San Mateo Police Raid Small-Stakes Poker Game

Police in San Mateo County, California apparently first spent months investigating the small-stakes poker game. From this firsthand account, it looks like a couple of the officers were playing regularly for several weeks before sending in the SWAT team, guns drawn, last week. If California is like most states (and I believe it is), a poker game is only illegal if the house is taking a rake off the top. In this case, it looks like that "rake" was the $5 the extra the hosts asked from each buy-in to pay for pizza and beer.

Police also took a 13-year-old girl out of the home, away from her parents, and turned her over to child protective services. In addition to the charge of running an illegal gambling operation, the hosts are also charged with contributing to the delinquency of a minor. Good thing the poor girl was saved before slouching toward an inevitable life of crime.

I'm not quite sure I understand this part, either:

A background check on the house's residents led officers to a Web site advertising weekly poker games. The Web site was used to lure "unwitting" participants to the tournaments, which required a $25 to $55 buy-in with an extra $5 "refreshment" fee, according to the report.

How does an advertisement for a small-stakes poker game "unwittingly lure" someone? Did they think the game was free? If they did, was there something preventing them from simply leaving if they didn't want to pay the buy-in?

This account suggests the police hinted to individual players that the hosts may have been cheating or defrauding them, though that's not apparent in the news accounts. Firsthand accounts on poker sites have only good things to say about the hosts. Of course, even if the hosts were cheating, it wouldn't justify a full-on raid, particularly in mid-tournament. The SWAT tactics seem more like intimidation. Raiding in mid-tournament also ensures there's a $1,300 pot to seize for the sheriff department's general fund.

Finally, the San Mateo Daily Journal includes this helpful note:

The San Mateo County Sheriff's Office encourages citizens to report instances of heavy foot traffic, frequent visitors and illegal parking in residential areas by calling its anonymous tip line…

Mustn't be much crime in San Mateo.

MORE: Check the comments for posts from poker players at the raid.

MORE II:  Correction to this post here.

Comments

[solly]

http://www.yahoo.com/s/783040

get a kick out of this one

[crimethink]

The Web site was used to lure "unwitting" participants to the tournaments, which required a $25 to $55 buy-in with an extra $5 "refreshment" fee, according to the report.

Too rich for my blood.

[Aresen]

it looks like a couple of the officers were playing regularly for several weeks before sending in the SWAT team

Let me guess: They lost.

[Aresen]

crimethink

Didn't I sse you playing the penny slots last time I was in Vegas?

I was the guy on the next machine.

😉

[imp]

Mustn't be much crime in San Mateo.

Not unless you count the police force.

[The Wine Commonsewer]

You NEVER hear anybody say it's a free country, ain't it? anymore.

[The Wine Commonsewer]

There ain't no penny slots in vegas no mo. Except at the Plaza (formerly the Union Plaza). And they have one, count 'em.

[The Wine Commonsewer]

Casa Blanca, Mesquite Nevada, 300 penny slots.

[Tony Borell]

This is pretty fucking lame, but we put up with it. I'm sure the Sheriff will be duly re-elected when appropriate.

[Aresen]

TWC

I played penny slots* in Hooters and in the Golden Nugget last April. A buck can keep you going for an hour. Cheap entertainment.

(For some reason, I don't get many comps.)

*OK. Technically, you put in your bill or credit slip and are paying 1 cent per "pull". So you can argue either way whether it is really a 'penny slot.'

[ashmunkee]

who ever said america was free, especially when it comes to the terms of gammbling. notice how people tend to go for the high stakes and always find a way to cheat you out of your money.
never trust a site that asks for buy ins first.

[The Wine Commonsewer]

Areson, It amazes me that slots no longer are slots. I am assimilating technology as it comes but, even though I showed up for Reason's big shindig in Vegas a couple of years back, I cannot abide the fact that you don't put money in the slot machine. I'm still pissed that they went from a handle to a button, but no cash payout? WTF?

Golden Nugget used to have a fabulous Italian restaurant upstairs. Wonder if it's still there.

Of course, all of this is academic because I don't gamble much. Mrs TWC, OTOH, loves those nickel slots.

As an aside, I won a tremendous amount of cash on a malfunctioning slot machine at the aforementioned Casa Blanca (which is actually pink) in Mesquite a few years ago. I quit whilst I was ahead and before they discovered the problem, which was triggered by a bent coin.

