Taibbi: Will “Goldman Penis Envy” Crash The Economy Again?

Taibbi: Will “Goldman Penis Envy” Crash The Economy Again?

Authored by Matt Taibbi via TK News,

Nearly fifteen years ago, on December 10, 2006, the CEO of Senderra, a subprime mortgage lender owned by Goldman, Sachs, sent a grim report to its parent company. “Credit quality has risen to become the major crisis in the non-prime industry,” Senderra CEO Brad Bradley wrote, adding that “we are seeing unprecedented defaults and fraud in the market.”

Within four days, senior executives at Goldman decided to “get closer to home” by unloading risky mortgage instruments. They didn’t alert regulators, of course, but did save their own hides, with Goldman CEO Lloyd Blankfein soon after ordering subordinates to sell off the ugly “cats and dogs” in their mortgage portfolio.

Bill Hwang

Around the same time that Goldman was having its come-to-Jesus moment, rival Lehman Brothers was going the other way. In one meeting, the bank’s head of fixed income, Mike Gelband, pounded a table, telling the firm’s infamous Vaderqsque CEO Richard “Dick” Fuld and hatchetman-president Joe Gregory there was a $15-18 trillion time bomb of lethal leverage hanging over the markets. Once it blew, it would be the “grandaddy of credit crunches,” and Lehman would be toast.

Fuld and Gregory scoffed. They didn’t understand mortgage deals well and thought Gelband lacked nerve. “Be creative,” they told him, adding, “What are you afraid of?”

“We called it ‘Goldman Penis Envy,’” says Lawrence McDonald, former Lehman trader and author of A Colossal Failure of Common Sense. In telling the Gelband story, he explains that Fuld and Gregory were so desperate to beat out Goldman and become the richest men on Wall Street, they chased every bad deal at the peak of the speculative bubble.

“These tertiary financial institutions, in order to win business away from the big players, they have to continually juice their offerings, offer more leverage, more goodies,” says McDonald. “Dick and Joe, they wanted to do these banking deals, to steal Goldman’s business by offering more.”

In the end, Goldman got out just in time, and Lehman – which had scored record profits in every year from 2005 through 2007, pulling in $19.3 billion in revenue in 2007 alone – became a bug on the windshield of history.

In the triggering episode, Goldman was the first bank to smell a rat in AIG’s financial products division and demand collateral calls to AIG swaps, just before AIG imploded. Goldman ultimately got bailed out in its AIG dealings by the Fed and the taxpayer to the tune of a hundred cents on the dollar, while the collapse of Lehman’s portfolio of bonehead deals sent them into bankruptcy and helped trigger a global chain reaction of losses that cost Americans $10 trillion in 2008 alone.

It feels like déjà vu all over again. We’re in a frothy economy where banks are pouring money into the worst conceivable deals, upselling the most dubious clients in an effort to outdo each other, resulting in huge losses. Just like in 2008, the warning signs are being ignored.

The narrative started in January, when GameStop captured the public imagination. The struggling retail video game company, targeted by short-sellers, saw its share price shoot from $6 to $347 in a few months, spurring elation among Redditors and day-traders who’d bet the stock.

Wall Street pundits threw a fit over GameStop because for whatever else was going on there, there were outsiders trying to break into a rigged game, which was deemed unacceptable. Across the political spectrum, there were howls of outrage and calls for official probes of all involved, down to YouTuber-in-ski-hat Keith Gill, a.k.a. “Roaring Kitty,” who had the temerity to invest $745,991.

While GME gobbled headlines, other short-targeted companies saw wild jumps. GSX, a Chinese online tutorial firm shorts had circled since last year, moved from $46 on January 12th to $142 fifteen days later. Baidu, a Chinese Internet services firm some claimed used shady reporting practices, went from $133 in late November to $339 in February. Viacom, the most heavily shorted media stock, went from $36 on January 1st to an incredible $100 on March 22, in a rally that supposedly left investors “scratching their heads.”

There was no million-member army of Redditors to focus on in these cases. The rallies of Viacom, Baidu, Discovery, GSX, Tencent Music Entertainment Group, Vipshop Holdings, Farfetch, and IQIYI Incorporated — all targets of institutional short sellers — were at the center of an elaborate, multi-billion-dollar short squeeze play by a single SEC-sanctioned Jesus freak of an investor: Sung Kook “Bill” Hwang, head of a fund called Archegos.

Once fined $60 million and banned by the S.E.C., Hwang as a character is a compelling fusion of religious weirdness and old-fashioned manipulation. He claims he invests “according to the word of God,” and he’s “not afraid of death or money,” allowing him to be “fearless” and “free” from concern about consequence. “The people on Wall Street wonder about the freedom I have, actually,” he said two years ago, ominously.

Despite throwing off a crazy vibe strong enough that the average person would cross the street to get away, he was able to borrow gargantuan sums — billions — from the world’s biggest banking institutions, using them to place a string of long bets that single-handedly sent the share prices of major companies skyrocketing.

Firms like Goldman, Sachs, Morgan Stanley, JP Morgan Chase, UBS, Japan’s Nomura, and Credit Suisse helped Hwang arrange his investments in the form of swaps. In return for collateral, banks would buy his targeted stock in four, five, six, even seven times the amount posted, then hold it on their own balance sheets. If the stock went up, the banks paid Hwang. If it went down, Hwang owed more.

The arrangement allowed Hwang to evade S.E.C. regulations requiring any investor who amasses more than 5% of any stock to issue a public filing as a beneficial owner. So enabled, Hwang quietly racked up more than 10% of the float of all his target companies, and as much as 30% interest in some of them, a setup that created massive systemic risk, but to the banks looked like an easy source of funding and management fees.

The current legend is that each of the banks thought they were the only ones doing the bad thing. Even the “smartest guys on the Street” at Goldman supposedly did not put two and two together, or wonder if Hwang was peddling the same trade to other shops. As a result, Hwang was allowed to keep bidding up and up until it all came crashing down in late March.

The end came after the CEO of Viacom, Bob Bakish — perhaps moved by a 73% jump in the firm’s share price — came to Goldman and Morgan Stanley on March 24th, asking to “discreetly” unload $3 billion in securities in an overnight sale. As one hedge fund analyst put it this week, this “might have been the what-the-fuck moment” for those two banks, who finally put two and two together.

