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Senate Slows the AIG Tax's Roll, For Better or For Worse

As D.C. legend has it, George Washington told Thomas Jefferson that the Senate was designed as a saucer to "cool" the heat of House-passed legislation. Put another way, the Senate has a talent for helping bills grind to a screeching halt after arriving from the House, where the majority party has more power.

And this week's outrage-fueled AIG bonus tax is no exception. One day after the House passed a 90% retroactive levy intended to claw back bonuses at the infamous company, the future of the bill in the Senate remains less than clear.

The Senate version of the bonus tax is more measured than the House version, imposing a 35% tax on bonuses. But it also applies the tax to any company receiving more than $100 million from the bailout, while the House measure only applied to firms getting more than $5 billion. Several senior GOP senators, from Judd Gregg (NH) to Jon Kyl (AZ), have blasted the tax bill in recent hours, suggesting that Republican leaders may split on the proposal, just as they did in the House.

Could Republicans mount a filibuster of the bonus tax bill next week? Anything is possible in the current volatile political climate -- especially after today's revelation that the House bill would exempt $2.5 billion in hasty bonuses awarded last year at Merrill Lynch.

Ultimately, however, the political risk of appearing tolerant of AIG's bonuses is sure to push at least a few GOP senators over to the "yes" camp. Then the X factor becomes whether any Democrats will take the unpredictable route and raise questions about the bonus tax's constitutionality.

For an accurate reading of the tea leaves, check out this headline from Dow Jones (emphasis mine): "Sen. Reid: Senate Should Take Up AIG Bill Before April 6."


43 Comments

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I would not be surprised if the Senate bill more closely resembles the eventual version that's sent to the President. The House passed a ridiculous bill that makes them feel better but is not realistic.

I'm concerned about applying a 90% tax to anything. Once you go there, it's way too easy to do it again, so the next unpopular group that upsets Congress will get punished with a heavy tax.

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It seems a bit off to portray this as a slippery slope situation. It's not terribly inaccurate to describe this money as stolen; taxing it punitively to get it back isn't likely to lead to a 90% tax on Pampers.

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Maybe not the diaper makers - but what if the next group to be taxed is professional athletes? Or entertainers? Or attorneys? When do we reach the point when we realize we shouldn't be using the tax code to punish behavior we don't like?

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I'm cool with taxing pro athletes and entertainers at 90% ALL of the time, if that's what it takes to guarantee no homelessness in this country, free health care and education through college for all, gleaming public transportation, hi-speed rail, a truly green economy, solid support for public art, etc

personally, I'd be cool with anything over, say, $5 mill a year being taxed at that rate

heaven forbid we base our tax decisions on mercy for the poor or passing on a livable planet to our children rather than not wanting to take any skin off of the knees our beloved pro athletes and entertainers

yeesh. I fear in 5 years, the calls that we are losing all of our great rich people will only grow louder, and sin city in NYC will be back in full swing

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Again, comparing this to "baseball players make a lot of money" seems, frankly, silly, at best.

These people, more or less, stole this money from us.

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I don't think anyone stole anything. What's absurd is the notion that the government never told or asked or suggested or demanded that AIG avoid paying bonuses. And, having paid the bonuses, now the government wants to come back and claim that these people weren't entitled to the bonuses and that they should reveal their names and addresses and all this stuff so the "public" can, you know, show them what they think of these bonuses.

Absurd. If the government wanted to place strings, it should have done so. I do think it's unbelievable that a company like AIG would pay bonuses, but I don't work there and have no idea how the pay structure appeared. Maybe it was all deferred compensation.

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When the next group of athletes, entertainers and lawyers are living on excessive multi-million dollar government welfare checks we'll take that up, ok?

Though, government funded stadiums makes a good argument for a well deserved higher tax bracket for athletes and team owners and entertainers that play have concerts in them.

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When we repeal 'sin' taxes.

Using the tax code to discourage bad behavior is legitimate -- using it to discourage bad people is not.

The House bill was directed at the action -- the distribution of these bonuses --- it took the bonuses but did not track the people who received them. Attainder as a penalty which tracks with a person -- such as saying that anyone who accepted such a bonus would be taxed at 90% for life.

As for sacred contracts: whose? AIG's or UAW's?