Ordinarily I might feel a little guilty but in this case, no. The machine just kept paying out. I can only assume it was malfunctioning but I don't know that for a fact.

One of these days I'm going to buy me an antique slot machine. A mechanical one made of steel and springs, without electronics and whistles and bells and flashing spinning cop-like lights on top. Something solid and dependable and American.

[Aresen]

ashmunkee

WTF are you talking about?

$55 is not 'high stakes'. I've dropped more than that in a game with friends.

Highest stakes social games I ever knew of were in Whitehorse, Yukon. Strictly by invitation only. The local business leaders would get together and play. Typical game had $2 million on the table (this was 1980). One guy I knew personally lost his hotel twice. (and later won it back)

[The Wine Commonsewer]

asj, when I was a lad, anytime somebody complained, the old men would say:

It's a free country, ain't it?

[The Wine Commonsewer]

They don't anymore.

[The Wine Commonsewer]

asj, ash, iceberg, goldberg, wtf the diff.

[The Wine Commonsewer]

🙂

[Aresen]

TWC

I agree about the no cash payout. That was a big disappointment when I finally got to Vegas.

Granted, I was only playing for pennies, but I had really looked forward to the sound of coins spilling down into the tray.

[Warren]

Jesus "Nazareth" Christ drawing to an inside straight.

From now on every Balko post needs to link to it's own defense fund. Every cop involved in this needs to be disciplined. They pig at the top needs to go to prison.

[John C. Randolph]

"Mustn't be much crime in San Mateo."

Aside from violent break-ins with guns drawn, you mean?

-jcr

[/]

You NEVER hear anybody say... Something solid and dependable and American. either.

[Brandybuck]

Mustn't be much crime in San Mateo.

I live nearby, and I would assign it the stereotype of "there are some neighborhoods you don't want to walk alone in at night". Or in other words, parts of the city are definitely not "tolerant cosmopolitan". This action took police away from where they were genuinely needed.

[Bingo]

Police also took a 13-year-old girl out of the home, away from her parents, and turned her over to child protective services.

How is there not a lynch mob (with requisite pitchforks and torches) storming the sheriffs office? This is the most bullshit thing I've heard in a long time, holy fuck.

[Jess Curious]

No beer...just non-alcoholic drinks provided. Anyone bringing alcohol brought it for themselves and shared for free.

[Ethan]

The host may have been breaking the letter of the law (that remains to be seen), but there's no way he took more from the participants than they paid in taxes to the sheriff's dept. that spent 3 months staking out the place. Participants who, with a firm grip on reality and their wallets, gave $5 extra for drinks. There was simply nothing "unwitting" about it.

I disagree with Libertarians on a lot of points, but this ain't one of them. If there ever was a case of a police department with too much time on its hands hassling people over a small matter, this is it.

[K]

I can confirm that during the interviews they asked if we suspected any cheating or had ever seen any. I can also confirm that after questioning, each of us was escorted to our cars. During that walk to our cars, an officer said that "the organizer" was cheating us, committing fraud, and that we were victims. Those are big claims/allegations, and for the record I believe 0% of those statements...nada! After the incident, one attendee claimed that an officer told him that there were shills in the group...which I also do not believe (after looking up what "shill" meant).

[sfking]

well guns weren't drawn but out and pointed down, still bad enough though yelling as if were a crack house. totally funny because its the most mellow group. Its an absolute outrage they took Berts daughter and now he faces felony charges this is an outrage!!

[Jozef]

Given that you can buy (state-owned) scratch tickets for $50, $55 doesn't seem such a high stakes for me...

Thanks to stories like this I'm currently in Dublin exploring the job market and cost of living. I'm voting with my feet and choosing the lesser evil.

[Free Roll Loser]

I don't know that there's much difference between a gun being drawn versus "out and pointed down". Ten cops charging in yelling with guns out of their holsters is pretty frightening, especially when they don't put them away for the first five minutes.

[Takin Your Taxes]

I did win some substantial pots against one undercover cop. He just kept rebuying... At the time it seemed good for me, but now I realize I was paying for his rebuys with my own tax money 🙁

[Jim Bob]

I'm sure the SWAT raid, and subsequent removal from her home and family, is less traumatic to the girl than being forced to endure the horrors of being around people playing poker. The horror!