Others scoff at the idea that firms like Goldman and Morgan Stanley didn’t see what was going on. “Even if they didn’t talk (and we know they do), they could all see the stock action as the prices ratcheted up over a relatively short period of time, and they could see each other’s increasing holdings albeit in the aggregate,” says Dennis Kelleher of Better Markets. “These guys are market makers, after all, and see the flow and have eyes and ears everywhere. Not credible.”

No matter how it happened, within a day after Bakish moved to sell those 20 million shares at $85 — the firm claimed, ludicrously in hindsight, that they were just raising money “for general corporate purposes, including investments in streaming” — the banks began demanding Hwang post more collateral. When he couldn’t meet his margin calls, the dealers one-by-one dumped his shares into the market, characteristically led by Goldman, which claimed to escape with “immaterial” losses thanks to its quick exit. “How are they always the only guys who don’t get carried out on a stretcher?” asks short-seller Marc Cohodes.

The Archegos story broke back on March 26th. Since then, Wall Street has been scrambling to contain both the financial and reputational damage. To date, the monetary hit to the banks alone is said to be $10 billion, but that number keeps rising, as Nomura and UBS only just this week disclosed a combined $3.7 billion in losses. Meanwhile, some analysts think the total loss in market value due just to this episode might ultimately be as big as $100 billion — one source thinks the number might be $200 billion.

Most of the straight-news coverage of Archegos has been of the “Who was that masked man?” variety, i.e. profiles of the terrible rogue trader who hit poor Wall Street like a weather event, a stroke of random luck. “He built a $10 billion empire. It fell apart in days,” was the New York Times offering, one of many stories to describe Archegos as a self-contained disaster.

The real issue isn’t Hwang but his banks. Just like 2008, some of the “tertiary” players rushed to give Hwang the extra “goodies” McDonald described, likely in the form of more leverage. The company destined to wear the historical dunce-cap this time a la Lehman looks like Credit Suisse, which has at least $5.5 billion in Hwang-related losses and has already fired investment bank chief Brian Chin and chief risk officer Lara Warner.

With firms like this in a race to shower even the most preposterous clients with unlimited funds, the grim reality of finance in the post-CARES Act era is that anyone with a tie and a business card can borrow enough to blow a $100 billion hole in the economy without being detected.

This raises the question: how many more Hwangs are out there? Not many people think he’s the only one.

“The system can’t take many more of these,” says McDonald.

“I think this guy [Hwang] is running the biggest Ponzi since Bernie Madoff, maybe bigger,” says Cohodes.

Like the failure of the two subprime-laden hedge funds that led to the collapse of Bear Stearns in 2008, Archegos exposed a rat’s nest of bad practices. Hwang was able to traipse through the system in part because Archegos is a “family office.” In theory, family offices provide a framework to manage money for individual wealthy families. In reality, it’s a loophole allowing mega-borrowers to be regulated less than the smallest retail consumers. As McDonald points out, if an ordinary person maxes out credit cards before a trip to Vegas, that person’s FICO score pings. Yet a tire-fire like Hwang buying swaps can make trades of a billion, even ten billion dollars without it registering anywhere.

This is the same problem we saw in 2008, when banks and hedge funds created mountains of theoretical risk (which became trillions in real losses) using derivative products like credit default swaps. Despite years of loud debates around the Dodd-Frank Act, the lack of even a basic tracking mechanism for such unexploded risk remains. “There are no leverage controls whatsoever. The only leverage control is market discipline,” sighs Marcus Stanley of Americans for Financial Reform.

Another common factor between 2008 and now is the hyper-availability of leverage, distributed on tap by Too Big To Fail Banks to all comers. Then the inappropriate borrower might have been an ordinary person buying too much house, or a company like AIG writing millions in synthetic mortgage insurance it never planned on honoring. This time it’s a known, SEC-sanctioned freak show taking out billion-dollar bank loans to bet on black at the roulette table. The issue isn’t that people like Hwang are out there, it’s that all of Hwang’s bankers went along with this game, hugely amplifying the irresponsible gambling.

“Hwang was basically using the balance sheets of Goldman and Morgan Stanley against the hedge funds,” says McDonald.

“Regulators have no chance,” says the hedge fund analyst. “Every time they tidy up one area, the rats just find a new hole to chew.”

The symbiotic relationship between banks that are overeager to lend and rapacious (or, in the case of Hwang, sociopathic) clients gambling with other people’s money is what blew up firms like Lehman. In order for those romances to happen, compliance officers can’t get in the way, and they don’t. The Hwang episode revealed that even in top-drawer firms, the dumbest people on the roster — usually, the salespeople on prime brokerage desks — have almost total autonomy.

Even Goldman placed Hwang on a “blacklist” as recently as 2018, yet suddenly reversed course and lent him enough money to make him the de facto owner of Viacom, suggesting that compliance even at the storied industry leader is a joke.

“A compliance dept at a big bank is nothing but a fig leaf,” says former Lehman lawyer and whistleblower Oliver Budde. “Things get flagged by line personnel, sure, but then they get overruled. If… internal rules are all being evaded, that does not matter if the boss says it is okay.”

With a few exceptions, financial professionals don’t mind being ripped as unethical. The dirty secret they do want covered up is that they’re not that smart. In the Covid-19 age especially, there’s a lot of subsidized mediocrity.

“All of these huge hedge funds have shitty performance, disguised by leverage,” says Cohodes. “If the markets go up 12% a year, you go up 5%, but you lever up seven times. Now it’s 35% and you’re getting three and thirty.” The top hedge funds charge 3% fees on assets under management and 30% of net gains.

That’s a great deal under any circumstances, but even better when 70-80% of your “performance” comes from being lent money by Goldman or Morgan Stanley or Credit Suisse, and even better still when you and your bank artificially drive up your gains together by pumping up the market. With limitless leverage, banks and hedge funds can in this way partner up to print themselves profits forever, until of course something goes wrong. With Archegos, something did go wrong — even on Wall Street, really dumb chasing really crazy eventually cracks up — but does anyone think there isn’t more?

