Government Investigations & White Collar Defense



We protect our clients’ reputations and safeguard the future of their businesses through effective compliance programs, efficient investigations and strategic representation in the courtroom.

Our approach

Governmental regulations are increasingly enforced through criminal prosecution in addition to civil fines.

Our team has extensive proficiency in counseling, investigating, defending and litigating all forms of government inquiry. Our nationwide representation includes managing matters from the investigation and grand jury stages through trial and, if necessary, appeal and collateral proceedings.

We provide comprehensive services to individuals and organizations that receive civil investigative demands, subpoenas or any other requests for information from federal prosecutors, state prosecutors or investigative agencies.

Our services include:

  • Conducting internal investigations and preparing investigative reports on behalf of corporate clients
  • Establishing compliance programs
  • Responding to informal requests for information, subpoenas and search warrants
  • Formulating investigative and defense strategies
  • Providing counsel to defendants in civil cases or targets, subjects or witnesses in criminal proceedings to defend their legal rights and interests

Who we work with

Individuals in a wide variety of industries, including, among others:

  • Life sciences and heath care
  • Financial services and securities
  • Technology
  • National security and defense
  • Higher education
  • Construction
  • Public policy and government relations
  • Energy infrastructure

Banker Cannava claims victory over SEC in 38 Studios case

The Bond Buyer | June 12, 2019

In the following coverage, Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted regarding the favorable district court decision for Nixon Peabody’s client, a Wells Fargo banker cleared of charges related to his role in the bond transaction for 38 Studios. The team on this matter also included partners Kathleen Ceglarski Burns, Stephen LaRose and Steven Richard, associate Charles Dell’Anno and paralegal Kanda Faye.

Judge clears banker in 38 Studios case

The Providence Journal | June 12, 2019

In the following coverage, Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted regarding the favorable District Court decision for NP’s client, a Wells Fargo banker cleared of charges related to his role in the bond transaction for 38 Studios. The NP team on this matter also included partners Kathleen Ceglarski Burns, Stephen LaRose and Steven Richard, associate Charles Dell’Anno and paralegal Kanda Faye.

GSK renews Zofran birth defect dismissal bid after Supreme Court ruling

Reuters Legal | June 04, 2019

This article mentions Boston Government Investigations and White Collar Defense partner Mark Seltzer for his representation of GlaxoSmithKline in an ongoing matter related to its anti-nausea medication Zofran.

Judge's indictment puts Lelling in hot seat

Boston Globe | April 27, 2019

Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted in this article about Massachusetts’ U.S. attorney Andrew Lelling’s decision to indict Judge Shelley Richmond, a sitting Massachusetts state court judge, on obstruction of justice and perjury charges related to helping an undocumented immigrant elude federal authorities.

Former Wynn Resorts GC Moves to Toss $1B RICO Suit

Law360 | April 21, 2019

Boston Government Investigations and White Collar Defense partner Brian Kelly and associate Joshua Sharp are mentioned for their representation of Steve Wynn in this article that provides updates in an ongoing RICO suit in Massachusetts federal court.

USA competent: Swedbank poorly out

Dagens Industri (Sweden) | April 04, 2019

In this article translated from Swedish, Boston Government Investigations & White Collar Defense counsel Rob Fisher is quoted about an ongoing investigation regarding Swedbank’s contacts with Mossack Fonseca.

Wells Fargo’s Cannava asks court to end 38 Studios case

Bond Buyer | April 01, 2019

Boston Government Investigations & White Collar Defense partner Brian Kelly and Providence Complex Commercial Disputes partner Steven Richard are quoted in this story on their representation of a Wells Fargo banker involved in Rhode Island’s bond placement with 38 Studios.

On campus, the fallout from the college admissions scandal

The Wall Street Journal | March 15, 2019

Boston Government Investigations & White Collar Defense counsel Rob Fisher is mentioned in this article for his representation of former Stanford sailing coach John Vandemoer who pled guilty stemming from his involvement in the college bribery scandal.

