Professional Documents
Culture Documents
Fraud Definition
Fraud Definition
EN
Fraud
Connected to:
victim, and that some jurisdictions require the victim to prove Offence against the person
fraud by clear and convincing evidence.[5]
Assassination
The remedies for fraud may include rescission (i.e., reversal) Assault
of a fraudulently obtained agreement or transaction, the Battery
recovery of a monetary award to compensate for the harm Bigamy
caused, punitive damages to punish or deter the misconduct, Criminal negligence
and possibly others.[5] False imprisonment
Home invasion
In cases of a fraudulently induced contract, fraud may serve Homicide
as a defense in a civil action for breach of contract or specific Kidnapping
performance of contract. Manslaughter (corporate)
Mayhem
Fraud may serve as a basis for a court to invoke its equitable
Murder
jurisdiction.
corporate
Negligent homicide
As a criminal offence Public indecency
Rape
In common law jurisdictions, as a criminal offence, fraud Robbery
takes many different forms, some general (e.g., theft by false Sexual assault
pretense) and some specific to particular categories of victims
or misconduct (e.g., bank fraud, insurance fraud, forgery). Crimes against property
The elements of fraud as a crime similarly vary. The requisite
elements of perhaps most general form of criminal fraud, theft Arson
by false pretense, are the intentional deception of a victim by Blackmail
false representation or pretense with the intent of persuading
Bribery
the victim to part with property and with the victim parting
Burglary
with property in reliance on the representation or pretense and
with the perpetrator intending to keep the property from the Embezzlement
Extortion
victim.[6]
False pretenses
Fraud
By region Larceny
Payola
Canada Pickpocketing
Possessing stolen property
Section 380(1) of the Criminal Code provides the general Robbery
definition for fraud in Canada: Smuggling
Tax evasion
380. (1) Every one who, by deceit, falsehood or other Theft
fraudulent means, whether or not it is a false pretence
within the meaning of this Act, defrauds the public or Crimes against justice
any person, whether ascertained or not, of any property,
money or valuable security or any service, Compounding
Malfeasance in office
(a) is guilty of an indictable offence and liable to
Miscarriage of justice
a term of imprisonment not exceeding fourteen
years, where the subject-matter of the offence is a Misprision
testamentary instrument or the value of the Obstruction
subject-matter of the offence exceeds five Perjury
thousand dollars; or Perverting the course of justice
(b) is guilty
Victimless crimes
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The Supreme Court of Canada has held that deprivation is Defences to liability
satisfied on proof of detriment, prejudice or risk of prejudice;
it is not essential that there be actual loss.[10] Deprivation of Automatism
confidential information, in the nature of a trade secret or Consent
copyrighted material that has commercial value, has also been Defence of property
held to fall within the scope of the offence.[11] Diminished responsibility
Duress
United Kingdom Entrapment
Ignorantia juris non excusat
England, Wales, and Northern Ireland Infancy
Insanity
The BBC World Service reported in 2012 that the estimated Justification
value lost through fraud in the UK was 66 billion ($100 Mistake (of law)
billion) a year.[12] Necessity
Provocation
According to a review by the UK anti-fraud charity Fraud Self-defence
Advisory Panel (FAP) business fraud accounted for 144bn,
while fraud against individuals was estimated at 9.7bn. The Other common-law areas
FAP has been particularly critical of the support available
from the police to victims of fraud in the UK outside of Contracts
London. Although victims of fraud are generally referred to Evidence
the UK's national fraud and cyber crime reporting centre, Property
Action Fraud, the FAP found that there was "little chance" Torts
that these crime reports would be followed up with any kind Wills, trusts and estates
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Negligence
Main article: Fraud Act 2006
Duty of / standard of care
Proximate cause
The Fraud Act 2006 (c 35) is an Act of the Parliament of the Res ipsa loquitur
United Kingdom. It affects England and Wales and Northern Calculus of negligence
Rescue doctrine
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Ireland. It was given Royal Assent on 8 November 2006, and Duty to rescue
came into effect on 15 January 2007.[19] Negligent infliction of emotional distress
Employment-related
The Act gives a statutory definition of the criminal offence of Entrustment
fraud, defining it in three classesfraud by false Malpractice
representation, fraud by failing to disclose information, and legal
fraud by abuse of position. It provides that a person found medical
guilty of fraud is liable to a fine or imprisonment for up to
twelve months on summary conviction (six months in Liability torts
Northern Ireland), or a fine or imprisonment for up to ten
years on conviction on indictment. This Act largely replaces Product liability
the laws relating to obtaining property by deception, obtaining Quasi-tort
a pecuniary advantage and other offences that were created Ultrahazardous activity
under the Theft Act 1978.