Read the rest here

Tyler Durden
Fri, 04/30/2021 – 17:00

via ZeroHedge News https://ift.tt/3t7sdGL Tyler Durden

The U.S. Won’t Beat China by Being More Like China


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President Joe Biden’s first 100 days in office saw the executive using the COVID-19 pandemic to push for a huge and largely permanent expansion of the federal government.

But in his speech to a joint session of Congress on Wednesday, Biden gave a preview of how his administration is going to justify the ever-greater growth of government power even after the pandemic wanes. The next crisis is all about China.

“We’re in a competition with China and other countries to win the 21st century,” he said. “And we’re falling behind in that competition.”

Later, invoking that competition again, Biden warned that China “is closing in fast.” Biden recalled telling Chinese President Xi Jinping that “we welcome the competition” and later promised that America would stand up to “unfair trade practices that undercut American workers,” and “won’t back away from our commitment to human rights and fundamental freedoms.”

The troubling thing about all this isn’t that Biden is calling attention to the abuses of the Chinese communist regime. Certainly, what is happening in Hong Kong and in Xinjiang and in Chinese-controlled cyberspace deserves the strongest condemnation from America’s political leaders and anyone who cares about human freedom.

No, the troubling thing is that Biden’s prescription for dealing with China often sounds like a plan for copying China’s economic policies. His address on Wednesday contained a long list of ways to give the government a firmer hand on the economy—raising taxes, removing choices from employers and workers, and sending power to Washington bureaucrats.

Since taking office, Biden has called for the passage of a bill that would revoke workers’ right to refuse to join a union in certain professions. He has refused to repeal former President Donald Trump’s tariffs that are a burden on the U.S. economy—in fact, Commerce Secretary Gina Raimondo has argued that “the data shows that those tariffs have been effective.” And on Wednesday he promised to double down on protectionism and industrial policy, paid for with higher taxes on corporations.

This is misguided at best. At worst, it is tantamount to an admission of defeat. One doesn’t usually seek to copy those who are less successful, after all.

“Ultimately, the United States needs to outcompete China and the way we do that is through open markets and immigration—our traditional strengths,” Clark Packard, trade policy counsel for the R Street Institute, a free market think tank, tells Reason. “We’re not going to outcompete Beijing by hiding behind tariff walls, deploying sclerotic domestic subsidies to politically favored industries, and choking off immigration. In fact, that is a recipe for decline and stagnation.”

To be fair to Biden, he’s hardly alone in doing this. Far from it. Sen. Ted Cruz (R–Texas) blocked the admission of refugees from Hong Kong last year because he believed it was an anti-China maneuver (in fact, it was quite the opposite). Sens. Marco Rubio (R–Fla.) and Josh Hawley (R–Ark.) have become the faces of the GOP’s new economic nationalism and its embrace of industrial policy. China is a convenient pretext for just about any pet policy, it seems.

And of course it was Trump who steered America toward this resurgence of industrial policy in the name of combating China. He imposed tariffs on steel and aluminum imports that were supposed to protect American metal manufacturers from foreign competition, supposedly causing a rebirth of steelmaking in America. Trump often claimed, without evidence, that his policies were responsible for six or seven (he has never been good at being consistent with his lies) new steel plants being built.

How’s all that working out now? American steel has become significantly more expensive since Trump’s tariffs were imposed, but those higher prices aren’t resulting in more plants being built or workers being hired. U.S. Steel announced Friday that it was canceling plans for a new manufacturing facility in Pennsylvania.

Biden and his advisers are more policy savvy than Trump’s team—though that’s not a high bar—but there’s little reason to think that the current administration will be able to make industrial policy work any better.

Take Biden’s “Buy American” plan—a pseudo-populist idea that he almost literally stole from Trump. It will guarantee that “American tax dollars are going to be used to buy American products made in America that create American jobs,” Biden said Wednesday.

That’s not a bad bumper sticker, but it is lousy policy. Buy American rules force the government to spend more money for the same products, effectively shortchanging taxpayers. The Buy American rules already on the books—Biden’s plan mostly amounts to tightening loopholes in them—increased costs for taxpayers by $94 billion in 2017.

On Wednesday, Biden said he wants America to have more wind turbines as a way to combat climate change. But he also said he wants those wind turbines to be built in Pittsburgh, not Beijing—in which case he’ll get fewer wind turbines to combat climate change. Which priority should prevail?

Markets do a fantastic job of sorting those priorities. Government has a much less impressive track record.

The very notion of defeating China is somewhat silly on its face, considering the many, many economic links between the world’s two largest economies. Neither America nor China would be as prosperous in a zero-sum world where the two have decoupled from one another.

So when Biden pumps up China as a foil or rival to the United States’ economic might, what he’s really doing is playing to populist feelings and stoking another crisis in the hopes of smashing opposition to his proposals. And as long as those proposals amount to “beat China by being more like China,” they will continue to deserve serious opposition.

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“The Social Contract Is Broken”: Why Millennials Who Lack Rich Parents Feel Increasingly Hopeless

“The Social Contract Is Broken”: Why Millennials Who Lack Rich Parents Feel Increasingly Hopeless

The worsening precarity of the millennial generation has been a hot topic for the financial press over the last year, and it hasn’t failed to disappoint. Thinkpieces about crushing student loan debt, rising housing prices placing home-ownership further out of reach, and the soul-crushing intensity of formerly sought-after jobs in finance have abounded. And now, the Financial Times has launched a new series where it explores some of the biggest problems facing its millennial readers. And what the report discovered might come as a surprise to some. Picking up where that PowerPoint about the miserable working conditions of Goldman junior analysts left off, the FT reported that even millennials with strong resumes and “good jobs” who “did everything right” are “drowning in insecurity.”

As the FT sees it, millennials’ fate will depend largely upon whether they’re the progeny of wealthy families, or not. Those who can depend on “the bank of mom and dad” for an interest-free loan (or a generous inheritance) will always have an advantage in procuring the best homes, jobs and school placement as entry to the upper echelon of society still largely depends on having access to the best schools and alumni networks. Millennials who don’t enjoy these advantages will be forced to compete in a market set up to cater to those who do.