I know you cops don't have the balls (or feel the need) to justify your actions to the public who pays your salary, but please, come over H&R and give it a try.

[Rachel Faith]

I hate the FN Cops. Every town now has a SWAT TEAM full of pussy'd up wanna bee's who have the ego of Hitler and the brains of Beavis and Butthead.... with GUNS. If they ever had a reason to deal with a perp who actually required a SWAT Team.... they'd hide behind their squad cars and wait it out. Did I mention just how much I HATE our Fascist Police State? Vote Ron Paul... or remain a SLAVE!!

[Taktix?]

Police also took a 13-year-old girl out of the home, away from her parents, and turned her over to child protective services.

Any excuse to institutionalize and redistribute children, huh?

Why do we even bother letting children live with their biological parents anymore, seeing as almost anyone is a potential criminal these days.

We might as well just have them all grow up in state-run orphanages, so they can be trained to be good little slaves citizens.

[Bob Smith]

Usually, "take something off the top" in a gambling context means "take a piece of the winnings". The $5 fee clearly isn't a piece of the winnings.

[Here\'s Bob]

Don't forget the 'illegal parking in the suburb.' What a bunch of outlaws!

[Rob]

A weapon is "drawn" when it's removed from its holster. "Out" and "pointed down" indicates a drawn weapon.

..

Can't believe this country anymore...

[Ken Shultz]

"In this case, it looks like that "rake" was the $5 the extra the hosts asked from each buy-in to pay for pizza and beer."

Well I have to say that I can understand this to some extent--pizza can be really fattening. Somebody has to watch out for that. ...and I don't know anything about this poker game in particular, but you have to make sure people are complying with no smoking codes too...

...of course I'm kidding!

To think the government can force its way into your home and traumatize your children over something like this!?

Yeah, the cops were wrong, wrong, wrong. Somebody should look at the judge who approved the warrant too. (They still let judges see warrants, don't they?) ...and if the prosecutor files charges, somebody should look into him or her.

This is the "broken windows" theory of crime prevention in action, by the way. When we tolerate the small abuses by the police, maybe against people we don't like, pretty soon the cops end up thinking they own the place and police abuses get out of control. ...pretty soon they're breaking up poker games and putting people's children in foster care.

[JW]

I hope the daughter runs a game at CPS and takes the social "workers" for every dime.

Keep up the good work Radley. Unfortunately, people will wake up to these atrocious power grabs just in time for it to be too late.

That's when I, the "paranoid libertarian," get to feel superior and tell them "I told ya so." 🙁

[Reinmoose]

I heard about a case in Virginia where the state was trying to use evidence obtained through an arrest that violated state law. I heard it on the radio while in the car this morning and the woman on NPR asked the person she was interviewing something about how shouldn't the police officers who conducted the arrest that violated state law be fired or even disciplined?

I nearly had to pull over I was laughing so hard.

Oh, and as a follow-up? SURPRISE! They weren't.

[David]

Yeah, the cops were wrong, wrong, wrong. Somebody should look at the judge who approved the warrant too. (They still let judges see warrants, don't they?) ...and if the prosecutor files charges, somebody should look into him or her.

It'd be nice if out justice system had judges who'd look a case and tell the police "This law wasn't really meant for stuff like this" or police who felt brave enough to knock on the door and warn the homeowner that the game he's running is probably illegal.

[ed]

Look, they had pizza on the premises. A minor was present. Tobbacco may have been used. It takes a village SWAT team to protect the children. Hillary for NOTUS!*

*Nanny Of The United States

[Taktix?]

Hillary for NOTUS!*

*Nanny Of The United States

I likey...

[ed]

She'll tuck you into bed at night.
She'll make sure your warm milk is just right.

[Shawn Smith]

ed,

*Nanny Of The United States

No shit. What else is it going to be? Nincompoop? N00b? 'NutherFuckingShitForBrains?

[Russ 2000]

Hillary for NOTUS!*

A spoonful of high fructose corn syrup helps the medicine go down. And adds to the obesity epidemic.

