misuse of permitted medication and abuse of illegal drugs. Udall and Pitts have previously introduced legislation to cleanup the sport. This new approach takes their bipartisan push to the next level by repealing the Interstate Horseracing Act of 1978, which permits “off-track” and online wagering. Today about 90 percent of the $11 billion wagered on horseracing comes from this type of betting in the 38 states that permit it. “Out of sight of the spectators in the grandstand, 19 of the 20 horses competing in this year’s Kentucky Derby will be injected shortly before post time,” Udall said. “In 2010, a drug cartel leader allegedly fixed the world’s most celebrated Quarter horse race by paying a $110,000 bribe, according to witness testimony in a federal trial. A harness trainer racked up more than 1,700 medication violations — and no one caught giving racehorses dermorphin, a painkiller forty times more powerful than morphine, has been permanently kicked out of the sport. New Mexico racetracks have some of the highest rates of horse fatalities and injuries, yet the state pays roughly $50 million of taxpayer money into purse prizes each year. The stories go on, but the industry does little in response to scandal after scandal. It’s time to crack down on corruption by ending horseracing's sweetheart gambling privileges. W e must stop the abuse and restore integrity to this once-dignified sport.” “Horseracing is the Sport of Kings. Unfortunately, however, it’s plagued by too many unscrupulous trainers, owners, veterinarians and other race track officials who race sickened or injured horses, pumping them full of painkillers or other performance enhancing drugs in order to try to win at all costs,” Pitts said. “Despite years of promises of reform, horseracing groups have been unable to come together to develop uniform rules that protect both horses and the integrity of the sport. This legislation will end a federal exception for gambling on horseracing. Since 2008, over 7,000 race horses have died on America’s racetracks. It’s past time to put measures in place that protect racehorses from abuse at the track.” The bills are named after racehorses who were given drugs to race and were euthanized on the track. Udall named the Senate bill after Teller All Gone, a two-year-old Quarter horse who fell after the wire at a race in New Mexico. Pitts named the House bill after Coronado Heights, a four-year-old Thoroughbred who died racing after receiving a diagnosis of early degenerative joint disease. Spring Mixed Sale Closes Monday The entry deadline for the Meadowlands Spring Mixed Sale, featuring 2-year-olds in training as well as racehorses, has been extended to Monday, May 4, according to sale manager David Reid. After that time, only supplemental entries will be accepted. The sale will be held Sunday, May 31 in the race paddock at the Meadowlands. A special training session for the 2-year-olds that are entered will be held the weekend of the sale. Many owners with quality racehorses have a hard time parting with them when purses are high and race meets are opening everywhere, as they are now. But, according to Reid, that’s what makes this the perfect time to sell. “Right now, owners and trainers are scrambling for racehorses, and I would expect that those willing to flip a horse for profit are going to be rewarded by selling,” Reid said. “The same applies to 2-year-olds. It’s my hope that people with promising 2-year-olds begin to realize there’s a great market out there for them… buyers who are really willing to step up to the plate.” Those wishing to enter the Spring Mixed with either a 2-year-old or older racehorse can call the sale office at (914) 773-7777 or enter their horses online at www.tattersallsredmile.com. Stars Will Be Out This Morning at the Meadowlands in Qualifiers A Horse of the Year, a former Hambletonian winner and, perhaps, a future Hambletonian winner, are among the big names that will head to the Meadowlands this morning for qualifiers. 