Source: FT

But while that conclusion is relatively self-evident, an even more surprising detail from the FT’s report is that once-safe careers in investment banking and private equity no longer convey the same promise of long-term security. As an example of these phenomon, the FT introduces Akin Ogundele, who works in London’s financial sector, and lives in the city with his wife and young family. The fact that he’s struggling to pay his bills in a rental flat, with little hope of affording his own home any time soon, has given him a “sense that the social contract is broken for his generation…” something that’s shared by many young people “and not just in London.”

Many of the story’s most striking examples are delivered with a quote. Here are a few of our favorites:

  • “If I carry on the way I am, I’m not sure what I’ll be able to pass down,” he says. “It can’t be good for the country — the disparities are just going to grow, the wealthy are going to grow wealthier and those that aren’t will get more and more removed.”

  • For Killian Mangan, who graduated during the pandemic last year and struggled to find a job, it feels as if “we are drowning in insecurity with no help in sight”. A twenty-something who works for a central bank says: “I sometimes have this feeling that we are edging towards a precipice, or falling in it already.”

  • A 30-something who works in private equity in the UK turns to collateralised debt obligations for a metaphor to describe the position of his generation. “The space I feel I occupy in the sociopolitical order is akin to being the first loss tranche in the debt stack,” he says. “Whenever anything bad happens I have no doubt that, because we lack political and economic clout, we will be left holding the bag.”

  • “At the moment, while the wealth is still held by older generations it shows up in the data as a difference between generations, but wealth doesn’t disappear, it’s going to flow down and [then] it moves on to being an issue about inequality within younger generations,” says David Sturrock, an IFS senior research economist. “It’s basically saying how much you stand to gain depends on who your parents are and the wealth they have.” Many developed countries share “a lot of the same dynamics”, he adds.

  • “I ate spaghetti for a month in 2009 because the company I worked for was owned by a private equity firm, which thought it best to cut me so it could buy out smaller competitors,” says Jim from California in the US. “They eventually hired me back for close to half the pay…way to develop talent, right?”

  • “After 30 or so rejections, I was chosen out of a pool of 2,500 applicants to undergo a psychometric test, followed by a video interview, followed by an assessment centre, followed by a week-long virtual scheme culminating in an interview before being offered a two-year training contract,” says Hadrien, a recent UK graduate. “We are competing with machines and bots, and an ever increasing population of skilled humans,” says another.

But while some might dismiss these quotes as more whining from millennials who have nobody but themselves to blame for being duped into taking out hundreds of thousands of dollars in debt for a four-year liberal arts degree, the FT also peppered the story with data supporting this vision of a downwardly mobile fate.

It started with data showing fewer millennials will out-earn their parents.

Source: FT

And how feelings of career insecurity are shared by young people around the world, in both developing and emerging economies.

Source: FT

Millennials, meanwhile, struggling with a stubbornly low share of household wealth (partly a factor of the wealth-draining impact of student loans).

Source: FT

According to an editor’s note, the story is merely the first in a series about the myriad problems facing the millennial generation. While we’re sure its audience will appreciate the FT’s attempt to court more youthful readers, we suspect it might come off as a tad whiny. After all, millennials just had the opportunity to get in on one of the greatest wealth-creation engines of all time (crypto) while boomer CEOs were mostly left scratching their heads.

Tyler Durden
Fri, 04/30/2021 – 16:40

via ZeroHedge News https://ift.tt/2QKuASH Tyler Durden

New Article: What Happens if the Biden Administration Prosecutes and Convicts Donald Trump of Violating 18 U.S.C. § 2383?

The Illinois Law Review has published an expansive online symposium on President Biden’s first 100 days in office. There are more than thirty submissions from a wide range of law professors. Seth Barrett Tillman and I submitted an article titled “What Happens if the Biden Administration Prosecutes and Convicts Donald Trump of Violating 18 U.S.C. § 2383?” This article is based on a blog post we wrote for the Volokh Conspiracy in February. Over the past two months, we have substantially expanded our research on Section 2383, and its relation to the 14th Amendment.

Here is the abstract:

President Trump’s term in office has drawn to a close, and the Biden administration has begun. Attorney General Merrick Garland will soon face a difficult decision: Should he pursue a criminal prosecution of Trump for his conduct leading up to, and during the events of January 6, 2020? One possible basis for prosecution would be under the Insurrection Act, 18 U.S.C. § 2383. This statute provides:

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

In this Article, we take no position whether Trump committed the substantive offenses of inciting or engaging in an insurrection. Rather, we will analyze the potential legal consequences of convicting Trump under this statute. Specifically, what would it mean for Trump to be “incapable of holding any office under the United States.” Would this punishment disqualify Trump for serving a second term as President, should he be elected?

Attorney General Garland’s decision will be complicated because there are no settled authorities to answer these legal questions. He will also face tough political choices. Any prosecution could be seen as an effort to disqualify the presumptive Republican nominee for President in 2024. In effect, a Biden Administration prosecution could knock out its most likely political opponent. A substantial segment of the public may view the Attorney General as disenfranchising tens of millions of voters. This decision is fraught with difficulty.

However, we think Garland’s decision is simpler in one regard: Trump’s conviction under § 2383 would not prevent his serving in the White House again. In our view, if Trump were convicted of violating § 2383, he would be disqualified from holding appointed federal positions. However, that conviction would not disqualify him from holding the presidency or any other elected federal position. We think our reading is correct as a matter of original public meaning with respect to the Constitution of 1788. And this conclusion is unchanged by Sections 3 and 5 of the Fourteenth Amendment. Our position is supported by modern Supreme Court and other federal court precedent.

In our view, even if Trump were convicted of violating § 2383, he would not be disqualified from serving a second term as President.

This Article proceeds in five parts. Part I explains that under the Constitution of 1788, Congress cannot add qualifications for elected federal officials. To illustrate our position, Part II analyzes an anti-bribery statute that the first Congress enacted in 1790. This statute imposes additional qualifications on certain federal positions. But, we argue, it should not be read to impose additional qualifications on elected federal positions. In Part III, we consider whether our general position is altered by the ratification of the Fourteenth Amendment. In other words, do Sections 3 and 5 of the Fourteenth Amendment give Congress the power to impose additional qualifications on holding elected federal positions? Part IV traces the history of the Insurrection Act, 18 U.S.C. § 2383. The Insurrection Act has remained virtually unchanged since President Lincoln signed it into law in 1862. This law should not be read to impose additional qualifications on elected federal officials. Finally, in Part V, we consider an amended, hypothetical version of § 2383 in which Congress expressly invoked its powers under Sections 3 and 5 of the Fourteenth Amendment. Even under this hypothetical statute, we still do not think Congress could disqualify former President Trump from serving a second term in office.