GSK accuses Zofran plaintiffs' law firms of funding academic study

Reuters | March 05, 2019

Boston Government Investigations and White Collar Defense partner Mark Seltzer is mentioned in this article for representing GlaxoSmithKline in an ongoing dispute related to the company’s anti-nausea drug Zofran.

Massachusetts juries OK with death sentence

Boston Herald | March 03, 2019

This article discusses the applicability of the death penalty in federal cases in Massachusetts and features commentary from former federal prosecutors. Boston Government Investigations and White Collar Defense Partner Brian Kelly is quoted.

The Latest

New Hampshire Business Review | March 01, 2019

The promotion of Manchester Government Investigations & White Collar Defense partner Mark Knights is mentioned in this roundup of notable business moves.

Nevada judge grants restraining order in Wynn case

Boston Herald | November 19, 2018

Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted in this article on a Nevada judge’s decision to temporarily prevent the release of a Massachusetts Gaming Commission report containing privileged information about Steve Wynn.

Former federal prosecutor speaks out following Bulger’s death

NBC Boston | October 31, 2018

In the following coverage, Boston Government Investigations & White Collar Defense partner Brian Kelly, who prosecuted Boston gangster ‘Whitey’ Bulger, discusses Bulger’s death this week inside a West Virginia prison.

Convicted killer James “Whitey” Bulger killed

WGBH-TV (PBS affiliate Boston) | October 31, 2018

In the following coverage, Boston Government Investigations & White Collar Defense partner Brian Kelly, who prosecuted Boston gangster ‘Whitey’ Bulger, discusses Bulger’s death this week inside a West Virginia prison.

Bulger was killed when cells were unlocked for breakfast

The Wall Street Journal | October 31, 2018

In the following coverage, Boston Government Investigations & White Collar Defense partner Brian Kelly, who prosecuted Boston gangster ‘Whitey’ Bulger, discusses Bulger’s death this week inside a West Virginia prison.

FDA never saw birth-defect tests on GSK drug, families say

Law360 | September 12, 2018

Boston Government Investigations & White Collar Defense partners Mark Seltzer and Brian French are mentioned in this article for their ongoing representation of GlaxoSmithKline in a suit regarding their drug Zofran.

Avoiding corrupt practices abroad: When doing business internationally, compliance with the Foreign Corrupt Practices Act is essential

New Hampshire Business Review | August 30, 2018

Manchester Government Investigations & White Collar Defense associate Mark Knights wrote this contributed article on how cautious companies can comply with the Foreign Corrupt Practices Act and avoid corruption when doing business internationally.

Plaintiffs firms in State Street probe in talks to settle with special master

National Law Journal | August 21, 2018

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this story on his ongoing representation of Thornton Law Firm in a dispute over billing in a securities class action case.

Mass. top court nixes 911 suit, bars LLC whistleblowers

Law360 | August 06, 2018

Government Investigations & White Collar Defense partner Bill Codinha and Complex Commercial Disputes associate Chris Queenin are mentioned in this story as counsel to telephone provider Paetec Communications Inc. in an ongoing matter regarding emergency dispatch surcharges paid to Massachusetts.

Could the trial of former campaign chair Paul Manafort spell legal trouble for President Trump?

WGBH TV (Boston PBS affiliate) | July 30, 2018

Boston Government Investigations & White Collar Defense partner Brian Kelly appeared on the WGBH program Greater Boston, discussing what Paul Manafort’s trial could mean for President Trump.

Attorneys reflect on Escobar's FCA impact 2 years later

Law360 | June 17, 2018

Boston government investigations and white collar defense partner Hannah Bornstein is quoted in this article discussing how the Supreme Court’s ruling in Universal Health Services v. Escobar has impacted False Claims Act litigation.

One more arrow in the government’s anti-corruption quiver: the Global Magnitsky Act

The Anti-Corruption Report | May 29, 2018

Corporate partners Alexandra Lopez-Casero and Isabelle de Smedt are quoted in this article discussing the business consequences of the Global Magnitsky Act, a new anti-corruption statute.