Nuisance
Serious Fraud Office
Public nuisance
The Serious Fraud Office (United Kingdom) is an arm of the Rylands v Fletcher
Government of the United Kingdom, accountable to the
Attorney-General. Dignitary torts
the issue, greater co-operation was needed to achieve a real Market share liability
impact in the public sector. The scale of the problem pointed
to the need for a small but high-powered body to bring Duty to visitors
together the numerous counter-fraud initiatives that existed.
Trespassers
To establish a claim of fraud, most jurisdictions in the United Licensees
States require that each element be plead with particularity Invitees
and be proved by a preponderance of the evidence, meaning Attractive nuisance
that it is more likely than not that the fraud occurred. Some
jurisdictions impose a higher evidentiary standard, such as
Other common law areas
Washington State's requirement that the elements of fraud be
proved with clear, cogent, and convincing evidence (very Contracts
probable evidence),[22] or Pennsylvania's requirement that Criminal law
common law fraud be proved by clear and convincing Evidence
evidence.[23] Property
Wills, trusts, and estates
The measure of damages in fraud cases is computed using the
"benefit of bargain" rule, which is the difference between the
value of the property had it been as represented and its actual
value. Special damages may be allowed if shown proximately Law portal
caused by defendant's fraud and the damage amounts are
proved with specificity. Many jurisdictions permit a plaintiff
in a fraud case to seek punitive or exemplary damages.[24] v
t
According to Bloomberg, auto loan application fraud rates in
e
the United States has been steadily rising over the past few
years. This type of fraud expected to double from about $2-3
billion in 2015 to $4-6 billion in 2017.[25]
Cost
The typical organization loses five percent of its annual revenue to fraud, with a median loss of $160,000.
Frauds committed by owners and executives were more than nine times as costly as employee fraud. The
industries most commonly affected are banking, manufacturing, and government.[26]
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The highly decorated fake uniform worn by a man impersonating a "Marine" caught by two gunnery sergeants at
Times Square in New York City, N.Y.
Fraud can be committed through many media, including mail, wire, phone, and the Internet (computer crime and
Internet fraud). International dimensions of the web and ease with which users can hide their location, the
difficulty of checking identity and legitimacy online, and the simplicity with which hackers can divert browsers
to dishonest sites and steal credit card details have all contributed to the very rapid growth of Internet fraud. In
some countries, tax fraud is also prosecuted under false billing or tax forgery.[27] There have also been
fraudulent "discoveries", e.g., in science, to gain prestige rather than immediate monetary gain.[citation needed]
Anti-fraud movements
Beyond laws that aim at prevention of fraud, there are also governmental and non-governmental organizations
that aim to fight fraud. Between 1911 and 1933, 47 states adopted the so-called Blue Sky Laws status.[28] These
laws were enacted and enforced at the state level and regulated the offering and sale of securities to protect the
public from fraud. Though the specific provisions of these laws varied among states, they all required the
registration of all securities offerings and sales, as well as of every U.S. stockbroker and brokerage firm.[29]
However, these Blue Sky laws were generally found to be ineffective. To increase public trust in the capital
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markets the President of the United States, Franklin D. Roosevelt, established the U.S. Securities and Exchange
Commission (SEC).[30] The main reason for the creation of the SEC was to regulate the stock market and
prevent corporate abuses relating to the offering and sale of securities and corporate reporting. The SEC was
given the power to license and regulate stock exchanges, the companies whose securities traded on them, and the
brokers and dealers who conducted the trading.[31]
Detection
For detection of fraudulent activities on the large scale, massive use of (online) data analysis is required, in
particular predictive analytics or forensic analytics. Forensic analytics is the use of electronic data to reconstruct
