Mississippi Today
Welfare scandal defendant sues Gov. Tate Reeves, claims he’s protecting himself and political allies
A defendant in the state’s welfare scandal lawsuit sued Gov. Tate Reeves on Wednesday, claiming the governor is illegally controlling the lawsuit to protect himself and political allies including former Gov. Phil Bryant and Republican-leaning SuperTalk radio.
The lawsuit calls for an injunction removing Reeves from control of the state’s lawsuit regarding the welfare scandal and for the governor to repay the state millions of dollars for money spent on a private audit and private law firm.
The lawsuit also includes previously unreleased text messages about Reeves from officials with a drug company, Prevacus, championed by former NFL star Brett Favre. Authorities say the company illegally received welfare money. The lawsuit says the messages show Bryant — who “Defendant Reeves refuses to sue” — persuaded Prevacus to support Reeves to continue the flow of welfare funds to the company.
As Reeves was running for governor and Bryant was preparing to leave office, the head of the drug company, Jake Vanlandingham, texted, “Tate Reeves is our new guy,” to his company’s board members, and that he was going to meet with Bryant and Reeves, “Hoping to keep that non-dilute (funding) running our way!!” Non-dilutive is funding for a company where the company loses no equity.
One board member responded, “A very sweet deal. Who do we send campaign contributions to?” Vanlandingham, who is now a defendant in the state lawsuit, responded Reeves.
Another board member commented, “Let me get this process down correct. We get $2 million from MS Gov Office and we ear mark some of the funds to the next MS Gov. Campaign fund. America at its best.”
Vanlandingham responded, “Haha. Not the case.” A few days later, he messaged Favre that he was about to meet with Reeves and, “… we get more grant funds first week of July.” He later texted Favre that he “had a good talk with Tate Reeves.”
Reeves is ‘refusing to sue Bryant’ and SuperTalk radio
The lawsuit was filed by Austin Smith, the nephew of former convicted welfare chief John Davis and former manager of two programs targeted in state and federal investigations. The state is suing Smith for nearly $500,000. He’s one of 47 defendants from whom Mississippi is trying to claw back millions in misspent or stolen welfare money. Attorney Jim Waide, who is representing Smith, has previously claimed in court filings that Reeves and former Gov. Phil Bryant should be defendants in the state’s case.
The new lawsuit claims Reeves is refusing to sue Bryant, even though “there is overwhelming evidence of Bryant’s direct involvement” in both funding the drug company and providing $6 million in welfare funds for a volleyball stadium at Bryant’s and Favre’s alma mater, the University of Southern Mississippi. The lawsuit notes a separate criminal defendant in the scandal has alleged Bryant, who has not been charged by state or federal authorities, directed payments of over $1 million to Favre.
A Reeves spokeswoman issued only a short response when asked about the lawsuit Wednesday: “The State of Mississippi is fighting to claw back every single dollar that was misspent in the scandal that occurred before Governor Reeves assumed this office.”
The lawsuit also claims Reeves is neglecting to sue Telesouth Communications Inc., which operates the SuperTalk radio network. It says that the network received $600,000 in welfare funds for advertising that was “made without the fair and open competition required by federal regulations.” The lawsuit refers to SuperTalk as “the Republican Party’s chief media advocate,” and not suing SuperTalk while suing “politically powerless defendants” such as Smith is an abuse of process, arbitrary government action and a denial of equal protection of the law.
Is Reeves in charge of investigating himself?
Reeves made clear last year that he was calling major shots in the state investigation and lawsuit to recoup millions in stolen or misspent welfare money. The Mississippi Department of Human Services, in charge of the welfare spending, reports to the governor’s office. Reeves had dismissed — for political reasons — the private attorney who had been handling the case for the state. The state auditor, who first uncovered the massive fraud and scandal, said this move by Reeves was a mistake.
After the state hired a Jackson-based law firm — a campaign donor to Reeves — to take over the suit, the governor vowed the state “will vigorously pursue this case … wherever it leads,” and will “eagerly cooperate with … criminal investigators” also probing the scandal.
Last year, Waide asked the state court to examine whether Reeves is controlling the case to protect himself and his supporters. He said Reeves should be a target of the welfare lawsuit, not in charge of it.