And from our conclusion:

We think it unlikely that the Biden administration will bring a criminal prosecution against former President Trump. We also think a conviction unlikely should he be prosecuted. But even if Trump were convicted of violating 18 U.S.C. § 2383, we do not think he would be disqualified from running for and serving a second term as President, should he win re-election.

Going forward, the Biden Department of Justice faces a difficult choice. There are legal and political upsides and downsides to prosecuting Trump under § 2383. If Trump were convicted, it may lead some people to conclude that he is disqualified from running for and serving a second term as President should he win re-election. We think this issue is far from clear, but recognize that election boards, courts, and even Congress could reach that conclusion in good faith.88 But what if Trump were acquitted of a § 2383 charge? Trump could credibly argue on that basis that he did not engage in insurrection, and thus did not run afoul of Section 3. (In much the same way, Trump could cite his two acquittals from impeachment trials as proof of his exoneration.) The decision to bring this prosecution will be made at the highest levels of the Department of Justice, likely by Attorney General Garland. And we suspect these legal and political risks would factor into the future Attorney General’s decision. Yet, even if Trump is prosecuted and convicted, the scope of disqualification would remain for another day.

We welcome any comments.

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Tennessee Man Arrested for Posting Picture Mocking Dead Police Officer Files First Amendment Lawsuit


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A Tennessee man is suing state and local law enforcement officials for violating his First Amendment rights after he was arrested and charged with harassment for posting a meme mocking a dead police officer.

Joshua Garton filed a federal civil rights lawsuit on Tuesday in the U.S. District Court for the Middle District of Tennessee alleging malicious prosecution, false arrest, and First Amendment retaliation for his January arrest by the Dickson Police Department.

The Dickson Police Department, following an investigation by the Tennessee Bureau of Investigation (TBI), arrested and charged Joshua Garton on January 22 with harassment after Garton posted a picture to Facebook that appeared to show two men urinating on the tombstone of Sgt. Daniel Baker, who was shot and killed on duty in 2018. Garton was held on a $76,000 bond.

Garton’s attorney, Nashville civil rights lawyer Daniel Horwitz, said in a statement that the case against Garton was a “despicable and unconstitutional malicious prosecution.”

“There are actual consequences for flagrantly violating the First Amendment,” Horwitz said. “Unfortunately, taxpayers will have to pay a significant penalty because District Attorney Ray Crouch, the Tennessee Bureau of Investigation, the City of Dickson, and their agents and employees are constitutionally illiterate.”

The agency launched the investigation at the request of 23rd District Attorney General Ray Crouch. “Agents subsequently visited Baker’s gravesite this morning and determined the photograph was digitally manufactured,” a TBI press release on Garton’s arrest said.

The picture Garton posted was in fact a doctored photo of the cover of “Pissing on Your Grave,” a single by The Rites, which originally depicted two people urinating on the tombstone of punk legend GG Allin.

The First Amendment firmly protects the right to post distasteful, offensive images and words. For example, in 2019 an Iowa man won a lawsuit after he was charged with third-degree harassment for saying online that a sheriff’s deputy was a “stupid sum bitch” and “butthurt.”

Nevertheless, Garton was interviewed by Dickson police officers, and according to an affidavit, “Garton was told that the image he posted did cause emotional distress to the family of Sgt. Baker as well as the law enforcement officers from Dickson County.”

“He has a right to post. That doesn’t mean there are no consequences,” Dickson Police Captain Donald Arnold wrote in one of several text messages included as exhibits in Garton’s lawsuit.

The arrest drew local and national attention, and condemnation from First Amendment experts, who said the post was clearly protected speech. According to other records released in Garton’s lawsuit, it also led to a flood of angry callers at all of the agencies involved.

“The trolls will do what trolls do,” TBI Director David Rausch wrote in another text. “It appears they and the lawyers forget that there are surviving family members who have rights as well.”

A judge dismissed the case against Garton, finding no evidence of harassment.

“That is not good,” Rausch texted after the judge’s ruling. 

Garton’s lawsuit seeks $1 million in damages and names Crouch, officials from the TBI, the city of Dickson, and several Dickson police officers as defendants.

The TBI did not immediately respond to a request for comment.

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Is Dogecoin The Perfect Currency For The United States Of America In 2021?

Is Dogecoin The Perfect Currency For The United States Of America In 2021?

Authored by Michael Snyder via TheMostImportantNews.com,

If you wanted to design a perfect currency for the farce that our financial system has become, you couldn’t do better than Dogecoin. 

It was created as a joke, it has no real value, but investors are feverishly gobbling it up as if it was the greatest investment that any of us have ever seen.  A lot of people talk about the “Bitcoin bubble”, but Bitcoin is only up about 600 percent over the last 12 months.  Dogecoin is up about 18,000 percent over the past year even though there is no restriction on how many Dogecoins can eventually be created.  There is absolutely no reason why any rational investor should be putting a single red cent into Dogecoin, and yet it just keeps going up.  In fact, at one point this week Dogecoin had a total market value “of almost $42 billion”

Initially started as a joke in 2013, dogecoin is now the sixth-largest digital coin with a total market value of almost $42 billion, according to CoinGecko. It takes its name and branding from the “Doge” meme, which depicts a Shiba Inu dog alongside nonsensical phrases in multicolored text.

It is hard for me to believe that “investors” are being so incredibly stupid.

Dogecoin was just supposed to be a meme, but thanks to relentless promotion by the “Dogefather”, one “investor” has seen the value of his Dogecoin holdings rise to 11 billion dollars

THE world’s first dogecoin billionaire watched their stock soar to $11 BILLION as the “joke” cryptocurrency boomed after Elon Musk dubbed himself the “Dogefather”.

Its value rocketed after the Tesla tycoon spoke out ahead of a much-hyped appearance on SNL suggesting he might talk about it on the hit show watched by millions.

This explosion in interest in Dogecoin is obviously going to spur Dogecoin miners to work harder than ever before.