or detect financial fraud. The steps in the process are data collection, data preparation, data analysis, and the
preparation of a report and possibly a presentation of the results. Using computer-based analytic methods
Nigrini's wider goal is the detection of fraud, errors, anomalies, inefficiencies, and biases which refer to people
gravitating to certain dollar amounts to get past internal control thresholds.[32]
The analytic tests usually start with high-level data overview tests to spot highly significant irregularities. In a
recent purchasing card application these tests identified a purchasing card transaction for 3,000,000 Costa Rica
Colons. This was neither a fraud nor an error, but it was a highly unusual amount for a purchasing card
transaction. These high-level tests include tests related to Benford's Law and possibly also those statistics known
as descriptive statistics. These high-tests are always followed by more focused tests to look for small samples of
highly irregular transactions. The familiar methods of correlation and time-series analysis can also be used to
detect fraud and other irregularities. Forensic analytics also includes the use of a fraud risk-scoring model to
identify high risk forensic units (customers, employees, locations, insurance claims and so on). Forensic
analytics also includes suggested tests to identify financial statement irregularities, but the general rule is that
analytic methods alone are not too successful at detecting financial statement fraud.[33]
Notable fraudsters
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Frank Abagnale Jr., U.S. impostor who wrote bad checks and falsely represented himself as a qualified
member of professions such as airline pilot, doctor, attorney, and teacher. The film Catch Me If You Can is
based on his life.[34]
John Bodkin Adams, British doctor and suspected serial killer, but only found guilty of forging wills and
prescriptions.[35]
Eddie Antar, founder of Crazy Eddie, who has criminal convictions on 17 counts and about $1 billion
worth of civil judgments against him stemming from fraudulent accounting practices at that company.[36]
[37]
Jordan Belfort, "The Wolf of Wall Street", who swindled over $200 million via a penny stock boiler room
operation. The film "The Wolf of Wall Street" starring Leonardo DiCaprio is based on his life and
fraudulent activity.
Cassie Chadwick, who pretended to be Andrew Carnegie's illegitimate daughter to get loans.
Columbia/HCA Medicare fraud. Columbia/HCA pleaded guilty to 14 felony counts and paid out more
than $2 billion to settle lawsuits arising from the fraud.[38] The company's board of directors forced then
Chairman and CEO Rick Scott to resign at the beginning of the federal investigation; Scott was
subsequently elected Governor of Florida in 2010.
Edward Davenport self-styled "Lord"[39] nicknamed "Fast Eddie"[40] and "Lord of Fraud"[41] from 2005
to 2009 he was the "ringmaster" of a series of advance-fee fraud schemes that defrauded dozens of
individuals out of millions of pounds.[42] He is said to have made 34.5 million through his various
frauds.[43]
Marc Dreier, Managing founder of Attorney firm Dreir LLP, a $700 million Ponzi scheme.[44]
Enric Durn defrauded Spanish banks and then gave away the loaned money to anti-growth organizations.
Bernard Ebbers, founder of WorldCom, which inflated its asset statements by about $11 billion.
Ramn Bez Figueroa, banker from the Dominican Republic and former President of Banco
Intercontinental. He was sentenced on October 21, 2007 to 10 years in prison for a U.S. $2.2 billion fraud
case that drove the Caribbean nation into economic crisis in 2003.
Martin Frankel, former U.S. financier, convicted in 2002 of insurance fraud worth $208 million,
racketeering and money laundering.
Samuel Israel III, former hedge fund manager who ran the former fraudulent Bayou Hedge Fund Group,
and faked suicide to avoid jail.
Konrad Kujau, German fraudster and forger responsible for the "Hitler Diaries".
Kenneth Lay, the American businessman who built energy company Enron. He was one of the highest
paid CEOs in the U.S. until he was ousted as Chairman and convicted of fraud and conspiracy, although,
as a result of his death, his conviction was vacated.[45]
Nick Leeson, English trader whose unsupervised speculative trading caused the collapse of Barings Bank.