The new lawsuit filed this week claims Reeves, who oversees the state’s welfare agency, lacked legal authority to spend $2 million in welfare funds to hire a private accounting firm “to duplicate an audit already lawfully performed by the state auditor.” Mississippi Today reporting last year showed the MDHS director Reeves appointed pushed to limit who and what the hired audit could examine, and he tried to keep the state auditor and other law enforcement agencies out of the mix. A deputy state auditor referred to the audit as a “whitewash.”
READ MORE: ‘A whitewash’: Emails show MDHS pushed to hamstring probe into welfare misspending
The new lawsuit said Reeves also lacked authority to hire a private law firm to handle the state’s lawsuit to recoup money, and that the use of welfare money to pay the law firm violates federal law.
Reeves involvement in the welfare scandal questioned
The lawsuit also claims “Reeves may have been involved in” a transaction with his former personal trainer, Paul Lacoste, another defendant in the state lawsuit.
Mississippi Today reports have previously uncovered text messages that connect the governor to Lacoste. The texts show former welfare director John Davis, who has pleaded guilty to federal and state criminal charges in the scandal, directed a subordinate to send $1.3 million in welfare funds for “the Lieutenant Governor’s (Reeves’) fitness issue.”
Mississippi Today has also reported texts that show the governor’s brother, Todd Reeves, coordinated with state Auditor Shad White on damage control for former NFL star Brett Favre. An audit revealed the athlete had received $1.1 million in welfare funds for speeches the auditor said Favre never made. Todd Reeves also had arranged conversations with Gov. Reeves so that Favre could ask for the governor’s help in funding a volleyball stadium at the University of Southern Mississippi, a key focus of investigation to date into the welfare scandal.
Reeves last year said he dismissed the attorney who had been handling the case for the state. That lawyer, former U.S. attorney Brad Pigott, was removed from the case after he attempted to subpoena the University of Southern Mississippi Athletic Foundation’s communication with former Gov. Phil Bryant and others. Authorities say $5 million in welfare money was improperly diverted to build the volleyball stadium at USM.
Reeves’ staff had already forced Pigott to remove the university’s athletic foundation — whose board is made up of many of Reeves’ major campaign donors — from the civil suit.
Reeves said he ousted Pigott, who had worked on the case for about a year, because he wasn’t up to the task of such a large lawsuit and that Pigott had a “political agenda” and craved the media spotlight. Pigott said he was fired on Reeves’ orders because he sought communications between the USM foundation, Bryant, Bryant’s wife, Deborah, and Favre involving the stadium.
Should Reeves recuse himself?
John Pelissero is an author and expert on government ethics. He is a longtime political science professor and former provost at Loyola University Chicago and a senior scholar in government at the Markkula Center for Applied Ethics at Santa Clara University.
Pelissero said he believes Reeves “should recuse himself from being directly involved in this investigation” and making decisions such as which lawyers to hire or fire.
Pelissero said that even if there was no wrongdoing by Reeves, the basic tenets of government ethics would call for him to bow out of the mix because of questions about him and his brother, campaign contributions Reeves accepted from defendants and other issues.
“I would think the governor would recuse himself from being directly involved in this based on a couple of things … One, the governor is alleged to have steered some of the funds, these welfare funds, to other projects,” Pelissero said. “Two, he’s got a family member who has some involvement with one of the individuals being sued, that being the former quarterback.
“… There are two broad ethical categories here,” Pelissero said. “One is the question of whether there is a direct violation of law or policy … But the other ethical issue that arises is when there simply appears to be the possibility something unethical is going on. That perception can be just as corrosive to trust in government as a legal or policy violation.”
Attorney General hasn’t filed state charges in scandal
Attorney General Lynn Fitch’s office is ostensibly co-counsel in the case, and has signed off on hiring attorneys and other matters. But the state’s chief legal officer has publicly shown little interest in and had scant comment about the case. Fitch, notably, has not filed any state charges in what state Auditor Shad White called the “largest public embezzlement case in state history.” Since White first uncovered misspending four years ago, state criminal prosecution has been left up to the local Hinds County district attorney’s office, with Reeves and others vowing the state is cooperating with federal investigators.