And unlike Bitcoin, Dogecoin miners can keep creating more tokens forever and ever

Originally, Dogecoin had a hard limit of 100 billion tokens, similar to Bitcoin’s cap of 21 million tokens. However, the developers changed their plans in 2014, eliminating the supply constraints. In other words, as long as miners continue to build the blockchain, more Dogecoin will continue to wink into existence.

In fact, each time a block is verified, the miner receives a fixed reward of 10,000 Dogecoin tokens. Unless the code is rewritten, this will go on forever.

That’s a critical flaw.

“A critical flaw”?

That is quite an understatement.

But of course what is happening to Dogecoin is the same thing that is happening to our financial system as a whole.  Our leaders in Washington have been creating, borrowing and spending money at an absolutely insane pace, and the numbers that we are now witnessing would have been unimaginable at one time

On the fiscal side, Congress has allocated some $5.3 trillion toward enhanced unemployment compensation along with a variety of other spending programs that helped push the federal budget deficit to $1.7 trillion in the first half of fiscal 2021 and has sent the national debt soaring to $28.1 trillion. Congress also is considering a $1.8 trillion infrastructure plan from the White House.

The Fed also has come through, cutting its benchmark short-term borrowing rate to near zero and buying nearly $4 trillion worth of bonds, pushing its balance sheet to just shy of $8 trillion.

Almost everyone is cheering the fact that the Fed balance sheet is ballooning dramatically.

And almost everyone is cheering all of the “free money” that the federal government is handing out.

But the truth is that we are going down the same road that so many other troubled nations have gone down throughout history, and there is no way that this story is going to end well.

As I have been detailing in recent articles, we are already starting to see very painful inflation, and major corporations are now warning that even more inflation is on the way

Toilet paper, baby care products, soft drinks and many other everyday products are about to get more expensive.

Procter & Gamble, Kimberly-Clark and Coca-Cola have all warned that they’ll raise prices on many of their products as raw material costs rise. Plastic, paper, sugar, grain and other commodities are all getting more expensive as demand outpaces supply. Companies are also paying more for shipping as fuel costs rise and ports experience longer delays because of congestion.

Yes, you may cheer when you get a check for a few thousand dollars in the mail from the government, but that is just a temporary sugar high.

Unfortunately, the dramatic increase in the cost of living that we are starting to experience will be permanent.

Of course it isn’t just the U.S. government that is engaging in this sort of behavior.  Governments all over the globe have been flooding their financial systems with money, and this is setting the stage for much higher food prices and “periods of social unrest”

Today, DB’s Jim Reid picked that chart as his “Chart of the day”, repeating what readers already know, namely that Bloomberg’s agriculture spot index has risen by c.76% year-on-year, noting that “that’s the biggest annual rise in nearly a decade, and there are only a couple of other comparable episodes since the index begins back in 1991.”

Like us, Reid then patiently tries to explain to all the idiots – like those employed in the Marriner Eccles building – that the importance of this record surge “extends far beyond your weekly shop, as there’s an extensive literature connecting higher food prices to periods of social unrest.”

Needless to say, the scenario that we are seeing play out right in front of our eyes is perfectly in line with warnings that I issued in my most recent book.

At this point, the powers that be have shown no indications that they plan to reverse course, and so that means that we will be steamrolling into a future of much higher prices, growing global hunger and widespread civil unrest.

That is what is real.

What isn’t real are all of the absolutely ridiculous bubbles that we are witnessing in the financial markets.

Dogecoin may be the most absurd of them all, but every single one of them will end up bursting by the time it is all said and done.

*  *  *

Michael’s new book entitled “Lost Prophecies Of The Future Of America” is now available in paperback and for the Kindle on Amazon.

Tyler Durden
Fri, 04/30/2021 – 16:20

via ZeroHedge News https://ift.tt/335PcqZ Tyler Durden

New Article: What Happens if the Biden Administration Prosecutes and Convicts Donald Trump of Violating 18 U.S.C. § 2383?

The Illinois Law Review has published an expansive online symposium on President Biden’s first 100 days in office. There are more than thirty submissions from a wide range of law professors. Seth Barrett Tillman and I submitted an article titled “What Happens if the Biden Administration Prosecutes and Convicts Donald Trump of Violating 18 U.S.C. § 2383?” This article is based on a blog post we wrote for the Volokh Conspiracy in February. Over the past two months, we have substantially expanded our research on Section 2383, and its relation to the 14th Amendment.

Here is the abstract:

President Trump’s term in office has drawn to a close, and the Biden administration has begun. Attorney General Merrick Garland will soon face a difficult decision: Should he pursue a criminal prosecution of Trump for his conduct leading up to, and during the events of January 6, 2020? One possible basis for prosecution would be under the Insurrection Act, 18 U.S.C. § 2383. This statute provides:

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

In this Article, we take no position whether Trump committed the substantive offenses of inciting or engaging in an insurrection. Rather, we will analyze the potential legal consequences of convicting Trump under this statute. Specifically, what would it mean for Trump to be “incapable of holding any office under the United States.” Would this punishment disqualify Trump for serving a second term as President, should he be elected?

Attorney General Garland’s decision will be complicated because there are no settled authorities to answer these legal questions. He will also face tough political choices. Any prosecution could be seen as an effort to disqualify the presumptive Republican nominee for President in 2024. In effect, a Biden Administration prosecution could knock out its most likely political opponent. A substantial segment of the public may view the Attorney General as disenfranchising tens of millions of voters. This decision is fraught with difficulty.

However, we think Garland’s decision is simpler in one regard: Trump’s conviction under § 2383 would not prevent his serving in the White House again. In our view, if Trump were convicted of violating § 2383, he would be disqualified from holding appointed federal positions. However, that conviction would not disqualify him from holding the presidency or any other elected federal position. We think our reading is correct as a matter of original public meaning with respect to the Constitution of 1788. And this conclusion is unchanged by Sections 3 and 5 of the Fourteenth Amendment. Our position is supported by modern Supreme Court and other federal court precedent.

In our view, even if Trump were convicted of violating § 2383, he would not be disqualified from serving a second term as President.