Funny, after seeing Wall Street get away with financial murder the auto industry seems to be having trouble getting as many concessions as demanded from the tax-paying members of the UAW.

The claim that investor will sulk if the AIG bonuses are not paid is chutzpa at its finest! Is the head of AIG FP unit now refusing to buy toxic assets he created unless his buddies get their bonuses? Investors will go for any deal which offers profit. Using government money granted to stave off bankruptcy to provide your employees with bonuses understandably set off a firestorm -- investor fears that legitimate profits will be confiscated are ridiculous.

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What, did they just figure out that the people they would be taxing are rich?

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The confiscatory, tax bill is outrageous not the AIG "bonuses". Stop the congresspeople before they destroy any chance Obama has for saving this economy. A bunch of vengeful, petulant children is what congress (and the American people?) have become. Just pathetic. Who would do business with a capricious government like this? Abrogating contracts, changing rules in the middle of the game - almost no one showed up today to participate in the Fed's TALF program for fear of getting entangled with the US government. What a mess. Would you do business with a government like this which could turn on you and confiscate your income? (BTW, I lost my job already in this recession, I have no conflict of interest, no bonuses and no income to confiscate.Just trying to survive.)

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So you are saying that because the "tax bill is outrageous" the AIG bonuses are not outrageous? How are the AIGFP retention bonuses which these executives are not outrageous?

Furthermore, since when is AIG - or any company that would have filed for bankruptcy without bailout money - "doing business" with the government? We own 80% of AIG, they should be doing the government's business.

Congratulations on your first post.

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We don't own AIG. We don't own AIG. We don't own AIG. Shareholders own AIG. Again. Shareholders. If they want to prohibit bonuses, they can raise that with the board and submit to a board vote. But, the government doesn't "own" AIG -- and it clearly doesn't control AIG.

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This strikes me as really silly. You do know the USG owns an 80% share of AIG, right? And by rights it should own 100%, only we intentionally made a bad deal because there were political reasons we didn't want to be 100% owners. So yes, the USG really does own AIG. That's precisely why we shouldn't be dealing with this through tax policy. We own the company, we should determine the compensation policies directly.

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Thanks for that whiff of reality Josh.

Sometimes I feel like I need to be wearing hip waders.

Anyone catch Marketplace on NPR tonight? Egads!

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Marshall is wrong. We own paper on AIG paper. We might have "moral ownership" but that's about it. And all we are getting for our moral ownership is the chance to pay off immoral debts. Go figure.

Look it up. I would not kid a chicken.

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You missed my little point. Obviously AIG is outrageous. But our angry reaction is destroying the trust we need to save the financial system. Obama wants people in the financial industry to do business with the government. The actions of congress will scare them away. We will all sink together to satisfy our anger at AIG. This is not a productive way to act in a crisis.

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Regarding my point about trust and Obama's government rescue efforts collapsing, this
from the Wall Street Journal this morning (Saturday):
"Whether these programs will work as anticipated depends in part on how Wall Street investors react to the AIG furor this week. Congress is moving to clamp down on anyone receiving financial aid by severely taxing bonus payments.

More broadly, investors have become leery about signing on to government programs for fear Congress will abruptly change the rules. Hedge funds, for example, which stand to make sizable profits from participating, worry they won't be able to keep their gains if the mood swing further against Wall Street."

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Then fuck them. If they don't really need my tax money after all, they shouldn't have been getting it in the first place.

These fraudsters have some goddamn nerve bloviating about trust after blowing up the entire world financial system, and you should be smarter than to fall for their bullcrap.

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Ken makes a very critical point by bringing up trust. Trust is absolutely essential to a healthy functioning market. It is also absolutely essential to a healthy, functioning civilized human society.

As important as investor trust is, I think it is vital to also acknowledged that they are only one of a number of participants in the system we call the United States of America. The legislation passed by the House is a direct manifestation of the American public's (taxpayer) distrust of the financial system and its leadership. The American public is savvy enough to recognize that the AIG execs are not the only ones apparently gaming the financial system and bailout programs. Therefore, it is important to distinguish between investors and the executives running the major investment institutions. The House legislation, however imperfect, was aimed directly at the latter group (The execs) and not the latter.