2014 two-year-old male trotting champ Pinkman and 2014 2-year-old filly trotting champ Mission Brief are both on the card and could meet in the Hambletonian. The morning festivities will also include the first qualifier of the year for 2014 Horse of the Year JK She’salady. Others of note set to qualify include 2012 Hambletonian winner Market Share, In The Arsenal, JK Endofanera, French Laundry and Dan Patch Award winner Father Patrick. BUFFET $49.95 TROTTERS MEMBER PRICE: $44.95 BUFFET BEGINS 4:30 P.M. SPACE IS LIMITED. PLEASE CALL MARIANNE ROTELLA AT 201-842-5059 FOR RESERVATIONS. Price includes kentucky derby simulcast program. Price does not include tax & gratuity. STARTERS beginning 4:30 p.m. creamy sweet corn soup assorted bread basket with extra virgin olive oil, and sea salt butter homemade corn bread honey jalapeño butter marinated green bean & tomato salad potato salad spring market salad avocado toasts with fried green tomato and remoulade ENTRÉES & SIDES beginning 6:00 p.m. carving station: fire roasted prime NY strip red eye gravy cider glazed pork loin roasted apple, fresh herbs, natural jus blackened tuna grilled corn and tomato relish, citrus bbq chicken with house bbq sauce homestyle mac and cheese slow cooked greens garlicky southern style green beans & tomato DESSERT seasonal specialties of arcade bakery derby pie sliced fruit crème brûlée hand-dipped chocolate strawberries, pretzels, & pineapple fresh-baked cookies *sugar free desserts available 35 +$ BOXING NIGHT SNACK BUFFET TROTTERS MEMBER PRICE: $30 beginning 10:00 p.m. includes fight broadcast HOT: pulled pork, chicken wings (soy-ginger glaze & buffalo style), pigs in a blanket, burger sliders COLD: cheese & charcuterie display with crackers, crudités with buttermilk poppy vinaigrette, assorted bruschetta HarnessRacingUpdate.com • 5/1/15 PAGE 4 of 6 Early Start for Derby Day Card at the Meadowlands EAST RUTHERFORD, NJ - Kentucky Derby Day on Saturday, May 2 is clearly at the top of the horse racing calendar, one of the busiest and most entertaining events of the entire year at all racetracks. The Meadowlands will use the occasion to kick off the 2015 Championship Meet promising a full slate of racing and activities to keep the fans entertained well into the night. A new wrinkle this year is the early start with the first live race scheduled at 5:30pm to accommodate the appetite of what is expected to be a capacity crowd as they anticipate the Derby. Live racing will break for the running of the Derby which is listed to be approximately 6:24pm, then resume around 7:00. A brand new wager will be unveiled to celebrate the early start. Christened 4 in 40 minutes, the bet is a Pick 4 that incorporates two live Meadowlands races with two from Tioga Downs featuring a race every ten minutes. On the racetrack the $47,124 Albatross, a division of the John F. Simpson Memorial stakes for three-year-old colt pacers, continues the Grand Circuit push into the month of May. The race marks the return of