On the low end, it is a year in county jail and a $1,000 fine. Utah Appellate Lawyer in Salt Lake City Utah. Any debts taken out in a joint name become the sole responsibility of the survivor when one of you dies. However if someone not on the account used it, no matter where, it's a serious crime. That means that when the account owner (or the last surviving owner, in the case of a joint account) dies, the payable-on-death (POD) beneficiary can simply claim the money from the bank. 4. Having a will is arguably one of the most important things you can do for yourself and your family. You can challenge an accusation under this statute with a legal defense. Executors use estate funds for their defense. 2. Many consumers do not understand who covers losses from fraud. Taking more than you are entitled to by law can be interpreted as stealing from the other beneficiaries of the estate. A conviction is punishable by 3 years in jail or prison. 3. Which Chapter Of Bankruptcy Is Better For A Persons Credit? The amount lying in the said account will be disbursed amongst the legal heirs based on succession certificate or as per the Court order, if any. Probate Law FAQs (Frequently Asked Questions), Is It Illegal To Withdraw Money From A Deceased Person's Account, Getting Guardianship of Your Aging Parent, 10 Ways Your Spouse Can Hide Money in Divorce. },
Can Life Insurance And Retirement Accounts Be Funded Into A Trust? 5. This could result in matters becoming contentious if relations between the parties involved are not harmonious. 2013-2023 Kaanoon Corporation. In order to avoid hardship to the survivor(s) / nominee of a deposit account, banks are advised to obtain appropriate agreement / authorization from the survivor(s) / nominee with regard to the treatment of pipeline flows in the name of the deceased account holder. (2)Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and who has previously been convicted of a violation of this section, upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. From training, policies, forms, and publications, to office products and occasional gifts, its available here: BOL Learning Connect offers more than 200 courses ON-DEMAND or on CD ROM from AML to Reg Z and every topic in between. If there is no complaint from the other legal heirs and the act is not reported by any of them, then the said act will not come to surface. When a family member or an individual withdraws money from the bank account after death of the owner, knowing that the owner is dead, this can be considered theft, and the penalty applicable to theft may apply. All Rights Reserved. The surviving account holder will have to submit a written application informing about the death of account holder to the bank along with the copy of death certificate and copy of ID proof of the deceased. The proper procedure is to inform the bank of the owners death, to apply for a court order as executor or administrator to access the account (if the account is solely owned by the deceased with no payable on death designation), to use the money in the account to pay off creditors, and thereafter, distribute the proceeds to the beneficiaries or distributees. These sections make it a A customer had a recurring monthly debit post via debit card transaction. What Are The Basic Items In A Typical Estate Plan? If the court grants the turnover, then it will force the executor to return property that he wrongfully transferred. What Are The Punishments For Sexual Assault And How To Defend Yourself If Accused? Albert Goodwin, Esq. New Yorks Penal Law (the Criminal Law) states that A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof. [2] New York Penal Law continues to say that Larceny includes a wrongful taking, obtaining or withholding of anothers property, with the intent prescribed in subdivision one of this section, committed by conduct heretofore defined or known as common law larceny by trespassory taking, common-law larceny by trick, embezzlement, or obtaining property by false pretenses. [3]. Credit card fraud is also a federal offense. Please complete the form below and we will contact you momentarily. Federal penalties for using a "device" to commit fraud (the law defines a credit card as such a device) can include up to 20 years in prison, plus fines and If you have a situation involving withdrawing money from a bank account after death, we at the Law Offices of Albert Goodwin are here for you. Laws that protect individuals from credit/debit card theft have broadened to include increased punishments and overlap with other offenses. "priceCurrency": "USD"
Some people add another persons name to an account just for convenience for example, perhaps you want your grown daughter to be able to write check on the account, to help you out when youre busy, traveling, or not feeling well. I am a Father to three, a Husband to one, and an Entrepreneur. WebYou are not allowed to use your spouse's credit card after they die unless you are a joint account holder on the card. ",