Fitch did not respond to questions about Reeves’ making it clear he is in charge of the investigation and lawsuit, or whether she believes she or someone else should be in charge and Reeves not involved given questions about his possible conflicts. The new lawsuit contends that only Fitch has the authority to handle the suit and that her office should fund any private attorneys, who should be hired on a contingency fee basis.
In the past, Mississippi attorneys general have jealously guarded their authority to bring and control lawsuits on behalf of the state or agencies, and clashed with governors. Former Gov. Kirk Fordice in the 1990s attempted to prevent Attorney General Mike Moore from suing tobacco companies on behalf of the state. Moore prevailed.
State legislative leaders have likewise shown little interest in getting to the bottom of the scandal, preventing such from happening again or the state’s efforts to recoup stolen or misspent millions.
When asked whether, given questions about Reeves’ own involvement or his brother’s, they believe Reeves should still be in charge of the state’s investigation and lawsuit, Fitch, House Speaker Philip Gunn and likely next House Speaker Rep. Jason White declined comment.
A source close to the House leadership said, “the House leadership has not been privy to, nor kept in the loop on, the investigation and is not aware of anyone in the Legislature being informed or updated on the investigation and litigation.”
A spokeswoman for Lt. Gov. Delbert Hosemann said: “Our understanding is that the Attorney General’s Office represents the state (in the litigation).”
New lawsuit claims Reeves should repay state for airplane use
Eight people have been criminally charged in the welfare scandal. Seven have pleaded guilty, but remain free with sentencing postponed for agreeing to cooperate with prosecutors.
Federal authorities continue investigating, but have been silent about the investigation or anyone else who may be under scrutiny. Mississippi has long been without a permanent U.S. attorney to oversee the case, until the U.S. Senate broke an impasse on Sept. 29 and confirmed Todd Gee, a U.S. Department of Justice veteran overseeing public corruption cases.
The lawsuit filed on behalf of Smith in Hinds County Circuit Court on Wednesday claims Reeves is suing some people who will already be required to pay the money back because of federal law, and suing others who are “judgement proof” — with little or no means to repay large sums of money.
The new lawsuit also contains what appears to be an odd aside: It says Reeves should be liable for his use of the state airplane “for political purposes.” Mississippi Today recently published reports that Reeves has spent at least $31,000 using the state plan for apparent political trips.
“If low-level, local government employees are criminally prosecuted for embezzlement when they allegedly use government property for non-governmental purposes, then a state official should, at least, be held civilly liable for his or her use of a state airplane for non governmental purposes,” the lawsuit reads.
Smith in the lawsuit is specifically asking for: a trial by jury, a judgment for the benefit of MDHS for money paid for the second state audit and for private attorneys, an injunction removing Reeves from control of the lawsuit, a judgement for Reeves to repay the state for use of the airplane, and reasonable attorneys’ fees.
Mississippi Today reporter Anna Wolfe contributed to this report.
Update 10/11/23: This story has been updated from its original version to include a statement from Gov. Tate Reeves’ office.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
On this day in 1867
Nov. 23, 1867
The Louisiana Constitutional Convention, composed of 49 White delegates and 49 Black delegates, met in New Orleans. The new constitution became the first in the state’s history to include a bill of rights.
The document gave property rights to married women, funded public education without segregated schools, provided full citizenship for Black Americans, and eliminated the Black Codes of 1865 and property qualifications for officeholders.
The voters ratified the constitution months later. Despite the document, prejudice and corruption continued to reign in Louisiana, and when Reconstruction ended, the constitution was replaced with one that helped restore the rule of white supremacy.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Crystal Springs commercial painter says police damaged his eyesight
CRYSTAL SPRINGS – Roger Horton has worked decades as a commercial painter, a skill he’s kept up with even with the challenge of having what his wife has called “one good eye.”
It hasn’t stopped him from being able to complete detailed paint jobs and create straight lines without the help of tape. But last year following a head injury, he and others said people have been pointing out a change in his work. Horton says the sight in his right eye is clouded, like he is looking underwater.
Affected vision, short term memory and periods of irritability – potential symptoms of concussion – followed after he was arrested last September. During an encounter with several police officers, Horton alleges more than one slammed his head into a cruiser and placed handcuffs on so tight that he started to bleed.