To restore public and investor trust in the financial system, wide and deep investigations of the leadership at AIG, and the other major Wall Street financial institutions are necessary. Starting with the background circumstances and individuals involved in the AIG bonus contracts, then expanding the investigation to the other major institutions. We need to determine the root causes of the financial meltdown and the actions and agreements between the various parties involved - the Federal Reserve, the U.S. Treasury, and Wall Street. We might be able to save these institutions by removing individual leaders, rather than continue to reward them in the (IMHO vain) hope that somehow they can fix the failing system that they largely created.

We also need to apply the lessons learned from these investigations (And the AIG bonus revelations) to pending legislation and policies (Like TALF and Geithner's recently announced plan) to avoid repeating the same costly mistakes going forward.

While I think it is reasonable, given their record over the last ten years, to be cynical regarding the government's (Congress and Executive branch) ability to fix a spectacularly broken financial system, I also want to note signs for hope based on the events stemming from the AIG bonus revelations. My recollection is that the news of the AIG bonuses broke a little over a week ago (@13 March). That weekend Summers went on TV and said the bonuses were regrettable but the contracts were binding and legal (Assumptions that desperately need to be verified before we trust and accept them). Done deal. By Monday (16 March), in response to growing public outrage, President Obama announced that he was assigning Geithner the task of getting the bonuses back. Congress took notice of the public anger. Even the establishment media woke up and weighed in on the matter (But by the end of this week many of them had started rolling their editorial eyes and whining about how distracted and fatigued they were by the whole AIG bonus scandal – IMHO sadly pathetic but typical performance from our over paid, out of touch and increasingly irrelevant mediocre and mendacious establishment media).

On 19 March Late Night Show President Obama mentioned the anger at the AIG bonuses and then deftly (IMHO) linked it to the need for reform and re-regulation of the financial system. He didn't downplay, disparage or denigrate the public's opinion, he acknowledged it and then moved the focus to the need for real reform.

The key point is that our politicians will respond to the public will. This is democracy in action. We now need to take the next step and change the focus from the AIG scandal to the larger systemic one. This is how we can, and will save the system.

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A bunch of kids with a severely underrated case of self-entitlement and the brains of raw sewage broke the world economy to manufacture bonuses and profits - and many laws in doing so with their Enron accounting - and you are calling congress children?

It is rare that I see a commenter on TPM that is clearly a joke.

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You obviously missed my point.Congress is destroying trust. How can you do business with the government if they will change the rules of the game. Punish AIG if you can, but not by punishing everyone else you are trying to recruit to help you. This is childish and petulant. Obama will veto this bill, you can be sure. Otherwise the effrot to rescue us from this crisis will collapse in a heap of revenge and recrimination.

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Congress is trying to restore trust with "The confiscatory tax bill" that you say "is outrageous not the AIG "bonuses""

I did not miss the point at all. Government is finally reeling in the self-entitlement idiots that broke the system.


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Yikes, Ken from Katonah. I'm surprised that we didn't see your venting when the government mandated an alteration in the contract GM had with the UAW. I'm sure it was an oversight on your part that your outrage only arose when executives had their pay cut. I'm equally sure now that you have been advised of your oversight we can expect your passionate defense of union workers and not just your Katonah neighbors.

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You missed my little point. Actually, we are a union household, and obviously inequities exist with the auto workers. My point was, congress is destroying trust. Obama will not be able to do business with the financial companies he needs as partners. People should be careful of "outrage" thrown around. People who act in anger get unintended consequences.Do we want to rescue ourselves or go down with the AIG ship?

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We do not need any of these morons as partners. They need to be fired and/or jailed. These people that vary from the criminally negligent to the outright criminal are the problem and should be treated that way.

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Thank you for the response. I agree with you of course, congress is reeling in the miscreants as you say, and that is their right. But surely you can agree with me that we put ourselves at great risk by breaking trust with the money men and women even if you are willing to take the risk, and I am not. I believe we need the financial industry and you clearly believe they can be discarded so that someone, the government perhaps, can take over that function. Well, looks to me according to news reports today, we may be about to test your idea. I hope and pray you are right and I am wrong.

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Harry Reid could screw up a free lunch. The House bill is a Constitutional way (see Tribe) to recoup the taxpayers money. Put it on the calendar ASAP. Leaving it out there until April 6 means our idiot press (and Senate) will do little other than talk about AIG bonuses for the next few weeks.