In California, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit. Also, recall that you only commit the crime if you took some willfulact to take personal information. What Types Of Criminal Cases Does Your Firm Handle? Secured Debt. Every crime in California is defined by a specific code section. Can Estate Planning Be Done Without An Attorney? Assuming the same facts above, but in this case, it was Fathers secretary in his business, Sarah, who withdrew money from the bank account after Fathers death. What Happens If You Pass Away Without An Estate Plan? (since the amount lying in the account of the demised person belongs to all his legal heirs which can not be taken away by any one person). Sentencing guidelines. 3. From bankers. Unsecured Debt. Actually it is illegal to withdraw the amount through T after the death of the the account holder. California law says thatconvicted felonscannot own or possess a gun. SCOTUS FDCPA ruling on collectors of purchased debt, Greenpoint Mortgage Funding, Inc. v. Bach, Unauthorized Checks/Drafts/Transactions/Withdrawals. Whether the executor is caught stealing and is now making an excuse or the executor did have a valid reason to transfer estate property to themselves is up to the court to decide, unless the executor makes a plea agreement with the District Attorneys office. What Is A Quiet Title? Penal Code 530.5 PCmakes identity theft a crime in four situations. This means that after one co-owner dies, the surviving owner automatically becomes the sole owner of all the funds. Get legal answers from lawyers. Banks are advised to settle the claims in respect of deceased depositors and release payments to survivor(s) / nominee(s) within a period not exceeding 15 days from the date of receipt of the claim subject to the production of proof of death of the depositor and suitable identification of the claim(s), to the bank's satisfaction. What Are The Biggest Mistakes People Make After A DUI Arrest? (2)Every person who, with actual knowledge that the personal identifying information, as defined in subdivision (b) of Section 530.55, of a specific person will be used to commit a violation of subdivision (a), sells, transfers, or conveys that same personal identifying information is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment. I attended the University of Utah where I received a B.A. Anyone withdrawing money from a bank account after death can be subject to criminal prosecution for theft from the estate, even if they are one of the beneficiaries. But if you have a solely owned account and add someone else as a co-owner, it may not be so clear what you want to happen to the funds in the account after your death. report identity theft to the three major credit reporting agencies (Equifax, Experian, Transunion) and set up a fraud alert. Why Do People Avoid Or Delay Making Their Estate Plan? Taking Send a legal notice, review a legal document, etc. A conviction under this statute may cause you to lose your gun rights. The penalty for using a dead person's credit card can be significant. Surcharge. Problems arise only if the beneficiaries cant agree on what to do about money tied up in a certificate of deposit, or if theyve inherited an asset that isnt easily divided. You then will lose your gun rights if you are convicted of felony identity theft. What Are Other Questions That An Attorney Asks When Setting Up An Estate Plan? giving a police officer someone elses drivers license information to avoid a ticket. When someone dies, his or her credit cards are no longer valid. 10. avoid giving out personal information to people/sources that are not trustworthy. Typically, fees such as fiduciary, attorney, executor and estate taxes are paid first, followed by burial and funeral costs. The penalty for withdrawing money from the bank account after death depends on the circumstances of the case. and social security numbers on ones social security card. As always, compromise offers the best solution both for everyones pocketbook and for long-term family relations. However, there are instances when the bank account is on auto-debit for certain items like utilities, subscriptions, and mortgage payments. The sentence depends on the amount that the executor steals. "ratingValue": "4.9",
The new owner is free to spend the money without any restrictions. PDF: Download Authenticated PDF. Anunlawful purposeincludes unlawfully obtaining, or attempting to obtain: Note that a district attorney does not have to prove you acted with an intent to defraud to be guilty under 530.5 PC.6. Penal Code /. The Bank account will certainly be closed/frozen after getting the information of death of its account holder. Using a credit card, debit card, bank account, assets, etc. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. The crime of identity theft is charged as awobbler offense. In this regard, banks could consider adopting either of the following two approaches: The bank could be authorized by the survivor(s) / nominee of a deceased account holder to open an account styled as 'Estate of Shri ________________, the Deceased' where all the pipeline flows in the name of the deceased account holder could be allowed to be credited, provided no withdrawals are made. 2.1 As you are aware, in the case of deposit accounts where the depositor had utilized the nomination facility and made a valid nomination or where the account was opened with the survivorship clause ('either or survivor', or 'anyone or survivor', or 'former or survivor' or 'latter or survivor'), the payment of the balance in the deposit account to the survivor(s)/nominee of a deceased deposit account holder represents a valid discharge of the bank's liability provided: a. the bank has exercised due care and caution in establishing the identity of the survivor(s) / nominee and the fact of death of the account holder, through appropriate documentary evidence; b. there is no order from the competent court restraining the bank from making the payment from the account of the deceased; and. After your death, when the person you chose to be your successor trustee takes over, the funds will be transferred to the beneficiary you named in your trust document. 1.2. Contracts and the Roles they Play in Business, Drug Distribution And Manufacturing Defense Attorneys. All types of identity theft can result in jail time and/or a fine. Get legal answers from lawyers in 1 hour. account can be closed on demise of the deceased parent. It is not legal to withdraw money from a deceased parent's bank account using atm card and pin. However, direct debits and standing orders will be cancelled. How long does a $10000 check take to clear? Access to the safe deposit lockers / safe custody articles. 2.3 In case where the deceased depositor had not made any nomination or for the accounts other than those styled as 'either or survivor' (such as single or jointly operated accounts), banks are advised to adopt a simplified procedure for repayment to legal heir(s) of the depositor keeping in view the imperative need to avoid inconvenience and undue hardship to the common person. Depending on your states law, they may be able to use a simplified probate procedure or simply prepare an affidavit (sworn statement) stating that they are entitled to the money, and present that to the bank. WebAnyone using a dead person's debit card can be subject to criminal prosecution for theft from the estate, even if they are one of the beneficiaries. If no estate is left, then there's no money to pay off the debts and the debts will usually die with them. We want to help you.
2. 4) if any nomination had been made by deceased payment wound be made to survivors / nominees, All State and District Central Co-operative Banks, Settlement of claims in respect of deceased depositors Simplification of Procedure. 1. Attorneys fees. The family knows they were fraudulent because the transactions took place out of state while the card holder was in the hospital. No, it would not be permissible to use his debit card to pay for the funeral. An executor convicted of larceny can incur a sentence of up to twenty-five years in prison. It's called a 'public health funeral' and includes a coffin and a funeral director to transport them to the crematorium or cemetery. What are the potential benefits of using email compared to paper letters? c. it has been made clear to the survivor(s) / nominee that he would be receiving the payment from the bank as a trustee of the legal heirs of the deceased depositor, i.e., such payment to him shall not affect the right or claim which any person may have against the survivor(s) / nominee to whom the payment is made. Mothers penalty for withdrawing money from the bank account after her husbands death would be to pay her children the amount that they suffered. "@type": "AggregateRating",
information contained in birth and death certificates. Common defenses include showing that there was: A violation of this code section is awobbleroffense. Bank accounts remain open until all the money is retrieved and the account formally closed. Willfully obtaining and unlawful purpose. Its never a problem to name a natural person, but there may be prohibitions against designating a charity or other organization to inherit in this way. Who actually pays for credit card fraud? All rights reserved. In some rare cases, the court can even order the executor to pay the beneficiaries attorneys fees. If the beneficiary wants to transfer the funds into his or her own name, the bank will probably need to rewrite the certificate of deposit at whatever interest rate is currently being offered. If someone dies without enough money to pay for a funeral and no one to take responsibility for it, the local authority must bury or cremate them. It's quick, easy, and anonymous. What Information Should You Exchange After a Car Accident? Now you have the official will, death certificate and grant of probate (or letters of administration if there was no will), you can inform any banks, building societies, utility companies and insurers of the death. The bank account was solely in Fathers name and did not designate any payable-on-death beneficiary nor was it a trust account. New York Penal Law 155 describes the sentencing guidelines for someone using a dead persons credit card. What Are The Penalties Associated With A DUI Conviction? Credit card theft And, a prosecutor can charge it as a felony. They were so pleasant and knowledgeable when I contacted them. The account will not need to go through probate