unbeaten W inter Series sensation W iggle It Jiggleit who has had a bit of a freshening in anticipation of his ascension into the top ranks for his division. W iggle It Jiggleit seared through his winter assignments, taking a leg of the Sonsam series in 1:49.4 before demoralizing a solid group of sophomores in his Buddy Gilmour sweep. Owner George Teague, Jr and trainer Clyde Francis have conspired to map out a summer schedule that includes stops at all the major races for pacing colts and chose the Simpson to launch their prize pupil's return after a month break and a 1:53 qualifier in preparation. Montrell Teague has his regular role as driver which he has held in every one of Wiggle It Jiggleit’s previous races. Also on the card is the $54,200 W hata Baron final, named for one of the early equine heroes of The Meadowlands. Rediscovery appears to be the one to beat in the final after setting a career best 1:49.2 record in leg one and overcoming a second tier start to win the second leg. From the powerful stable of Ron Burke, Rediscovery is owned by Burke Racing, W eaver Bruscemi and Phil Collura. Meadowlands leading driver Yannick Gingras has the drive. As the evening continues, Victory and E-Rock Entertainment will be hosting the fight of the century where Floyd Mayweather will take on Manny Pacquiao, undercard begins at 9 p.m. Cover charge $25 for men, $20 for ladies. Reservations are strongly recommended. For reservations call 862.668.2473 or e-mail info@victorymeadowlands.com. The gates open Saturday morning at 9:30, admission is free and there are a plethora of racing, dining and entertainment available, sure to satisfy all desires of the racing patron. Race 7, N/W $15,000 L5 Trot QUICK DEAL was solid in his return to the races last week for Julie Miller and we all know what he's capable of when on his game; should be able to bottom these out. POUNCE HANOVER remains unbeaten on the McDermott claim and aims for his fourth in a row; he just might this sharp right now. D'ORSAY was cold on the board last week and never fired in her return; I'm inclined to sit another one out as she draws the worst post in second start back. HOME TURF was a 1:53 winner two back against lesser and will offer a price despite having Burke and the rail. Race 8, N/W 1 Pace HURRIKANE ALI was winless last year in five starts but it doesn't look like it'll take him that long to break through for a win this year. He closed in :26:1 two back against Blood Brother and then won his most recent morning mile in 1:51:4; seems to have matured a ton over the winter. THE LIMIT HANOVER has been chasing fast foes in his two return qualifiers; on paper it looks like he can keep up from the rail for a share. J EAGLE FEATHER debuts for Toscano and could be any kind; worth including if the price (continued on next page) HarnessRacingUpdate.com • 5/1/15 PAGE 5 of 6 is right. SUCHASENSEOFHUMOR had some belated pace to offer in his most recent qualifier for Burke; driver may take an early shot against these. Race 9, F&M N/W 2 Pace SINGLE ME can indeed be singled in here, and without question. Stakes-placed filly from last year never disgraced herself in the multiple occasions she was in against last year’s Horse of the Year and just qualified to be second to another top filly; looks like the easiest type of winner. CEDAR HALL HEIRESS raced better than expected upon arrival last out and Dave Miller will return in the bike; that filly that won her last race would rate kindly in here. KAITLYN AKEEPER