This Article proceeds in five parts. Part I explains that under the Constitution of 1788, Congress cannot add qualifications for elected federal officials. To illustrate our position, Part II analyzes an anti-bribery statute that the first Congress enacted in 1790. This statute imposes additional qualifications on certain federal positions. But, we argue, it should not be read to impose additional qualifications on elected federal positions. In Part III, we consider whether our general position is altered by the ratification of the Fourteenth Amendment. In other words, do Sections 3 and 5 of the Fourteenth Amendment give Congress the power to impose additional qualifications on holding elected federal positions? Part IV traces the history of the Insurrection Act, 18 U.S.C. § 2383. The Insurrection Act has remained virtually unchanged since President Lincoln signed it into law in 1862. This law should not be read to impose additional qualifications on elected federal officials. Finally, in Part V, we consider an amended, hypothetical version of § 2383 in which Congress expressly invoked its powers under Sections 3 and 5 of the Fourteenth Amendment. Even under this hypothetical statute, we still do not think Congress could disqualify former President Trump from serving a second term in office.

And from our conclusion:

We think it unlikely that the Biden administration will bring a criminal prosecution against former President Trump. We also think a conviction unlikely should he be prosecuted. But even if Trump were convicted of violating 18 U.S.C. § 2383, we do not think he would be disqualified from running for and serving a second term as President, should he win re-election.

Going forward, the Biden Department of Justice faces a difficult choice. There are legal and political upsides and downsides to prosecuting Trump under § 2383. If Trump were convicted, it may lead some people to conclude that he is disqualified from running for and serving a second term as President should he win re-election. We think this issue is far from clear, but recognize that election boards, courts, and even Congress could reach that conclusion in good faith.88 But what if Trump were acquitted of a § 2383 charge? Trump could credibly argue on that basis that he did not engage in insurrection, and thus did not run afoul of Section 3. (In much the same way, Trump could cite his two acquittals from impeachment trials as proof of his exoneration.) The decision to bring this prosecution will be made at the highest levels of the Department of Justice, likely by Attorney General Garland. And we suspect these legal and political risks would factor into the future Attorney General’s decision. Yet, even if Trump is prosecuted and convicted, the scope of disqualification would remain for another day.

We welcome any comments.

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Tennessee Man Arrested for Posting Picture Mocking Dead Police Officer Files First Amendment Lawsuit


matt-popovich-7mqsZsE6FaU-unsplash

A Tennessee man is suing state and local law enforcement officials for violating his First Amendment rights after he was arrested and charged with harassment for posting a meme mocking a dead police officer.

Joshua Garton filed a federal civil rights lawsuit on Tuesday in the U.S. District Court for the Middle District of Tennessee alleging malicious prosecution, false arrest, and First Amendment retaliation for his January arrest by the Dickson Police Department.

The Dickson Police Department, following an investigation by the Tennessee Bureau of Investigation (TBI), arrested and charged Joshua Garton on January 22 with harassment after Garton posted a picture to Facebook that appeared to show two men urinating on the tombstone of Sgt. Daniel Baker, who was shot and killed on duty in 2018. Garton was held on a $76,000 bond.

Garton’s attorney, Nashville civil rights lawyer Daniel Horwitz, said in a statement that the case against Garton was a “despicable and unconstitutional malicious prosecution.”

“There are actual consequences for flagrantly violating the First Amendment,” Horwitz said. “Unfortunately, taxpayers will have to pay a significant penalty because District Attorney Ray Crouch, the Tennessee Bureau of Investigation, the City of Dickson, and their agents and employees are constitutionally illiterate.”

The agency launched the investigation at the request of 23rd District Attorney General Ray Crouch. “Agents subsequently visited Baker’s gravesite this morning and determined the photograph was digitally manufactured,” a TBI press release on Garton’s arrest said.

The picture Garton posted was in fact a doctored photo of the cover of “Pissing on Your Grave,” a single by The Rites, which originally depicted two people urinating on the tombstone of punk legend GG Allin.

The First Amendment firmly protects the right to post distasteful, offensive images and words. For example, in 2019 an Iowa man won a lawsuit after he was charged with third-degree harassment for saying online that a sheriff’s deputy was a “stupid sum bitch” and “butthurt.”

Nevertheless, Garton was interviewed by Dickson police officers, and according to an affidavit, “Garton was told that the image he posted did cause emotional distress to the family of Sgt. Baker as well as the law enforcement officers from Dickson County.”

“He has a right to post. That doesn’t mean there are no consequences,” Dickson Police Captain Donald Arnold wrote in one of several text messages included as exhibits in Garton’s lawsuit.

The arrest drew local and national attention, and condemnation from First Amendment experts, who said the post was clearly protected speech. According to other records released in Garton’s lawsuit, it also led to a flood of angry callers at all of the agencies involved.

“The trolls will do what trolls do,” TBI Director David Rausch wrote in another text. “It appears they and the lawyers forget that there are surviving family members who have rights as well.”

A judge dismissed the case against Garton, finding no evidence of harassment.

“That is not good,” Rausch texted after the judge’s ruling. 

Garton’s lawsuit seeks $1 million in damages and names Crouch, officials from the TBI, the city of Dickson, and several Dickson police officers as defendants.

The TBI did not immediately respond to a request for comment.

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Dollar Dumps In April As S&P Does Something It’s Never Done Before

Dollar Dumps In April As S&P Does Something It’s Never Done Before

April saw gold, bonds, and stocks (The Dow) all rise around 2% while the dollar fell around 2% against its fiat peers

Source: Bloomberg

All major US equity indices ended April higher with Nasdaq 100 leading the way and Small Caps lagging…

Source: Bloomberg

And while the 5%-ish gain for the month in S&P is notable, during 18 sessions this month through trading on Thursday, 95% or more of the index’s members traded above their 200-day moving average.

Source: Bloomberg

That’s the most days ever observed in a single calendar month and double the previous high of nine days in September 2009.

Source: Bloomberg

“The fact that 95% of the S&P 500 is now above its 200-day moving average is NOT a bullish sign,” Matt Maley, chief market strategist for Miller Tabak + Co., wrote in an April 26 note.

“Yes, a high number of stocks above their 200 DMA’s is usually positive, BUT it is NOT bullish when the number becomes extreme (like it is now…at 95%). In other words, this data point is much like sentiment. When it is strong, it is positive…but when it becomes extreme, it becomes a contrarian indicator!”