[Reinmoose as Hillary - NOTUS]

< sings >
Super-callous-unrealistic-experienced-NOTUS
even those the sound of it is something quite atrocious
If you say it loud enough someone will throw you in jail for hate speech
Super-callous-unrealistic-experienced-NOTUS!
< /sings >

[Reinmoose]

dammit RUSS 2000!

[h-dawg]

Goddammit, Ed, I'm having my breakfast. Ugh.

[x,y]

I'm pretty sure that in Ohio any "income" the house receives makes the game illegal. "Income" is broad enough to cover a door fee, like $5, even if it was used to buy pizza and beer for everyone.

[robc]

How is there not a lynch mob (with requisite pitchforks and torches) storming the sheriffs office?

My question is why hasnt the mob "kidnapped" the girl from social services and returned her and then stationed themselves around the house to prevent her from being taken again?

There comes a point in time where a line has been crossed that cant just be complained about. Of course, the only case I can think of where a community actually came together and did something like what Im suggesting was Elian Gonzalez. That didnt turn out well but there is a big difference between these two. The national outrage if San Mateo tried to take her back and/or disperse/slaughter the mob would be immense. They would back down from the bad PR in this case.

[Phil Helmuth]

From an elected official who gets it:

"When government makes it into Jay Leno's monologue, it is not a good sign. The recent crackdown on senior bingo in Carroll County is, I have to say it, penny ante.

I know what state law says about gambling. I also know that older residents wagering a little pocket change on bingo, cards and billiards does not make our senior centers into miniature Atlantic Cities? although it did bring some interesting questions to mind. Do our local seniors sport colorful nicknames like "Blackout" Bob or "Four Corners" Francis? Do silver-haired residents shuffle stacks of pennies like the pros on the World Series of Poker? Are officials worried about aging loan sharks sneaking around our senior centers with a pocket full of nickels? What happens when an unlucky older resident has a bad week at the bingo table and then can't afford to buy some big ticket item like a postage stamp?

There are a few things about this fiasco that stick in my craw. First, the government does not have any problem with senior citizens playing keno or buying lottery tickets. Our seniors are always welcome at the race tracks and every year we seem to get closer to legalizing slot machines. It seems the government doesn't mind gambling as long as it is the one raking in the chips.

Second, one of the best things for seniors is getting out of the house and spending time with other folks. If a penny game of cards keeps our older residents happier or healthier, then I say, "Deal me in." Growing old is hard enough without some overzealous government official treating a friendly bingo game like a bootlegging operation.

Finally, there is a legal principle called "de minimus non curat lex." Translated from fancy attorney's Latin, this phrase means the law does not cure trifles. My son's translation would be closer to, "You've got to be kidding me."

For many years, judges have understood that enforcing the law for ridiculously small violations is often a waste of time and money. Even worse, bureaucratic nitpicking trivializes the government and the law itself. The focus of public officials should be on solving real problems, not on rousting a bunch of harmless elderly citizens."

Mayor Haven Shoemaker, Jr.
Hampstead, Maryland

[LarryA]

You NEVER hear anybody say... Something solid and dependable and American. either.

Well, there's my Glock. 😉

How is there not a lynch mob (with requisite pitchforks and torches) storming the sheriffs office?

People in California no longer have the right to keep and bear farm implements. Nor can they be trusted with open flames.

Hillary for NOTUS!

Somehow, if I was into gambling, I'd be more afraid of Huckabee. Bishop-OTUS?

[ed]

If you say it loud enough someone will throw you in jail for hate speech

HaHaHaHa!

[Alice Bowie]

These people will be found NOT GUILTY.

There must b more 2 the story...

Simply put, a $5 contribution to Pizza/Soda is NOT a rake.

Someone in the PD or City Hall had an AX to grind with these people.

I'm suprised that they didn't bring up the J-Walking charges.

[hale]

If you lived in San Mateo County and were a poker player, you'd know that the police there are in the pocket of one Neil Obstadt, who runs a string of illegal gambling outfits all over California. I know the inhabitants of that house, and they're deeply into the Assumption circuit; that's why the cops took the girl away. Well-meaning people do stupid things when they're desperate and they've convinced themselves that they're successfully rigged the odds. Problem is, this isn't the kind of game that regular people can get away from clean. The house always wins, and in this case, Obstadt's the house anywhere in the western water table. My advice is, if you live in California, just don't play poker. Safest thing to do.