Law360 names attorneys who moved up the firm ranks in Q1

Law360 | May 06, 2018

In this roundup of promotions to partner and firm management positions, 14 attorneys from Nixon Peabody are highlighted. The 11 attorneys promoted to partner are Ellie Altshuler, Mark Beaudoin, Erik Birkeneder, Hannah Bornstein, Chris Browning, Barry Carrigan, Keri McWilliams, Matt Mullen, Steven Richard, Charles Tamuleviz and Alison Torbitt. In addition, Kenneth C. Lind was promoted to leader of the firms’ public finance practice group, Justin Thompson was promoted to office managing partner in LA, and Aaron Yowell was promoted to chief innovation officer.

GSK Zofran users bicker over scope of patient discovery

Law360 | April 24, 2018

Boston government investigations and white collar defense partners Mark Seltzer and Brian French are mentioned in this story for their representation of pharmaceutical company GlaxoSmithKline in a lawsuit brought by users of its anti-nausea medication Zofran.

J&J won't get high court look at FCA 'particularity' rule

Law360 | April 15, 2018

In the following coverage, Boston government investigations and white-collar defense partners Mark Seltzer and Hannah Bornstein are mentioned for their ongoing representation of Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc. in a False Claims Act case. The Supreme Court recently declined to review the First Circuit’s ruling in the case.

U.S. Supreme Court declines to review whistleblower case against J&J's DePuy

Reuters Legal | April 15, 2018

In the following coverage, Boston government investigations and white-collar defense partners Mark Seltzer and Hannah Bornstein are mentioned for their ongoing representation of Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc. in a False Claims Act case. The Supreme Court recently declined to review the First Circuit’s ruling in the case.

J&J unit wants whistleblower docs in hip implant FCA suit

Law360 | April 11, 2018

Boston government investigations and white-collar defense partners Mark Seltzer and Hannah Bornstein are mentioned in this article for representing Johnson & Johnson Services Inc. and its subsidiary DePuy Orthopaedics in a suit alleging violations of the False Claims Act.

Massachusetts Gaming Commission looking into whether Steve Wynn still has 'residual influence' on Wynn Resorts

MassLive.com | April 11, 2018

In the following coverage, Boston government investigations and white-collar defense partner Brian Kelly is quoted in several stories discussing his representation of Steve Wynn, the founder of Wynn Resorts LLC, which is building a casino in Everett.

Mass. regulator to probe Steve Wynn’s remaining influence on company

Boston Business Journal | April 11, 2018

In the following coverage, Boston government investigations and white-collar defense partner Brian Kelly is quoted in several stories discussing his representation of Steve Wynn, the founder of Wynn Resorts LLC, which is building a casino in Everett.

Steve Wynn wants his name cut from Massachusetts casino license

Bloomberg News | April 11, 2018

In the following coverage, Boston government investigations and white-collar defense partner Brian Kelly is quoted in several stories discussing his representation of Steve Wynn, the founder of Wynn Resorts LLC, which is building a casino in Everett.

Massachusetts asked to remove Steve Wynn from casino license

Associated Press | April 11, 2018

In the following coverage, Boston government investigations and white-collar defense partner Brian Kelly is quoted in several stories discussing his representation of Steve Wynn, the founder of Wynn Resorts LLC, which is building a casino in Everett.

Removal of 50 Indonesian Christian immigrants put on hold

Law360 | February 01, 2018

Nixon Peabody’s pro bono team, which includes Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations & white collar defense associate Ronaldo Rauseo-Ricupero, is featured in this article noting a judge’s decision to halt immigration officials from deporting a group of Indonesian Christians living in New Hampshire.

Federal Judge Blocks Deportation of Indonesians Living Illegally in NH

Reuters | January 31, 2018

In the following coverage, Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero are mentioned for their pro bono work representing Indonesian Christians in New Hampshire who face possible deportation by ICE.

U.S. To Seek Dismissal of 'Meritless' Whistleblower Cases: Memo

Reuters | January 24, 2018

Boston government investigations and white-collar defense partner Brian French is quoted in this article for his outlook on how the Department of Justice will act upon a memo encouraging its attorneys to seek dismissal of “meritless” whistleblower suits filed under the False Claims Act.

More regulations mean more scrutiny

Buffalo Law Journal | December 10, 2017

Buffalo government investigations and white collar defense partner Mark Molloy talks about the decrease in federal investigations in the past year.