Remember, if stocks are up…

Trannies continue their all-time record streak of weekly gains (now 13 weeks in a row) while the other US majors struggled on the week (with Nasdaq 100 the biggest laggard)…

Source: Bloomberg

Financials managed to lead the S&P sectors on the month (despite lower yields) and the Energy sector was laggard (despite surging oil prices)…

Source: Bloomberg

Despite crushing earnings this week, FAAMG stocks went nowhere (though were up large on the month)…

Source: Bloomberg

Treasury yields were lower on the month with the long-end down 11bps, 2Y unch. This was the first monthly drop in yields since November (and biggest 10Y Yield drop since July)

Source: Bloomberg

Treasury yields were higher on the week with the long-end up around 7bps

Source: Bloomberg

April saw Real Yields tumble (and drag gold higher with them)…

Source: Bloomberg

April saw the dollar on a one-way dump all months, ending down almost 2% – the first monthly loss since Dec 2020. The last three days saw the dollar whipsawed as Fed losses were reversed and stops run…

Source: Bloomberg

Bitcoin surged today, reversing some of April’s Ethereum outperformance…

Source: Bloomberg

Ripple was up 177% in April, Ethereum was up 43%… and Bitcoin slipped 3%…

Source: Bloomberg

After reaching record highs at $65,000, Bitcoin saw its first monthly loss since September…

Source: Bloomberg

Ethereum ended the month at its record highs, despite a couple nasty drawdowns…

Source: Bloomberg

Commodities soared in April – the best monthly return since Feb 2014

Source: Bloomberg

Copper was among the best performers in April – back near record highs – and crude also performed well. Gold saw its first positive month of the year..

Source: Bloomberg

Copper and Crude rallied this week as PMs modestly lagged.

Source: Bloomberg

Commodities are the top-performing asset for the first time since 2002…

Finally, after 8 straight months of yields rising with soaring commodity prices, April saw that correlation regime collapse with bonds bid (yields dropping) despite spike commodity prices.

Source: Bloomberg

We wonder who’s right? Bonds or Commodities?

Depends if you trust ‘real’ economic data or ’emotion’-based surveys?

Source: Bloomberg

“Hope” is still not a strategy.

Tyler Durden
Fri, 04/30/2021 – 16:00

via ZeroHedge News https://ift.tt/3vDzhwB Tyler Durden

Tepid Reopenings Are Producing the Most Absurd Pandemic Regulations Yet


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The most COVID-cautious local and state governments are slowly easing their pandemic-era restrictions. These gradual reopenings, while welcome, are producing increasingly absurd and complicated rules for newly liberated businesses.

Earlier this week, Washington, D.C., Mayor Muriel Bowser issued an order eliminating some restrictions on restaurants, permitting live entertainment, and expanding capacity for retailers and other businesses. Come May 1, District dining rooms be allowed to seat 10 people per table (up from the current six), while restaurants can begin to host live entertainment without first having to obtain a special waiver.

Actual concert halls will also be allowed to reopen at 25 percent capacity or 500 people, whichever is less. Retailers deemed “nonessential” will see their own permitted capacity rise from 25 to 50 percent.

These changes all move D.C., where 33.6 percent of people are at least partially vaccinated, ever so slightly toward a pre-pandemic normal. They also come with a number of carveouts and caveats that will limit their impact.

While individual party sizes at restaurants are increasing, for instance, restaurants’ indoor capacity will stay at 25 percent. A midnight curfew for these businesses will remain in place as well.

People seated outdoors will be freed from the requirement to order food with any alcohol. Should you opt to sit inside, however, you will need to buy a snack while you’re sipping on your beverage.

The restrictions on newly legal live entertainment come with even more micromanagement.

Bowser’s order allows live music for outdoor diners, and for other forms of live entertainment, like comedy or trivia nights, to be performed inside for seated patrons. Indoor live entertainment can’t be so loud that patrons would need to raise their voices above a conversational level, per the mayor’s order.

The city’s Alcoholic Beverage Regulation Administration (ABRA) has concocted more rules still to bring the mayor’s orders into effect. Under ABRA regulations, performers must stay six feet away from other performers within a designated “performance area.”

That performance area, meanwhile, can hold 10 people if it’s inside, or five if it’s outdoors. That might help cut down on outdoor noise volumes but would seem to cut against the public health goal of pushing more people and activities into well-ventilated outdoor spaces.

At a minimum, prog rock bands playing outside will be put in the impossible position of choosing between their rhythm guitarist and keyboardist.

All live entertainers must remain masked, per ABRA rules, unless doing so inhibits their ability to perform. Unmasked performers, such as vocalists, trombonists, and harmonica players, however, will have to be 18 feet from seated patrons. Their face-covered bandmates can get as close as 12 feet.

“No dance floors can be constructed or used for dancing,” reads ABRA’s guidance, which also says that games like pingpong, pinball, and pool will remain prohibited unless they can be played safely by seated patrons.

The problem with D.C.’s approach to reopening is twofold: They’re unworkable for businesses that’ll have to comply with them, and they’re an unsupported, seemingly nonsensical, means of stopping the spread of COVID-19.

“The average commercial townhouse in Washington, D.C., is 20 feet wide,” Bill Duggan, owner of Madam’s Organ Blues Bar, told me last week, saying that rules governing the space between performers and patrons don’t take into account the size of most venues in the city. “Unless I can figure out a way to hang up the three or four people that could fit into that space on the wall, I’m shit out of luck.”

Duggan has proposed letting all venues reopen on the condition that performers, staff, and customers all have been vaccinated.

One need not necessarily support “vaccine passports” to at least recognize they’re a rational means of ensuring safer environments. One can’t say the same thing about District rules that allow you to drink inside only so long as you’re eating, or to visit a bar with 10 vaccinated friends, but not 12 of them.

An over-cautious, over-regulated reopening also contributes to the real problem of vaccine hesitancy.

If getting your shot still doesn’t allow you to get a shot at the bar (ABRA rules forbid bar seating if someone is working behind it), many will reasonably ask themselves what the benefit of getting vaccinated is.

Rather than try to entice those people with the promise of greater normality and freedom, the District appears to be doing its best to make May 2021 as similar an experience to May 2020 as possible.

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