James Paul Lewis, Jr., ran one of the biggest ($311 million) and longest running Ponzi Schemes (20 years)
in U.S. history.
Gregor MacGregor, Scottish conman who tried to attract investment and settlers for the non-existent
country of Poyais.
Bernard Madoff, creator of a $65 billion Ponzi scheme the largest investor fraud ever attributed to a
single individual.
Matt the Knife, American con artist, card cheat and pickpocket who, from the ages of approximately 14
through 21, bilked dozens of casinos, corporations and at least one Mafia crime family out of untold sums.
Gaston Means, a professional conman during U.S. President Warren G. Harding's administration.
Barry Minkow and the ZZZZ Best scam.
Michael Monus, founder of Phar-Mor, which ultimately cost its investors more than $1 billion.
F. Bam Morrison, who conned the town of Wetumka, Oklahoma by promoting a circus that never came.
Lou Pearlman, former boy-band manager and operator of a $300 million Ponzi scheme using two shell
companies.
Frederick Emerson Peters, American impersonator who wrote bad checks.
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Thomas Petters is an American masquerading as a business man who turned out to be a con man and was
the former CEO and chairman of Petters Group Worldwide.[46] Petters resigned his position as CEO on
September 29, 2008, amid mounting criminal investigations.[47] He later was convicted for turning Petters
Group Worldwide into a $3.65 billion Ponzi scheme[48] and was sentenced to 50 years in federal prison.
Charles Ponzi and the Ponzi scheme.
Alves Reis, who forged documents to print 100,000,000 PTE in official escudo banknotes (adjusted for
inflation, it would be worth about US$150 million today).
John Rigas, cable television entrepreneur, cofounder of Adelphia Communications Corporation and owner
of the Buffalo Sabres hockey team, defrauded investors of over $2 billion and was sentenced to a 12-year
term in federal prison.
Christopher Rocancourt, a Rockefeller impersonator who defrauded Hollywood celebrities.
Scott W. Rothstein, a disbarred lawyer from Ft. Lauderdale, Florida, who perpetrated a Ponzi scheme
which defrauded investors of over $1 billion.
Michael Sabo, best known as a check, stocks and bonds forger. He became notorious in the 1960s
throughout the 1990s as a "Great Impostor" with over 100 aliases, and earned millions from such.
Alfredo Senz Abad who lied about bank loans, as a banker so that some customers to the bank went to
prison. Later on he was sentenced to prison, but managed to get a pardon and kept his job.
John Spano, a struggling businessman who faked massive success in an attempt to buy out the New York
Islanders of the NHL.
Allen Stanford Self-styled banker who sold fake certificates of deposit to people in many countries, raking
in $7 billion to $8 billion over decades.
John Stonehouse, the last Postmaster-General of the UK and MP who faked his death to marry his
mistress.
Kevin Trudeau, U.S. writer and billiards promoter, convicted of fraud and larceny in 1991, known for a
series of late-night infomercials and his series of books about "Natural Cures "They" Don't Want You to
Know About".
Richard Whitney, who stole from the New York Stock Exchange Gratuity Fund in the 1930s.
Related
Apart from fraud, there are several related categories of intentional deceptions that may or may not include the
elements of personal gain or damage to another individual:
Obstruction of justice
18 U.S.C. 704 which criminalizes false representation of having been awarded any decoration or medal
authorized by Congress for the Armed Forces of the United States
See also
Fraud deterrence
Fraud in the factum
Fraud in parapsychology
Fraud Squad (UK)
Friendly fraud
Front running
Geneivat da'at
Great Stock Exchange Fraud of 1814
Guinness share-trading fraud, famous British business scandal of the 1980s
Hoax
Identity management
Impersonator
Internet fraud
Internal Revenue Service (IRS)
Interpol
Journalism fraud
Money laundering
Mail and wire fraud
Organized crime
Placebo
Phishing, attempt to fraudulently acquire sensitive information
Police impersonation
Political corruption
Quackery
Quatloos.com
Racketeer Influenced and Corrupt Organizations Act (RICO)
SAS 99
Scam
Secret profits
Shell company
Swampland in Florida
The National Council Against Health Fraud
Tobashi scheme, concealing financial losses
U.S. Securities and Exchange Commission (SEC)
United States Postal Inspection Service
United States Secret Service
White-collar crime
References
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9. ^ Tony Wong. "The Law of Fraud and White Collar Crime in Canada" (Pdf). Blake, Cassels & Graydon
LLP. Retrieved 2012-04-22.