[squarooticus]

What is needed here are independent security contractors that provide security for individuals against the abuses of the state-run criminal gang. Basically, what I mean is a for-hire corporation with a paramilitary force that will insure you and your family against threats of aggression, harrassment, and imprisonment.

Only when the state has its monopoly on force eliminated will this sort of abuse stop.

[John]

Hale,

What is the "Assumption circuit". I don't know if the cops are in the pockets of the illegal gamblers, but they are certainly doing the bidding of the legal gambling industry. Legalizing gambling but only allowing a given set of chronies the right to run an establishment is no better than prohibition. In fact it is even worse. Under prohibition, they do the bidding of the scolds. Under this scheme they do the bidding of the monopolists. This is not about illegal gambling anymore. Gambling is legal all over California on Indian Reservations and the like. This is about enforcing a monopoly on gambling. If you notice, the cops seem to be a hell of a lot more intent on breaking up illegal gambling than they used to be under prohibition. When Gambling was illegal, they would never break up an neighborhood poker game, they went after the big games if they did at all. Now that they are basically the enforcement arm of big gaming, they go after every game because the monopoly must be enforced. Either gambling should be legal for everyone or no one. Fuck the legalized, police enforced monopoly for big gaming.

[Steve S.]

hale, sorry for my ignorance, but what the hell is "the Assumption circuit"?

[Gary]

They sheriff probably took the money to buy state lottery tickets.Fuck them!

[wtf?]

Neal Obstadt is the name of a fictional gangster character in two books by Tim Powers, Expiration Date and Last Call. I don't know what that poster is trying to pull.

[hale]

Don't worry. That was an elaborate inside joke for the benefit of readers of a particular novel about poker.

[GILMORE]

the fellow seems to be referencing novels by Tim Powers...

[J sub D]

Given the state of afairs in this country, I can't say if this is still true, but I hope so.

When I was a sailor poker games were a regular occurance on the mess deck. We had to use chips, not cash, so the chain of command could pretend that nothing untoward was happening. In the '70s - '80s, it was not unusual for me to win/lose a couple hundred in an evening. That's right, you puritan, intolerant, busybody nanny staters, the folks who were protecting you from the Soviet Union, guarding nuclear weapons in your name and impregnating your daughters whenever we pulled into port, also gambled regularly IN PLAIN SIGHT!

Oh, the horror of it all.

[de stijl]

Google is my friend (rotten tomatos to that professor who banned her students from using it.)

Besides turning up the two books mentioned above I also see that the character's name is a play on Nihil Obstat.

[J sub D]

I know you cops don't have the balls (or feel the need) to justify your actions to the public who pays your salary, but please, come over H&R and give it a try.

Yes, you're cordially invited to this discussiion. ... Darn! The San Mateo Sheriff doesn't have an E-mail address on their home page. Not even for the anonymous tip line. I so much wanted to send that invitation directly. Not that they'd accept. Cowards.

[J sub D]

Somebody should look at the judge who approved rubber stamped the warrant too. (They still let judges see warrants, don't they?)

You mean rubber stamped the warrant, don't you. Surely you don't think Judges actually read the stuff they sign, do you?

[joe]

Yeeeeah, if there were cops in my city playing for weeks at a poker game, let's just say that they wouldn't be charging their hours to overtime.

[TG]

This should become poker's Jena 6. We need pro poker players in the role of Sharpton and Jackson. Turn this into a national debate.

[J sub D]

Neal Obstadt is the name of a fictional gangster character in two books by Tim Powers, Expiration Date and Last Call. I don't know what that poster is trying to pull.

the fellow seems to be referencing novels by Tim Powers...

The collective knowledge Reasonoids possess of pop culture amazes me. Really.

[Vinnie]

That'll teach Oscar and Felix to invite Murray in on the game. And who knows what those Pigeon sisters are up to?

As the old folks say, "You can't trust anyone anymore!"

[Nick]

I bet the 13 year old daughter was being a royal pain in Mom and Dad's ass, so they had the cops they knew (from the poker game) raid the place and haul her away to scare the shit out of her. If that's what really happened, I nominate those parents for the Awesome Award.

[The Real Phil Hellmuth]

FU, Mr. Phil Hellmuth Imposter at 9:34 a.m.