debuts for Toscano and is almost certain to be forwardly placed against these; need not be much to land a share. QUICK AINT FAIR sported a :26:3 final quarter in her lifetime debut last out and that's something she can certainly build on; NEW JOEZ can tow along for a piece. Race 10, F&M N/W $5,000 L5 Pace OCEANS MOTIONS has been in these parts before and now ships up from Pompano and lands in the Elliott barn which has heated up of late. If you can look past this ones last race in Florida she generally outclasses these; may only need to be half right against this group to notch the win. JANIE BAY ran out of steam late in her most recent with a :30 second final quarter but that was still a relatively classy mare that beat her; tends to fire more often than not. TOP BRAND lands her best starting slot in a while and that makes her an instant player in this condition; the barn has been racing better than that 0 for 15 record shows. KZ BEACH GIRL has been erratic of late but is competent when she has it all together. DREAM'S BAR is handicapped the outside post on the big drop but she still failed at this level three races back. $5 ticket ($0.50 base): 3-7 / 6 / 9 / 2-5-7-9-10 $10 ticket $5 base): 3 / 6 / 9 / 2-7 Monday’s Results 2, Moh. $15,000, Trot. TIE SILK - 2ND LEG - 3 YEAR OLD COLTS & GELDINGS. 28.1, 57.1, 1:26.3, 1:56.3 FT Duh Bubbees (g,3 - Up Front Ben-Nothing To JustifyIncredible Abe) O-Chris Y W ilson. B/T-Jamie D. W ilson. D-Sylvain Filion, $7,500. Lifetime Record: 18-4-4-2, $25,357 3, Moh. $15,000, Trot. TIE SILK - 2ND LEG - 3 YEAR OLD COLTS & GELDINGS. 27.3, 57, 1:27, 1:55 FT Tarot (g,3 - Taurus Dream-Catch Dream-American Winner) O-Michael Casalino Jr. B-Reve Avec Moi Dreamwithme T-Dave Tyrrell. D-Randy W aples, $7,500. Lifetime Record: 21-6-4-3, $54,471 Missed an Edition of the HRU? Check out our archive at w w w .harnessracingupdate.com 10, Moh. $34,000, Trot, Preferred. 27.3, 56, 1:24.1, 1:52.3 FT Charmed Life (m,5 - Majestic Son-Christina M-Muscles Yankee) O-Menary Racing Inc, Brad D Gray, Michael A Guerriero. B-W illiam L. Jones. T-Dave Menary. D-Jody Jamieson, $17,000. Lifetime Record: 61-18-11-10, $738,113 5, Moh, $34,000, T, CELIAS COUNSEL - FINAL - 3 YEAR OLD FILLIES. NON W INNERS $30,000 IN 2014. 27.2, 56.2, 1:26.1, 1:56.1 1-Magic Shelley (b,f,3 - Majestic Son-American Shell American Winner) O-Robert J Key B-Robert Key T-Paul Reid D-Chris Christoforou $17,000 Lifetime Record: 15-3-31 $44,735 To watch the race replay click here Sunday’s Results 7, Phl, $22,000, P, NW $26,000 in Last 5 Starts AE: NW 9 Ext. PM Races or $90,000 Lifetime, 27.2, 55.3, 1:23.2, 1:51.4, FT Late Night Joke (g, 5, Western Terror--She's The Greatest, by Dexter Nukes) O-Sal Vumbaca. B-Perfect W orld Enterprises. T-Pete Vumbaca. D-Brett Miller, $11,000, Lifetime Record: 70-13-9-8, $159,780 HarnessRacingUpdate.com • 5/1/15 PAGE 6 of 6 Thursday’s Results 6, Phl, $22,000, T, NW $22,700 in Last 5 Starts AE: NW 9 Ext. PM Races or $90,000 Lifetime, 27.3, 56.4, 1:25.2, 1:54.1, FT Wheelsandthelegman (g, 4, Donato Hanover--Carmita, by Malabar Man), $50,000 2012 SHS-HBG O-Beth A Carroll. B-Hanover Shoe Farms Inc. T-W alter Carroll. D-Andrew McCarthy, $11,000, Lifetime Record: 14-8-0-2, $142,609 To watch the race replay click here 9, Phl, $25,000, T, W inners Over $25,000 Lifetime Handicap Post Positions Assigned, 26.4, 55.0, 1:24.4, 1:54.0, FT Lindy's Tru Grit (h, 5, Cantab Hall--True Diva, by Valley Victory) O-Lindy Racing Stable & Robert A Rudolph. B-Lindy Racing Stable. T-Julie