The top tax rate for EVERYBODY was 90 percent as recently as 1960. The idea that this limited provision of the tax code is unconstitutional is ridiculous spin.

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I have a friend who works in Wells Fargo's Executive offices.

The CEO, John Stumpf, convened a conclave today. The upshot - I just got an email explaining to me the hardship that the bonus tax would work on ordinary hard working straight middle class bank employees.

To his gay democratic email list he painted the dire future

The upshot? I think the Democratic Party is already setting itself up for a big whiplash from the ordinary middle-class in the 2010 elections. But then the GOP may be doing the same, with its "Me-Too-ism" following in the foul footsteps of the PeLousy Cabal. The word among the small, straight married folk at Wells Fargo: "Let's hope the Senate has more sense" in its upcoming version of a bonus-tax bill. I remember life in the 60s in Merry Olde Collapsing-Tanking Britain, under the notorious Harold Wilson's 105% tax rates.
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Umm, your comment doesn't make sense. Even if it is from a "friend". The House version taxes bonuses on employees making more than $250K and have received at least $5 billion in TARP funds. If they are "middle class", they are delusional. Middle class is $40-75K.

Yes, all those few hundred people who get bonuses taxed are going to vote the Dems out.

Come on!

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It is death tax scare tactics all over again.

"Rise up workers and protect the rich!"

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I don't vouch for his good "sense"

You should have seen the rest of it!

I found it amusing because you couldn't miss the talking points personally personalized, you understand, straight from the Wells Fargo Gov't Relations people!

The long and short of it was that this was a threat to the entire middle class.

As you can see from the headlines, the bankers are going nuts over this

But are they too straining out gnats while swallowing camels?

They have no political capital to begin with. What are they going to try when the US and G20 countries take up re-regulation?

They'll have to take out jumbo liar loans

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I just want to say a couple of things here on bonuses to the liberal thinking folks here:

1.) The government screwed this up -- royally.
AIG was given billions of dollars in an attempt to prop up the failing company because AIG's insurance wing is so vital. At that point, the government could have asserted -- to AIG -- that it opposed any bonuses to employees. Period. The government chose not to do this.
2.) On at least two other occasions, the government spend more money on AIG, as the company mounted billions of losses, all to prevent AIG from filing bankruptcy. At no point did the government assert that AIG shouldn't pay bonuses.
3.) Meanwhile, because the government wanted to "credit markets" to open, it sought safe banks in which to invest. The theory was that if it invested in these safe banks, these banks would soften underwriting standards and make loans to more consumers. Of course, the government got preferred shares, with a guaranteed rate of return of around 5% from most bank investments.
4.) While this took place, of course, the economy tanked and millions lost their jobs. So, the banks were in this difficult predicament: make loans to people they knew wouldn't repay or continue to sharpen underwriting standards so the banks would make loans to those who would pay. Surprisingly to Maxine Waters (whose husband sat on a failed bank board and asked for millions in TARP cash) and many other liberal representatives, the banks chose to sharpen underwriting standards.
5.) Finally, we learn that AIG went out and honored the bonuses they'd committed to provide their employees and executives. The government, in a populist flash not seen since, well, the Clinton impeachment saga, went nuts: "How can AIG execs get bonuses! This is crazy!"

Yes, there was some looting going on. AIG shouldn't have paid the bonuses, but to tax the recipients of the bonus after the fact is almost as absurd as treating Chase, Wells, Zions and USB the same way as AIG. And it's even more ridiculous for that idiot Barney Frank to demand to know -- publicly -- the names of each of the bonus recipients.

This all could have been prevented by some reasonable government planning. Instead, we're all bickering over this instead of focusing on things like breaking up AIG, drafting legislation so we never allow "too big to fail," and improving the overall regulatory structure of the financial services industry.

As I've previously said, I vote straight ticket Democrat. I've voted Republican for mayor once in my life. But, this Congress' lack of curiosity and full-blown commitment to scapegoating is ruining my party. We used to analyze things and reach reasonable conclusions. Now, it's all about running to the cameras with ridiculous allegations. It's split our party. I won't give to Schumer or Frank or Pelosi or anyone at the national level -- again.

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AIG shouldn't have paid the bonuses, but to tax the recipients of the bonus after the fact is almost as absurd as treating Chase, Wells, Zions and USB the same way as AIG.