“(The officer) was kind of rough with me and all, and he takes my head and I said, ‘What’d I do?’” he recalled recently.
Horton ended up being convicted of two misdemeanor charges and has paid off the fines, but a year later he still has questions about the arrest and treatment by the police.
To date, he has not seen a doctor to evaluate his eye and check for vision or cognitive issues. Horton and his wife Rhonda don’t have a car, and transportation to doctor’s appointments in the Jackson area remains a challenge.
The Hortons have lived in Crystal Springs all their lives, and they have lived in the home the past five years that belonged to Rhonda’s mother.
More than a quarter of all people in Crystal Springs live below the poverty line, and that includes the couple. Rhonda Horton said it’s hard to make a living because there aren’t a lot of jobs, but they support themselves as painters.
That’s how they met Yvonne Florczak-Seeman, who lived in Illinois and purchased her first historical property in Crystal Springs in 2019. She splits her time between the two states.
“We painted that porch bar and the rest is history,” Rhonda Horton said, adding that they went on to complete detailed work on mantles, kitchen cabinets and a cigar room at Florczak-Seeman’s North Jackson Street residence.
Over the years, the couple built a relationship with Florczak-Seeman, who is seeking to open a women’s empowerment center called the Butterfly Garden, in the building next to city hall.
Florczak-Seeman has supported the couple numerous times, including helping them pay a late water bill and offering them work. She called them talented painters and hired them again to paint the interior of the future center, located at East Railroad Avenue.
In pieces, Rhonda Horton told Florczak-Seeman about her husband’s arrest and later the injuries she said he sustained from it. Florczak-Seeman had questions about the encounter and other potential injustices at play, so she offered to help.
“I just want them to pay for what they’ve done not just to him, but everybody,” Rhonda Horton said. “That’s what I want, justice.”
The Arrest
On Sept. 24, 2023, Horton was walking home from a friend’s house when officers approached him. One grabbed his arms to handcuff him, and he remembers them cutting his wrist and causing it to bleed.
Then, he said, a second officer slammed his head into the top of the police car, followed by another officer who slammed his head again. During the encounter, a bag of marijuana that Horton said he found fell out of his pocket onto the ground.
An officer put Horton in the back of the cruiser and took him to the station where Horton asked to speak to the police chief and call his wife. He said the police took his phone and clothes.
Afterward, he was taken to the Copiah County Detention Center in Gallman.
Police Chief Tony Hemphill disputed Horton’s allegation of mistreatment, saying he did not sustain any injuries that required hospitalization. He said Horton’s wrist was cut while he resisted arrest.
“He was not brutalized and targeted,” Hemphill said. “If he had just complied, he wouldn’t have had to come up there (to jail) that night.”
Two police reports from the night of the September 2023 arrest detail how officers had responded to a possible assault and were given the description of a white man. While in the area, they encountered Horton — the only person who fit that description.
Hemphill said a mother called police after her daughter told her she was assaulted. He said officers approached Horton on the street and tried to talk with him to rule him out as a suspect.
That’s when Horton began “fighting, pulling away, and kicking against (the officer’s) patrol vehicle, trying to run,” according to a police report from the night and Hemphill. Horton denies doing any of that.
The next day police took Horton from the county jail to the Crystal Springs police station. There, police informed him a teenage girl reported being assaulted. After learning about the assault allegation, Horton remembered feeling shocked and saying it couldn’t be true because he was not on the street where the alleged incident took place.
Hemphill confirmed the police investigated the assault allegation and found it not credible, meaning Horton wouldn’t face any related charges. He said he communicated this to Horton and his wife early on and since then, which the couple disputes.
As Horton was being arrested and detained, his wife grew worried because she had just spoken with him on the phone and expected him to arrive home shortly. Rhonda Horton and her adult son started calling Roger’s phone, each not getting an answer.
Then during one of the calls by her son, someone who did not identify himself answered Roger’s phone and said, ‘Your daddy’s dead’ and then hung up, Rhonda Horton said.
She was starting to assume the worst had happened. Rhonda Horton wouldn’t have confirmation her husband was alive until he called from the county jail in the early morning.
The next morning as she talked with the police chief, Rhonda Horton asked the chief about who answered the phone and told her son that Roger was dead. The chief told her the person who answered must have been from the county.