Billionaire Insys founder can remove ankle monitor: judge

Reuters (also picked up in U.S. News and World Report) | November 27, 2017

This coverage quotes Boston government investigations and white collar defense partner Brian Kelly, who successfully argued that his client, Insys Therapeutics founder John Kapoor, is not a flight risk and should not have to wear an ankle bracelet with GPS monitoring.

Billionaire pharmaceuticals entrepreneur indicted in alleged fentanyl fraud scheme

Wall Street Journal | October 25, 2017

This article quotes Boston government investigations and white collar defense partner Brian Kelly for representing John Kapoor, the former chief executive of pharmaceutical company Insys Therapeutics, Inc. in an ongoing investigation.

Judge puts deportations of local Indonesians on hold

Portsmouth Herald | September 25, 2017

This article recaps a federal court decision to delay the deportation of dozens of Indonesian immigrants living in New Hampshire.  Manchester commercial litigation partner Dan Deane, associate Nate Warecki and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero are providing pro bono representation to these immigrants.

Exclusive: Prosecutors identify Insys founder as unindicted co-conspirator in opioid case

Reuters | September 13, 2017

This article quotes Boston government investigations and white collar defense partner Brian Kelly for representing John Kapoor, the former chief executive of pharmaceutical company Insys Therapeutics, Inc.

Special Counsel Mueller focuses on Trump's son

BuzzFeed | August 17, 2017

Manchester partner and government investigations and white collar defense practice group leader Dave Vicinanzo provides third party commentary in an article on the investigation into Donald Trump Jr.’s meeting with a Russian lawyer.

Why Silver is taking a case he won to the Supreme Court

Law360 | July 30, 2017

Boston government investigations and white collar defense counsel Rob Fisher is quoted in this article about what may happen if  former New York State Assembly Sheldon Silver’s recent legal victory is reviewed by the Supreme Court.

Trump hires Denver attorney Ty Cobb who participated in Qwest fraud cases

The Denver Post | July 15, 2017

This article focuses on the Trump administration’s appointment of Ty Cobb as special counsel to oversee the White House’s responses to the investigations into Russian meddling in the recent presidential election.  Manchester government investigations and white collar defense partner Dave Vicinanzo provides third-party commentary about his interactions with Ty Cobb when Dave was a federal prosecutor.

Revolving-door roundup

Law360 | July 05, 2017

This article includes the arrival of Boston government investigations and white collar defense counsel Rob Fisher to Nixon Peabody.

Should judiciary limit PACER access to protect informants?

Massachusetts Lawyers Weekly | June 28, 2017

Boston government investigations and white collar defense partner Brian Kelly is quoted in this article about public access to criminal dockets on PACER.

Former Massachusetts chemist to pay $2M to wrongly convicted man

WBUR-FM (Boston NPR affiliate) | June 21, 2017

In this radio segment, Boston government investigations and white collar defense partner Brian Kelly discusses the latest developments in the case of former Massachusetts lab worker Annie Dookhan.  This week, a federal judge ordered Dookhan to pay more than $2 million to a man who was wrongly convicted as a result of Dookhan’s role in falsifying evidence.

Pro bono case leads to law change

New Hampshire Bar News | June 20, 2017

This Q&A with Manchester government investigations and white collar defense partner and practice group leader Dave Vicinanzo is about his pro bono case that inspired him to help draft a bill which changes how parental rights are terminated in situations when the pregnancy is a result of sexual assault.

Ex-Fed. prosecutor joins Nixon Peabody's Boston office

Law360 | June 18, 2017

This article focuses on the arrival of Boston government investigations and white collar defense counsel Rob Fisher to Nixon Peabody, highlighting his experience as a former federal prosecutor.

Round up: newly appointed gcs, growing litigation teams and other moves

Bloomberg Law: Big Law Business | June 18, 2017

This article includes the arrival of Boston government investigations and white collar defense counsel Rob Fisher to Nixon Peabody.