You've got it backwards. AIG should have paid the bonuses, because AIG was contractually obligated to do so. The government, however, should take the money back -- as the tax bill does -- because enriching these individuals is not an appropriate use of public funds. There's nothing absurd here.

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You're right, it's not absurd. Your position is criminally immoral.

Those people may well have saved billions from being lost. Stop the "cut off nose to spite face" routine, folks. It's painful to watch and it's also just wrong-headed.

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What a crock of shit. A number of those people should be jailed for fraud. They aren't "saving" anything, they're thieves who STOLE billions.

And I'll take Simon Johnson's word over yours any day of the week s far as their blatantly self-serving claims that they were needed to "save" anything. He's dealt with all this same crap before in other countries.

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Yes, that does describe your comment well enough.

I get your anger, but it's totally misplaced.

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Sorry to disagree, but no aig should not have paid the bonuses. They should have made them sue and aig could have cross-complained for the hundreds billions these execs caused in losses. They would not have gotten a penny and would have been facing a multi-billion dollar judgment. You think that they would have actually sued? You think a jury would award them a penny? Not in a million years.

Aig never abides by its insurance contracts and if the claim is substantial they require the policy holders to sue. Why should their executives that were directly responsible for this meltdown get a free ride, because it's a "contract." Also, what about the union "contracts" that are always renegotiated or wiped out in bankruptcty? Aig is worse than bankrupt and they are paying 100 cents on the dollar? That's absurd.

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You need to get more rational.

If AIG was ripped off it doesn't need to wait, it can just sue outright.

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I think we have to take a look back at the fun of this week:
1. Grassley said "suck on the tit" into a live mike. Was that Cornyn standing uncomfortably Grassley in camera view?
2. Grassley called for AIG suicides.
3. Cantor babbles on the question of whether he would vote for a tax increase.
4. Half of the Republicans in the House voted for a 90% tax on Wall Street.
5. Wall Street is officially enemy number 1 to almost all Americans, who are now demanding re-regulation and nationalization of banks.
6. Limbaugh is sure this was an Obama plot. Maybe?
7. Palin is refusing money for Alaska, including money for special ed.
Did I miss anything? Oh yeah.
8. Joe the Plumber is horney.
What a week!

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Exactly. And to cap it all off, I'd love nothing better than the sight of Republican Senators reading from the phone book to prevent the AIG bonus money from being taken back by the government. Bring it on, Thugs!

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So we all spent some time voicing our indignation about the bonus payments and then all the congress came out to play and spewed a lot of rhetoric and then wrote and passed a new law in 1-2 days. So why do I think there is something wrong with this picture? I pulled out my copy of the TARP bill HR1424 and Sec 111 on executive compensation. The compensation limits are for "senior execs" which are defined as Top 5 highly paid executives of a public company. I realize there has been a re-write by the 111 Congress for the remaining TARP funds, but we do not have access to the AIG contracts, so we may be upset, but the Original TARP was written by the 110 Congress and if these bonuses were not to the TOP 5 at AIG, then how can they be clawed back?

We need some legal opinion here. Why is it that none of the MEDIA has bothered to ask any of their highly compensated lawyers for a legal opinion.

We may be seeing the first attempt of the tail to wag the dog. Congress has taken the bait, but will the Obama Administration?

As he clearly stated on Leno, there were all sorts of risky business going on...but it was all legal. So now who do we blame when everything was legal...you can't send someone to jail because you are angered by their greed? You shouldn't be blaming this administration for writing the TARP legislation...are you going to replace each member of congress because they got Played by Paulsen?

Of course the controversy will continue as long as the bankers continue to whine about FAIR, but as long as we are a country ruled by Law not public outrage, we need to get a grip, write your congressional representatives, etc. What we should not do is focus on this "bonus" event as the major catastrophy of the year / decade / century.

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There is not a chance in hell that this bonus tax will ever be passed by the Senate. That is why the Obama response to the outrage over the Obama-Geithner policy green-lighting these bonuses, explicitly put in by Obama's team, if not approved by Obama himself, is so fundamentally dishonest. Instead of transparency and taking responsibility, all we get from the Obama economic team is double-talk and Bullshit.

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Dear Harry Reid:

If they want to filibuster this bill, for once in your ineffectual Majority Leader tenure:

LET THEM!

Regards,

Rich

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