10. ^ R. v. Olan et al., [1978] 2 S.C.R. 1175. Full text of Supreme Court of Canada decision at LexUM
11. ^ R. v. Stewart, [1988] 1 S.C.R. 963. Full text of Supreme Court of Canada decision at LexUM
12. ^ BBC world service broadcast 29.3.2012.
13. ^ Fraud Advisory Panel (2016). The Fraud Review Ten Years On (PDF).
14. ^ "Report highlights 'same failings' in fight against fraud 10 years on". www.out-law.com. Retrieved
2016-09-18.
15. ^ "UK fraud police release wanted list". BBC News. 2016-07-18. Retrieved 2016-09-18.
16. ^ "Nearly six million fraud and cyber crimes last year, ONS says". BBC News. 2016-07-21. Retrieved
2016-09-18.
17. ^ Beckford, Martin (21 August 2016). "Revealed: New 'crime index' used by police says burglary is twice
as bad as child abduction - and bike theft is more serious than drug possession". Daily Mail Online.
Associated Newspapers Ltd. Retrieved 18 September 2016.
18. ^ https://www.theguardian.com/uk-news/2017/jun/30/online-costs-public-billions-but-is-still-not-a-police-
priority-says-watchdog
19. ^ The Fraud Act 2006 (Commencement) Order 2006 - SI 2006 No. 3200 (C.112) ISBN 0-11-075407-7
20. ^ "Identity fraud up by 57% as thieves 'hunt' on social media". BBC News. 2016-07-05. Retrieved 2016-
09-18.
21. ^ "Social media blamed as identity fraud cases double in a year". www.miltonkeynes.co.uk. Retrieved
2016-09-18.
22. ^ "WPI 160.02 FraudBurden of Proof". Washington Pattern Jury Instructions - Civil. West. Retrieved
24 May 2017.
23. ^ "Boehm v. Riversource Life Insurance Co., 2015 PA Super 120, 117 A.3d 308 (Pa. Super. 2015)".
Google Scholar. Google. Retrieved 24 May 2017.
24. ^ Koerner, Theodore G. (Jan 1958). "Contracts: Damages: Punitive Damages Awarded for Breach
Accompanied by Fraudulent Act". Michigan Law Journal. 56 (3): 448. Retrieved 24 May 2017.
25. ^ Scully, Matt (2017-05-10). "Auto Loan Fraud Soars in a Parallel to the Housing Bubble". Bloomberg
News. Retrieved 2017-05-12.
26. ^ "Report to the Nations on Occupational Fraud and Abuse". Association of Certified Fraud Examiners.
2010. Archived from the original on July 7, 2011.
27. ^ "Tax Fraud and the Problem of a Constitutionality Acceptable Definition of Religion". BJ Casino.
American Criminal Law. Rev., 1987
28. ^ "Speech by SEC Staff: remarks at the F. Hodge O'neal Corporate and securities Law symposium".
sec.gov. 21 February 2003.
29. ^ "Blue Sky Laws". Seclaw.com. 2007-07-07. Retrieved 2013-12-05.
30. ^ "Franklin Delano Roosevelt (1882-1945)". gwu.edu.
31. ^ "Securities and Exchange Commission ("SEC")". learn.advfn.com.
32. ^ "Forensic Analytics". analytics-magazine.org. JulyAugust 2013.
33. ^ Nigrini, Mark (June 2011). Forensic Analytics: Methods and Techniques for Forensic Accounting
Investigations. Hoboken, NJ: John Wiley & Sons Inc. ISBN 978-0-470-89046-2.