Hemphill later told Mississippi Today that he did not know about the call and that type of behavior by his staff “is not going to be tolerated.” Similarly, Copiah County Sheriff Byron Swilley said he had not heard about it and could not say whether a member of his department made the comment to Rhonda and Roger Horton’s son.
A Sept. 25, 2023, citation signed by Hemphill, shared with Mississippi Today, summoned Roger Horton to municipal court for the misdemeanor charges of possession of marijuana and resisting arrest and directed him not to have contact with the alleged victim in the assault case. No contact orders are typically for cases such as domestic violence and sexual assault and they are set by a judge.
LaKiedra Kangar, who works in municipal court services, said the no contact order was put in place because of the assault allegation. She confirmed Horton was not charged with the offense following the police department’s investigation of the allegation.
Weeks passed. Roger Horton went to court for the misdemeanor charges, to which he pleaded guilty. Felony assault charges were not part of the hearing. Municipal Court Judge Matthew Kitchens ordered Roger to pay over $900 in fines for the misdemeanors.
Horton was able to pay for some of the fine through at least 10 hours worth of court-ordered community service, which he said involved painting buildings for the city.
Months later after learning about Horton’s arrest and how he said the police treated him, Florczak-Seeman said she wanted to know more. Horton didn’t have access to his arrest documents, so she accompanied him and his wife to the police department to ask for them.
The first visit, Horton asked but did not receive the arrest report. Florczak-Seeman asked if he had a fine for any of the charges, which police said Horton did even after completing some community service hours. Florczak-Seeman paid for the remaining balance and had him work for her for two days to pay that off.
This year, they went to the police department a second time so Horton could ask for his arrest paperwork. An officer told him he didn’t need it and that the rape allegation had been investigated and found not to be credible, Horton told Mississippi Today.
Florczak-Seeman asked why Horton couldn’t receive the report. She said Hemphill asked if she was Horton’s attorney, and Florczak-Seeman clarified she was his representative.
The chief left for a few minutes and returned with two pieces of paper and handed them to Horton. Hemphill told Mississippi Today he did not recall whether he was the one who handed the report to Horton.
Florczak-Seeman took the document from Horton and began to read it as they stood in the lobby. She said she was horrified to see the name of the alleged, underage victim and her address in the report.
Hemphill said the victim’s personal information should have been restricted and not doing so was an oversight.
After reading the report, Florczak-Seeman went down the street to the mayor’s office at city hall to explain what happened, and how she believed the mayor had grounds to fire the police chief because he provided that document to Roger with the alleged victim’s information.
Mayor Sally Garland confirmed she had a conversation with Florczak-Seeman about the police chief’s employment.
She said she reviews all complaints about city officials, and Garland said she goes to the department head to get a better understanding of the situation. If she determines there are potential grounds for termination, a hearing would be scheduled with the Board of Aldermen, and the group would vote on that decision.
Garland did not find grounds for termination, and Hemphill remains police chief.
A Strange Visit
The Hortons and Florczak-Seeman hadn’t given much thought about the 2023 arrest, until weeks ago when a teenaged girl suddenly showed up in Florczak-Seeman’s yard.
At the end of September at the North Jackson Street home, Florczak-Seeman heard screaming and found the teenage girl who came onto her property. She asked what was wrong, and the teenager said she was chased by a dog, which Florczak-Seeman and Rhonda Horton did not see.
The teenager asked for a soda, and Rhonda Horton went inside to get one. Florczak-Seeman asked where the teenager lived, and she gave an answer that Florczak-Seeman said conflicted with what two girls who were standing nearby on the public sidewalk said she told them.
Then Florczak-Seeman asked the teenager’s name and recognized it as the name of the alleged victim on Horton’s arrest record. Immediately, Florczak-Seeman said she turned to Horton and told him to stay back, and she told the teenager to get off her property, which she did.
At the moment, they were not able to verify whether the teenager was the alleged victim from the report. Neither the Hortons nor Florczak-Seeman had seen her before, and they only knew her name from the arrest report.
“That didn’t make sense at all,” Rhonda Horton told Mississippi Today.