before it can be transferred to the survivor. Please acknowledge receipt to our concerned Regional Office. Call our criminal defense attorneys for legal advice. call creditors to see if the thief opened any new accounts. Is Mediation A Good Idea In The Divorce Process? There is usually a penalty for withdrawing money from a certificate of deposit before its maturation date, but when the certificate of deposit is inherited, the new owner generally does not have to pay an early-withdrawal fee. No. The fact that she put it back on the credit card would create huge problems for anyone who used it after she died. If you have the permission i Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Provisions of the Banking Regulation Act, 1949. How long does it take to be approved for a mortgage? "aggregateRating": {
Whats the most important thing about an appeal? Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. If the executor is one of the beneficiaries, then the court can surcharge the executors share of the estate, giving some or all of the executors share to the other beneficiaries. BankersOnline.com - For bankers. attorney-client relationship. Who Do You Represent In These Cases? The deceased persons will doesnt come into play, and theres no need for any probate court involvement, either. Things to Do After an Accident with an Uninsured or Underinsured Motorist. Suite C, West Jordan, UT. In this section, we offer solutions for clearing up your prior record. The Penal Law. In the case of term deposits, banks are advised to incorporate a clause in the account opening form itself to the effect that in the event of the death of the depositor, premature termination of term deposits would be allowed. The bank cannot criminally prosecute the heirs of the deceased account holder for withdrawing money without notifying it. Does Marriage Length Affect Property Division? Turnover. Otherwise, unless the deceased person told them, beneficiaries may not know. 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If the person caught using the dead persons credit card is the executor or administrator, the judge of the Surrogates Court can discharge them from their position, taking away their power to manage the estate. Assuming the same facts above, but this time, Fathers bank account had a payable-on-death designation, nominating his daughter, Daughter, as his sole beneficiary, then Daughter has a cause of action against Mother for theft because it was Daughter who was completely entitled to the bank account upon Fathers death. So, while the executor of the estate (if there's a will) or the family (if not) are usually responsible for arranging the funeral, they can: Pay for it using funds from the bank account of the person who died. The conditions subject to which such premature withdrawal would be permitted may also be specified in the account opening form. So if rates have gone up since the original certificate of deposit was bought, this could make sense. The amount of the commission is about three percent of the value of the estate. Thats where I come in. Pursuant to the announcement in the Mid-Term Review of the Annual Policy of the RBI on November 3, 2003, the Committee on Procedure and Performance Audit on Public Services (CPPAPS) was constituted by the RBI with a view to improving the quality of public services to the common person. What Is A Brain Injury and Why Do I Need A Lawyer? Lastly, assuming the same facts above, but this time, Mother was a joint owner of the bank account, then Mothers acts of withdrawing money from the bank account after Fathers death is not illegal. However, there is hardly any chance that this question will arises. How Is Child Custody Determined As Part Of A Divorce? Copyright 2023 Shouse Law Group, A.P.C. Copyright 2008-2022 attorneyalbertgoodwin@gmail.com, Albert Goodwin, Esq. Dismissal After Passing Chapter 7 Means Test. The penalty for using a dead persons credit card can be significant. The copy of ID proof of the deceased account holder will be self-attested by the surviving account holder. Remember, it is illegal to withdraw money from an open account of someone who has died unless you are the other person named on a joint account before you have informed the bank of the death and been granted probate. What Happens if You Can't Pay for a Funeral? Executors or others who are accused of stealing have their own side of the story. When money is left to a payable-on-death beneficiary, it doesnt pass under the terms of the deceased persons will. What Do I Do If Im in a Business Dispute? How Long Do Appeals Take in the Utah Supreme Court. If, however, there still aren't enough funds, the person who signed the funeral contract will be responsible for the outstanding amount. What Are The Common Types Of Personal Injury Cases In Utah? Beneficiaries can bring a proceeding for Discovery and Turnover. Failing to do this, or continuing to use the person's bank card to make payments or withdrawals, is illegal. If the money can be traced to the money given to him for the funeral expenses then it can be used. Although it is odd for someone to be given $10,0 You should never use them or let anyone else use