Illegal immigrant cases on docket

The Boston Herald | May 29, 2017

Boston government investigations and white collar defense partner Brian Kelly is quoted in this article about the recent media blitz from the Massachusetts U.S. attorney’s office publicizing its work with illegal immigration cases.

3 federal prosecutors in Mass. seek US attorney post

Boston Globe | May 12, 2017

Boston government investigations and white collar defense partner Brian Kelly was quoted in this article about the three possible replacements for the US Attorney for Massachusetts position.

Rape changed her life—and New Hampshire law

New Hampshire Union Leader | May 12, 2017

This article is about Manchester government investigations and white collar defense partner and practice group leader Dave Vicinanzo’s pro bono client. Inspired by this case, Dave helped draft a bill, set to be signed into law, which changes how parental rights are terminated in situations when the pregnancy is a result of sexual assault.

Law360 names attys who moved up the firm ranks in Q1

Law360 | April 27, 2017

This article mentions recent leadership promotions at the firm including David Brown, Jared Lusk, Jim Vallee, Graham Beck, Kathleen Ceglarski Burns, Emily Crandall Harlan, Daniel Gibbons, Linda Huber, Ilana Kameros, Haydon Keitner, Darren Miller, Neal Pandozzi, Edward Puerta, Stephen Reil, and Elizabeth Young.

Florida 'black box' ruling: Game changer for vehicle tech

Law360 | April 25, 2017

Albany government investigations and white collar defense partner Tina Sciocchetti and Boston associate Charles Dell’Anno co-authored this article about a decision in a Florida state appellate court regarding search warrants for automobiles’ electronic data recorders (EDR), also known as “black boxes.”

Judge keeps fraud claims against GSK alive in Zofran MDL

Law360 | April 23, 2017

Boston government investigations and white collar defense partner Mark Seltzer and commercial litigation associate Josh Barlow are mentioned in this article about their client, GlaxoSmithKline PLC, in a case regarding labeling related to the use of the anti-nausea drug Zofran during pregnancy.

Prosecutors submit shortened list of Dookhan convictions they want upheld

WBUR (NPR Boston affiliate) | April 17, 2017

Boston government investigations and white collar defense partner Brian Kelly provided third-party commentary about the ramifications of former state chemist Annie Dookhan’s falsification of tens of thousands of drug tests.

RI Commerce agrees to $50K penalty to SEC for role in 38 Studios deal

Providence Journal | March 28, 2017

Boston government investigations and white collar defense partner Brian Kelly is quoted in this article about an SEC matter regarding a 2010 bond-offering.

SJC decision on EMC lawsuit could have broad implications for Mass. Boards

Boston Globe | March 22, 2017

Boston government investigations and white collar defense associate Eric Walz, commercial litigation partner George Skelly and M&A and corporate transactions senior counsel Bill Kelly provided insight about how legal decisions can have broader business implications for clients in this article about a Massachusetts Supreme Judicial Court decision involving former EMC corporation chief executive Joe Tucci and EMC’s shareholders.

Recent merger ruling is good for Massachusetts directors

Law360 | March 16, 2017

Boston commercial litigation partner George Skelly, M&A and corporate transactions senior counsel William Kelly and government investigations and white collar defense associate Eric Walz contributed this article about the Massachusetts SJC’s guidance regarding fiduciary duties of directors of publicly traded Massachusetts corporations.

Lahey Clinic embroiled in Bermuda’s ongoing political tumult

Boston Globe | February 14, 2017

This article is about a federal lawsuit filed by the government of Bermuda alleging civil racketeering charges against Massachusetts-based Lahey Clinic.  Boston government investigations and white collar defense partner Brian Kelly provides third party commentary on the unusual case.

Meet the judge who will hear the Boston legal challenge of Trump’s ban

Boston Globe | February 02, 2017

This article focuses on the judge who will hear Boston’s challenge of the Trump administration’s recent executive order regarding the immigration ban. Boston government investigations and white collar defense partner Brian Kelly is quoted discussing Judge Gorton’s judicial style.