34. ^ Biography.com Editors. "Frank Abagnale Biography". Retrieved 2015-10-08.
35. ^ "Murder trial doctor's items sold". BBC. Retrieved 2015-10-08.
36. ^ Pinder, Jeanne B. (1993-07-21). "Crazy Eddie Founder Guilty of Fraud". The New York Times.
ISSN 0362-4331. Retrieved 2016-09-18.
37. ^ "Founder of Crazy Eddie Gets 8 Years in Prison and Big Fine". New York Times. Retrieved 2016-07-15.
38. ^ "Largest Health Care Fraud Case in U.S. History Settled; HCA Investigation Nets Record Total of $1.7
Billion" (Press release), U.S. Department of Justice, June 26, 2003, retrieved April 11, 2011
39. ^ " 'Lord' Edward Davenport jailed for fraud". BBC News. 2011-10-05. Retrieved 2016-09-18.
40. ^ "Inside the world of fraudster Fast Eddie Davenport". Retrieved 2016-09-18.
41. ^ "The 'Lord of Fraud' Edward Davenport is out of prison and back in business". 2015-11-06. Retrieved
2016-09-18.
42. ^ Bowers, Simon (2011-10-05). "Fast Eddie, friend to celebrities, swaps Portland Place mansion for
prison cell". The Guardian. ISSN 0261-3077. Retrieved 2016-09-18.
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43. ^ Evans, Martin (29 July 2014). "Fraudster forced to sell off 'unique' London mansion to pay legal bills".
The Telegraph. Retrieved 18 September 2016.
44. ^ Kokenes, Chris (March 19, 2009), "N.Y. lawyer arraigned in alleged $700M fraud", CNNMoney.com,
retrieved April 10, 2011
45. ^ Lozano, Juan A. (17 October 2006). "Judge vacates conviction of Ken Lay". CBS News. Associated
Press. Archived from the original on May 24, 2009.
46. ^ Nicole Muehlhausen, BIO: Tom Petters, KSTP.com, September 24, 2008. Retrieved October 8, 2008.
47. ^ [1] Archived February 10, 2009, at the Wayback Machine.
48. ^ Hughes, Art (December 2, 2009). "UPDATE 2-Tom Petters found guilty of Ponzi scheme fraud".
Reuters. Thomson Reuters. Retrieved December 10, 2009.
Further reading
Fred Cohen Frauds, Spies, and Lies and How to Defeat Them. ISBN 1-878109-36-7 (2006). ASP Press.
Green, Stuart P. Lying, Cheating, and Stealing: A Moral Theory of White Collar Crime. Oxford University
Press, 2006. ISBN 978-0199225804
Review Fraud Alex Copola Podgor, Ellen S. Criminal Fraud, (1999) Vol, 48, No. 4 American Law
Review 1.
The Nature, Extent and Economic Impact of Fraud in the UK. February, 2007.
The Fraudsters How Con Artists Steal Your Money(ISBN 978-1-903582-82-4) by Eamon Dillon,
published September 2008 by Merlin Publishing
External links
Types of fraud
[show]
Types of fraud
Scams and confidence tricks
[show]
Scams and confidence tricks
Law
[show]
Law
Categories
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Crimes
Deception
Fraud
Tort law
Property crimes
Related topics
Common law Common law (also known as case law or precedent) is law developed by judges through decisions
of courts and similar tribunals that decide individual cases, as opposed to statutes adopted through the legislative
process or regulations issued by the executive branch. A "common law system" is a legal system that gives great
precedential weight to common law, so that consistent principles applied to... Criminal law Criminal law is the
body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or
otherwise endangering to the property, health, safety, and moral welfare of people. Negligence Negligence (Lat.
negligentia, from neglegere, to neglect, literally "not to pick up something") is a failure to exercise the care that
a reasonably prudent person would exercise in like circumstances.
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Fraud
Introduction
As a civil wrong
As a criminal offence
By region
1. Canada
2. United Kingdom
3. United States
Cost
Types of fraudulent acts
Anti-fraud movements
Detection
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Notable fraudsters
Related
See also
References
Further reading
External links
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