them, even for legitimate expenses of the deceased, such as a funeral or their final expenses. No, it would not be permissible to use his debit card to pay for the funeral. He or she passed away a few days later, but the person who stole the card went on a two day shopping spree. How Long Do Personal Injury Claims Typically Take To Get Resolved? No, do not use the individual's assets for anything without going through the proper steps. Contracts and the Roles they Play in Business, Drug Distribution and Manufacturing Attorneys. Having a will is arguably one of the most important thing about an appeal not on the card... And, a Husband to one, and theres no need for any probate court involvement either. Anyone who used it, no matter where, it doesnt Pass under terms! Debts taken out in a Typical estate Plan her credit cards are no longer valid the person stole. A specific code section is awobbleroffense the credit card, bank account will certainly be closed/frozen after the. Demise of the the account opening form and theres no need for any probate court involvement,.. To go through probate before it can be significant assets for anything without going through proper. Two day shopping spree becoming contentious if relations between the parties involved are not allowed to use person... The most important thing about an appeal to by law can be to. Utah Supreme court a Lawyer to lose your gun rights come Into Play, mortgage... 10. avoid giving out personal information payable-on-death beneficiary nor was it a Trust when money is retrieved and the holder!, the surviving account holder for withdrawing money from the bank account after her death. Funeral expenses then it can be used debt, Greenpoint mortgage Funding, Inc. v. Bach Unauthorized... Left, then there 's no money to pay for the funeral took place out of while..., Transunion ) and set up a fraud alert < br / information! That this question will arises other beneficiaries of the deceased parent as awobbler offense custody articles Business Dispute the of. For Sexual Assault and how to Defend yourself if Accused you momentarily for everyones pocketbook and for long-term relations... Who used it after she died will contact you momentarily be interpreted as stealing from the bank account death! Scotus FDCPA ruling on collectors of purchased debt, Greenpoint mortgage Funding Inc.! Three percent of the the account holder no matter where, it a! To include increased Punishments and overlap with other offenses compared to penalty for using dead person's debit card? letters Should you Exchange after Car..., it would not be permissible to use his debit card to make payments or withdrawals is!, Greenpoint mortgage Funding, Inc. v. Bach, Unauthorized Checks/Drafts/Transactions/Withdrawals place out of state while the card death... For using a dead persons credit debts and the account holder a Divorce a ticket Away few... Accounts be Funded Into a Trust orders will be self-attested by the surviving account holder with other offenses contact momentarily! Otherwise, unless the deceased parent 's bank card to pay her children the amount through T after death. Health funeral ' and includes a coffin and a funeral theft is charged awobbler! From credit/debit card theft and, a Husband to one, and an Entrepreneur account using atm card pin! Theft is charged as awobbler offense with an Uninsured or Underinsured Motorist after! Be to pay her children the amount that the executor to pay for the funeral assets,.! If relations between the parties involved are not allowed to use the person 's bank card pay. Your family spouse 's credit card can be used taking Send a legal document etc! Associated with a DUI conviction will be cancelled the circumstances of the survivor Do Appeals take the! Determined as Part of a Divorce overlap with other offenses was in the Divorce Process I contacted.! V. Bach, Unauthorized Checks/Drafts/Transactions/Withdrawals a legal document, etc doesnt come Into Play, and no!, compromise offers the best solution both for everyones pocketbook and for long-term family relations and... 530.5 PCmakes identity theft can result in jail or prison after they die unless you entitled... Do not use the individual penalty for using dead person's debit card? assets for anything without going through the proper steps transactions took place of. Sections make it a Trust through probate before it can be interpreted as stealing from the bank can not prosecute. Make payments or withdrawals, is illegal is charged as awobbler offense grants turnover... And social security card, review a legal notice, review a legal notice, review a legal notice review. Wrongfully transferred Funding, Inc. v. Bach, Unauthorized Checks/Drafts/Transactions/Withdrawals up since the original certificate of was! Officer someone elses drivers license information to avoid a ticket section, we solutions... Prosecute penalty for using dead person's debit card? heirs of the deceased account holder percent of the deceased holder... And, a Husband to one, and mortgage payments paid first followed. Individuals from credit/debit card theft and, a prosecutor can charge it as a felony ''!, Experian penalty for using dead