Miller. D-Andy Miller, $12,500, Lifetime Record: 38-10-7-3, $383,562 To watch the race replay click here 12, Phl, $22,000, T, NW $22,700 in Last 5 Starts AE: NW 9 Ext. PM Races or $90,000 Lifetime, M, 28.2, 57.1, 1:25.4, 1:54.0, FT Tag Up And Go (g, 5, Angus Hall--Tagapine, by Tagliabue), $5,000 2011 CAN-YS O-J L Sadowsky LLC. B-Tri Star Farms LTD, CA. T-Robert Bresnahan Jr. D-Corey Callahan, $11,000, Lifetime Record: 68-14-10-10, $228,965 To watch the replay click here Monday’s Results 7, YR, $20,500, P, NON-W INNERS OF 6 P-M RACES OR $60,000 LIFETIME. 3,4&5 YEAR OLD FILLIES & MARES, 28.1, 58.4, 1:27.3, 1:56.3, FT Baby Remind Me (m, 4, Trailboss Hanover--Be My Princess, by Grand Trecar) O-M&J Bellino Stables, LLC & Keith W O Dowd. B-Amanda Michele Barker & Rick L Huffman. T-Tony Osullivan. D-Brian Sears, $10,250, Lifetime Record: 42-13-8-4, $98,172 10, YR, $21,500, P, NON-W INNERS OF $18,000 IN LAST 6 STARTS, 26.2, 55.4, 1:24.2, 1:53.4, FT Pop Cop (g, 6, Bettor's Delight--Pop Queen, by Magical Mike), $50,000 2010 SHS-HBG O-Dominick J Rosato. B-Fair W inds Farm Inc. T-Tracy Brainard. D-Jason Bartlett, $10,750, Lifetime Record: 93-18-20-15, $278,538 11, YR, $21,500, P, NON-W INNERS OF $18,000 IN LAST 6 STARTS, 27.0, 56.2, 1:24.3, 1:53.3, FT Twin B Impressive (g, 6, Bettor's Delight--Impeccant, by Jate Lobell), $57,000 2010 SHS-HBG O-Thomas Ceraso Jr. B-Twinbrook Limited, CA. T-Jack Franklin. D-Jason Bartlett, $10,750, Lifetime Record: 102-18-14-20, $281,797 Tuesday’s Results 6, YR, $30,000, T, YR/SOA OF NY BONUS TROTTING SERIES CONSOLATION, 28.2, 57.4, 1:27.2, 1:57.4, FT 1-Striker Ace (g, 5, Striking Sahbra--No Sugar Tonight, by Angus Hall) O-Eldo R Leonelli & L Dale Gilmour. B-Lisa C Demetrious, CA. T-Eldo Leonelli. D-Tyler Buter, $15,000, Lifetime Record: 50-7-7-9, $94,752 2-Schlim Schlamma (m, 4, Lear Jetta--Judy Luns, by Valley Victor)O-Triple D Stables Inc & Cc Racing LLC. B-Daniel K Esh. T-Scott Di Domenico. D-Daniel Dube, $7,500 3-Wild Smile (g, 5, Crazed--C'est Chez, by S J's Photo), $12,000 2011 SHS-HBG O-Calabrese Farms LLC. B-Fair Winds Farm Inc. T-John Calabrese. D-Jim Marshall III, $3,600 Calls: 1Q, 1H, 1H, 1H, HD - Finish Order: Brookroaddonnie, Jackie Goldstein, Time W ill Tell All, Russell The Muscle, Cerveza Dinero 7, YR, $66,500, T, YR/SOA OF NY BONUS TROTTING SERIES FINAL, 28.0, 57.3, 1:25.4, 1:55.4, FT 1-March Awareness (g, 5, Ken Warkentin--Witty Girl, by S J's Photo) O-Burke Racing Stable LLC & W eaver Bruscemi LLC. B-Ronald L Brechler & John Rhoads Jr. T-Ron Burke. D-George Brennan, $33,250, Lifetime Record: 53-16-5-6, $155,830 2-A Cool Million (m, 7, Keystone Nordic--Primrose Hanover, by Giant Victory) O-Gilberto Garcia-Herrera & Michi Yvette Abday. B-Francis J Kayden & Patrick M Sweeney. T-Gilbert Garcia-Herrera. D-Jordan Stratton, $16,625 3-Bentley Karan (g, 7, Pink Diamond--Donna Karan, by Scoring Light) O-Jesmeral Stable. B-Johannes G.H.F. Bakker, NE. T-Monique Cohen. D-Jason Bartlett, $7,980 Calls: 7H, 7, 3, 3, NS Finish Order: Lucky Colby, Massive Talent, Detroit Rapper, Dot Dot Dot Dash, Abc Crown Me Queen 11, YR, $20,500, P, NON-W INNERS OF 6 P-M RACES OR $60,000 LIFETIME. 3,4&5 YEAR OLD COLTS, HORSES & GELDINGS, 28.0, 57.3, 1:25.3, 1:53.1, FT Ideal Willie (h, 4, American Ideal--Ladyotra, by On The Road Again), $15,000 2012 SHS-HBG O-Paul J Harvey & Scott M Blackler. B-W hite Birch Farm. T-Scott Blackler. D-George Brennan, $10,250, Lifetime Record: 30-6-3-4, $77,126
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