I for one could care less if the SWAT team breaks into my game guns draw ... I can dodge bullets baby.

[Jake Boone]

Yay for Last Call references!

[hale]

The collective knowledge Reasonoids possess of pop culture amazes me. Really.

Awhile back there was a thread on novels (if I recall correctly), and Tim Powers was pretty well represented in the comments. I wondered if there is are just a lot of people who read his work in general, or if for some reason it's libertarians in particular who do.

[Raymond Chandler]

It was darker than a carload of assholes.

[BaBar]

"You NEVER hear anybody say... Something solid and dependable and American. either.

Well, there's my Glock. 😉
"

The Glock is made in Austria.

[boxxman]

"The revolution will be televised."
If we don't stand up against this type of civil liberties abuse, it will become more and more common, until it will be too late. If it isn't already.

My only advise would be to buy ammo.......

[Marcus]

The under cover cop was mad because the host provided pizza & soda instead of donut & coffee.

[LarryA]

The Glock is made in Austria.

Hence: 😉

[thebaglady]

I live in San Mateo, and really there isn't much crime here. The cops mostly just try to do revenue increasing things like speed traps and such. Once we had a woman email the entire office alerting us of speed traps right outside of the office. It's pretty hilarious.

[Hunter]

Actually, a lot of Glocks are made in Georgia.

That aside, this whole business blows.

[Philip Travisano]

Just to clear things up, it was a 13-year-old boy, not a girl. And Bert only supplied non-alcoholic beverages. But I appreciate the intention of your article. Bert and Trish are good, good people who merely love socializing and playing a great American game called Texas Hold'em.

[Aresen]

Actually, a lot of Glocks are made in Georgia

You mean, they're not actually all made by little old Austrian Glockmakers?

[Tim]

Lots of chatter an no talk of action. It's not an outrage unless people do something about it. Any one actually live in San Mateo? Any one planning to talk at the next city hall meeting? This is pretty major here, rights have been violated badly. I know of MANY home poker games that "break the law" just as much as that one, no way in hell what happened is okay. I'm in on a sitin at a city hall and I don't even live there. Will motivate many more too. Someone pipe in please.

[poorfarmer]

the bottom line is the police invested time in this sting and so therefore had to do something to justify their involvement. to provide undercover work and come out empty handed is not something the police dept highly values. i'm not saying the police where justified, just that their logic is wrong.

[Concerned about Double Standar]

San Mateo Sheriff, Undersheriff Found in Brothel

A Las Vegas prostitution sting this weekend found the sheriff and undersheriff of San Mateo County in a brothel.

San Mateo County Sheriff Greg Munks and Undersheriff Carlos Bolanos were briefly detained and questioned but not arrested, according to a Las Vegas Police Department spokesman.

"Operation Dollhouse" did result in six arrests and the seizure of 3,500 Ecstasy tabs and approximately $25,000 in cash at the brothel.

Police spokesman Bill Cassell did not release the name of the prostitution establishment where Munks and Bolanos were found but said it was in the south-central part of Las Vegas, two miles west of the strip in a mixed residential and light-industrial area.

Munks was sworn in as San Mateo sheriff on January 8.

[littlehorn]

One up for Rachel Faith's comment !

May Ron Paul win this damn Presidential Election and rid America of this crap.

[RAMBO]

I heard the winning hands were a full house of corrupt politicians and a straight flush of horny Lawmen

[Putto]

I find it funny that if your vehicle is broken into or things are stolen from your residence or any other small type burglary the cops will tell you they don't have the time to take this sort of case on. They have murders, rapes and other higher priority cases that they are back logged on BUT if there is a home poker game! Now there is some highly illegal activities there! Maybe it's time to lend out the San Mateo Police force to San Francisco and Oakland where there help is needed pretty badly. What a joke!

[Jack]

e cops will tell you they don't have the time to take this sort of case on. They have murders, rapes and other higher priority cases that they are back logged on BUT if there is a home poker game! Now there is some highly ill

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[sathi2000]

Of course, even if the hosts were cheating, it wouldn't justify a full-on raid, particularly in mid-tournament. The SWAT tactics seem more like intimidation. Raiding in mid-tournament
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[nasim]

Good thing the poor girl was saved before slouching toward an inevitable life of crime.
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