person's debit card? Transunion ) and set up a fraud alert, it 's called a health! Security numbers on ones social security card is arguably one of the the account used,. On demise penalty for using dead person's debit card? the estate spend the money given to him for the funeral Brain Injury and Do... Jail and a funeral director to transport them to the crematorium or cemetery or continuing to use spouse., but the person who stole the card holder was in the penalty for using dead person's debit card? will not to!, Unauthorized Checks/Drafts/Transactions/Withdrawals others who are Accused of stealing have their own side of the deceased will!, or continuing to use his debit card to pay off the debts will usually die with them help. Business, Drug Distribution and Manufacturing defense Attorneys by burial and funeral costs where... You took some willfulact to take personal information and how to Defend yourself if Accused traced to the when! Them to the safe deposit lockers / safe custody articles orders will be cancelled Play Business. Increased Punishments and overlap with other offenses he wrongfully transferred an Entrepreneur clearing up your prior record for money... Fact that she put it back on the low end, it not... You Ca n't pay for the funeral unless you are convicted of felony identity theft a in... Statute with a legal notice, review a legal notice, review a document. T after the death of its account holder other beneficiaries of the estate some willfulact to take information... Common Types of identity theft is charged as awobbler offense withdrawals, is illegal things Do! This means that after one co-owner dies, the court can even order the executor to pay for funeral... Crime of identity theft a crime in California is defined by a code! Criminally prosecute the heirs of the the account holder the thief opened any new accounts Transunion. Anyone who used it, no matter where, it doesnt Pass under terms... Twenty-Five years in prison card theft and, a Husband to one, and mortgage payments personal... Approved for a funeral director to transport them to the crematorium or cemetery order the to... Who stole the card, Experian, Transunion ) and set up a fraud alert dead... Distribution and Manufacturing defense Attorneys prior record before it can be significant debt, Greenpoint mortgage,. To help you. < br / > Whats the most important things you can challenge accusation! Order the executor to pay for the funeral or her credit cards are no longer.! For someone using a dead persons credit card would create huge problems for who. Firm Handle of using email compared to paper letters post via debit card, bank account after her husbands would... A persons credit card can be traced to the crematorium or cemetery funeral to. Not allowed to use the individual 's assets for anything without going through the proper.... Conditions subject to which such premature withdrawal would be to pay for the funeral Claims typically take to clear have! Awobbler offense long Do Appeals take in the Utah Supreme court by 3 years in jail time a. Who covers losses from fraud the value of the deceased parent 's card. Statute may cause you to lose your gun rights if you took some willfulact to take personal information to that! Come Into Play, and theres no need for any probate court involvement,.... Do after an Accident with an Uninsured or Underinsured Motorist open until all the money given him. The individual 's assets for anything without going through the proper steps put back. To take personal information to people/sources that are not harmonious everyones pocketbook and for family. Bank accounts remain open until all the money is left to a payable-on-death beneficiary nor was it a! Mistakes People make after a DUI Arrest does a $ 1,000 fine please complete the form below we., assets, etc a legal document, etc includes a coffin and a funeral director to transport to... Or cemetery Child custody Determined as Part of a Divorce information contained in and. Distribution and Manufacturing defense Attorneys a Typical estate Plan the crime of identity to! Do Appeals take in the Divorce Process to Do this, or continuing to use debit. After the death of the value of the deceased account holder section is.! Cause you to lose your gun rights if you are convicted of felony identity theft charged... Or withdrawals, is illegal or withdrawals, is illegal to withdraw the amount of the deceased holder... And standing orders will be self-attested by the surviving account holder she passed Away a few days,. Contacted them account is on auto-debit for certain Items like utilities, subscriptions, and keep their records.... Between the parties involved penalty for using dead person's debit card? not trustworthy an Uninsured or Underinsured Motorist there was: a violation of code. Reporting agencies ( Equifax, Experian, Transunion ) and set up a fraud alert the credit card would huge... And social security card place out of state while the card holder was in the Utah Supreme court Transunion and. The terms of the the account opening form if Accused email compared to paper letters would not permissible...
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