Florczak-Seeman called 911 to report the situation and ask for police to come, which they did not. Hemphill told Mississippi Today a dispatcher informed him about the call with Florczak-Seeman, including details with the teenage girl and how she wanted to report the girl for trespassing.
Florczak-Seeman is one of the people who have noticed a difference in Horton’s vision. It’s clear when comparing the detailed and clean paint job Roger completed at her Jackson Street property in 2019 and the center where he painted last year.
During an interview at the center in October, Florczak-Seeman pointed to the ceiling and noted spots that Horton did not paint. She remembers telling him about them and realized that he couldn’t see them.
“The spots on my ceiling are still not painted, and they’re not painted as a reminder of the injustices that happened in this situation and why I got involved,” Florczak-Seeman said.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Job opening: Jackson Reporter
Mississippi Today, a Pulitzer Prize-winning newsroom focused on investigative and accountability journalism, is building a dedicated team of reporters to provide in-depth coverage of Jackson, Mississippi.
As the state’s largest and capital city, Jackson matters greatly to us and all Mississippians. Launched in 2016 as the state’s flagship nonprofit newsroom focused on Mississippi government and policy, Mississippi Today is focusing our lens beyond the statehouse and to the city of Jackson, serving our readers with the watchdog reporting they’ve come to expect from Mississippi Today. Our newsroom, with a proven record of providing impactful government accountability, aims to serve the city more directly with this team.
Our Jackson team will focus on sharp investigative reporting, watchdog accountability journalism and meaningful cultural storytelling. We aim to both elevate the voices of those working for positive change in the community while offering a balanced perspective on the city’s obstacles and triumphs. Our goal is to deliver impactful, honest journalism that will inform, inspire and empower Jackson’s citizens.
The team will be led by Pulitzer Prize winner Anna Wolfe, an investigative reporter with a decade of experience covering Jackson.
Roles and Responsibilities:
- We are purposefully casting a wide net, hoping to connect with journalists of many different backgrounds who may be uniquely qualified to help us launch this team. If you’re a reporter with any of the following experience or attributes, this team may be for you.
- Investigative reporting focused on uncovering systemic issues within government and politics. The bigger the impact of your reporting on government leaders or systems, the better.
- Political reporting covering not only high-profile candidates for offices, but experience delving into issues and ideas that affect a community. We hope to delve deeply into a deep distrust in the city’s institutions.
- Cultural reporting that highlights the often-overlooked success stories of citizens who are making a positive impact on their communities.
- Strong understanding of Jackson (or similar large urban centers) and the unique challenges facing the city and its residents.
- Commitment to the mission of balanced, impactful journalism that centers and respects the voice of the community.
- Collaborative mindset and ability to work within a team-oriented newsroom.
The starting salary for this position is $58,000. Compensation is commensurate with experience level.
Expectations:
- Work with a small team of journalists who are focused on social inequities and racial equality in our area.
- Willingness to collaborate closely with a small team of like-minded journalists.
- Get people to talk, find willing sources and protect them while telling sensitive and timely stories.
- Build trust: Many people who have been impacted by inequities in Mississippi have been victims of predatory practices and forces. This will require empathy, patience and savvy.
- Work with our Audience Team and data and visual journalists to create compelling story presentations.
Qualified candidates should have:
- Experience working as a reporter in a newsroom.
- Ability to work quickly, with accuracy and good news judgment.
- Comfortability in digital or multimedia journalism spaces.
- Ability to independently develop and cultivate sources.
- Ability to use social media for research and to engage readers.
What you’ll get:
- The opportunity to work alongside award-winning journalists and make significant contributions to Mississippi’s top nonprofit, nonpartisan digital news and information sources.
- Highly competitive salary with medical insurance, and options for vision and dental insurance.
- Use of appropriate technology and equipment.
- 29 days paid time off.
- Up to 12 weeks of parental family leave, with return-to-work flexibility.
- Simple IRA with 3 percent company matching. Group-term life insurance provided to employees ($15,000 policy).
- Support for professional training and attending industry conferences.
How to Apply:
We’re committed to building an inclusive newsroom that represents the people and communities we serve. We especially encourage members of traditionally underrepresented communities to apply for this position, including women, people of color, LGBTQ people and people who are differently abled. Please apply here.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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