Fire Safety Co. reaches $5M settlement for gov't FCA claims

Law360 | January 26, 2017

This article highlights a recent action by the U.S. government who filed a $5M settlement agreement in a False Claims Act case involving Monaco Enterprises. The settlement does not require the company to admit any wrongdoing. Chicago commercial litigation partner John Ruskusky and government investigations and white collar defense partner Dean Polales are listed as representing the defendant.

GSK says no basis for fraud claims in Zofran MDL

Law360 | January 26, 2017

Boston government investigations and white collar defense partner Mark Seltzer and commercial litigation associate Josh Barlow are noted as representing GlaxoSmithKline (GSK) in this article about recent developments in a multidistrict litigation (MDL) about GSK’s anti-nausea drug Zofran.

J&J asks 1st Circ. to halt hip implant FCA suit

Law360 | December 05, 2016

Boston government investigations and white collar defense partners Mark Seltzer and Danielle Pelot and associate Hannah Bornstein are listed as counsel representing Johnson & Johnson and its subsidiary DePuy in a First Circuit case. This article notes their argument to uphold the dismissal of a False Claims Act lawsuit.

Federal prosecutors launch probe of law firm over donations

The Boston Globe | November 15, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article about the opening of a grand jury investigation of a Massachusetts law firm for its contributions to political candidates.

Judge will hear GSK's arguments to dismiss Zofran MDL

Law360 | November 10, 2016

This story covers a recent decision by a Boston federal judge to hear GlaxoSmithKline’s (GSK) arguments to discuss some cases and claims from its multidistrict litigation focused on the anti-nausea medication Zofran.  Boston Government Investigations & White Collar Defense partner Mark Seltzer and Commercial Litigation associate Josh Barlow are noted as representing GSK.

Mass. justices reverse bank's win against insurance fund

Law360 | November 02, 2016

Boston Commercial Litigation partners Greg Deschenes and Kurt Mullen, and Boston Government Investigations & White Collar Defense associate Charles Dell'Anno are mentioned as counsel successfully representing the Massachusetts Insurers Insolvency Fund in this article about a Massachusetts Supreme Judicial Court decision regarding whether the fund can recover workers’ compensation claims.

More calls for a probe of Thornton law firm’s political donations

The Boston Globe | November 01, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in regarding his representation of a Massachusetts law firm and its contributions to political candidates.

Spotlight: Law firm ‘bonuses’ tied to political donations

Boston Globe | October 28, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is included in this article about a high-profile client matter involving a Massachusetts law firm and its political contributions.

Cannava Fighting SEC's Effort to Put Him Back in 38 Studios Suit

The Bond Buyer | October 02, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted throughout this piece that follows the ongoing developments in the fight between Peter Cannava and the Securities and Exchange Commission. Boston commercial litigation partner Steve LaRose and associate Kathleen Ceglarski Burns are also part of the legal team representing Cannava.

Proposed Class Action Data Breach Suit Against Health Insurer Quashed for Lack of Sufficient Injury

Privacy & Cybersecurity Report | August 31, 2016

Government investigations and white collar defense partner Tina Sciocchetti and commercial litigation associate Michal Ovadia co-authored this column that discusses a federal district court’s dismissal of a putative class action filed on the heels of the health insurer’s disclosure of a data breach involving approximately 1.1 million plan members.

Contacts

David A. Vicinanzo

Partner
Practice Group Leader, Government Investigations & White Collar Defense

dvicinanzo@nixonpeabody.com

Phone: 617-345-1177

Hannah Bornstein

Partner
Deputy Practice Group Leader, Government Investigations & White Collar Defense

hbornstein@nixonpeabody.com

Phone: 617-345-1217

  • U.S. News/Best Lawyers “Best Law Firms” ranked as National Tier One in Commercial Litigation, Litigation—First Amendment, Litigation—Labor & Employment and Mass Tort Litigation/Class Actions—Defendants. Received Tier One Metropolitan Honors in Commercial Litigation, Criminal Defense: White Collar, Litigation—Banking & Finance, Litigation—Bankruptcy, Litigation—First Amendment, Litigation—Labor & Employment, Litigation—Securities, Litigation—Tax, Mass Tort Litigation/Class Actions—Defendants, and Product Liability Litigation—Defendants in numerous cities throughout the U.S.
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