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Tag: whistleblower

  • As ICE scales up hiring, whistleblower documents reveal deep cuts to training program

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    New whistleblower documents detail substantial cuts by the Trump administration to the training requirements for new immigration officers.

    Among the cuts are the elimination of practical exams, use of force and legal training courses, and an overall reduction in training time, contrary to an official’s testimony to Congress earlier this month.

    The documents, provided to Sen. Richard Blumenthal (D-Conn.) by whistleblowers from the Department of Homeland Security, were publicly revealed ahead of a forum Monday with congressional Democrats — the third in recent weeks probing what the members view as abusive and illegal tactics used by federal agents.

    Lauren Bis, deputy assistant public affairs secretary at Homeland Security, said no training hours have been cut.

    “Our officers receive extensive firearm training, are taught de-escalation tactics, and receive 4th and 5th Amendment comprehensive instruction,” she said. “The training does not stop after graduation from the academy. Recruits are put on a rigorous on-the-job training program that is tracked and monitored.”

    Earlier this month, acting ICE Director Todd Lyons testified to Congress that while the agency had reduced the number of training days to 42 from 75, “We went from five days a week to six days a week. Five days a week was five eight-hour days and we’ve gone to six 12-hour days.”

    But the documents appear to contradict Lyons’ testimony.

    “The schedules reflected on these documents indicate that current ICE recruits receive nearly 250 fewer hours of training than previous cohorts of recruits,” according to a 90-page memorandum from minority staff of the Senate Permanent Subcommittee on Investigations. Blumenthal is the top Democrat on that committee.

    Blumenthal’s office also disclosed the identity of one whistleblower: Ryan Schwank, an attorney who most recently served as an instructor for new Immigration and Customs Enforcement recruits at the ICE Academy within the Federal Law Enforcement Training Center in Georgia.

    Schwank, who resigned Feb. 13, is one of two whistleblowers who made a confidential disclosure to Blumenthal’s office last month regarding an ICE policy allowing agents to forcefully enter people’s homes without a judicial warrant.

    In his testimony Monday, Schwank said that for the last five months, he watched ICE leadership dismantle its training program. What remains, he said, is a “dangerous husk.”

    Schwank said the assertion by Homeland Security leaders that cadets receive the same training in a shorter time frame “is a lie.”

    “This means that cadets are not taught what it means to be objectively reasonable, the very standard which the law requires them to meet when deciding whether or not to use deadly force,” he said. “Our jobs as instructors are to teach them so well they can make split-second decisions about what they can and cannot do in life-or-death situations. Yet in the name of churning out an endless stream of officers, DHS leadership has dismantled the academic and practical tests that we need to know if cadets can safely and lawfully perform their job.”

    Schwank said he was shown the secret memo authorizing forceful home entry on his first day as a training instructor. He was told to teach its contents but not to take notes on it or discuss its existence.

    “Never in my career had I ever received such a blatant unlawful order, nor one conveyed in such a troubling manner,” he said. “Incredibly, I was being shown this memo in secret by my supervisor, who made sure that I understood that disobedience would cost me my job.”

    “So in effect, you were told, as an instructor on the law, that you were to train ICE agents how to break the law,” Blumenthal told Schwank.

    Schwank told Blumenthal that the reason he received the training position was because the lawyer in the position before him had been forced to resign on their refusal to teach the contents of the memo.

    Another witness at the forum was Teyana Gibson Brown, whose husband, Garrison Gibson, was arrested in Minneapolis last month after agents burst through their door with guns drawn. She said she and her husband repeatedly asked to see a warrant but were ignored.

    “I heard the door pop and I realized we were no longer protected,” she said. “Ten officers that were all armed were standing in front of me and my family. Words can never be sufficient for me to portray what sorts of horror we felt in this moment.”

    Rep. Robert Garcia (D-Long Beach) said the notion that “ICE wants to write its own permission slip, without a judge, to break down your door and to violate your rights” should terrify all Americans. Garcia, the top Democrat on the House Oversight Committee, led the forum with Blumenthal.

    Blumenthal’s office did not confirm whether Schwank or the other whistleblower, who is still anonymous, provided the documents that were released Monday and included in the 90-page memo.

    The documents show ICE has eliminated more than a dozen practical exams that ICE officers previously needed to graduate. In July 2021, a cadet needed to pass 25 practical exams to graduate. Now, nine are required.

    Eliminated exams include “Judgment pistol shooting,” “Criminal encounters,” and “Determine removability.”

    “All of these are now instead evaluated, if at all, mainly by open-book, multiple-choice written exams and without any graded practical examinations,” the memo states.

    During the hearing, Blumenthal raised a poster showing the two lists of exam topics. The longer list, Schwank told him, was a vital lesson on things like “how to use their firearms safely, how to encounter an individual they intended to detain, much like Mrs. Gibson Brown’s husband.”

    Tests that used to be closed-book became open-book, he said. As a result, he watched cadets graduate despite using excessive force in practical exercises.

    Comparisons between the program’s syllabus table of contents and general information sections from July 2025 — before the surge in hiring — and this month show that ICE appears to have cut whole courses, such as use of force simulation training, U.S. government structure, criminal versus removal proceedings, and use of force.

    In a statement, Homeland Security said no training requirements have been removed and that new recruits get 56 days of training and an average of 28 days of on-the-job training. The agency said training was streamlined to cut redundancy and incorporate technological advancements without cutting subject matter content.

    Candidates still learn the same elements always required, the agency said, including multiple classes on use-of-force policy, as well as safe arrest techniques and de-escalation.

    The training reductions come as ICE plans to bring up more than 4,000 new Enforcement and Removal Operations officers this fiscal year, which ends in September. One of the documents notes that ICE had graduated 803 new officers in 2026 as of Jan. 29 and projected 3,204 more graduates by the end of the fiscal year.

    In its statement, Homeland Security said the agency is prepared to train 12,000 new hires this year, and that the majority of new hires are experienced law enforcement officers who have already gone through a police academy.

    Sen. Catherine Cortez Masto (D-Nevada) asked Schwank about the new officers ICE has hired.

    “Are they police officers that already have this training, so they don’t have to worry about it?” she asked. “Is it individuals that don’t have any law enforcement background?”

    Schwank said the cadets he met genuinely wanted to learn and to do their jobs correctly but didn’t arrive with a law enforcement background.

    “I’ve had cadets who are 18 years old,” he said. “I had a cadet who celebrated her 19th birthday in her classes. We have cadets who don’t have college degrees. We have cadets for whom English is not their primary language.”

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    Andrea Castillo

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  • Colorado bill aims to protect whistleblowers who report police misconduct

    Colorado bill aims to protect whistleblowers who report police misconduct

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    EDGEWATER, Colo. — Lawmakers will hold a hearing Tuesday on a bill aimed at protecting whistleblowers who report police misconduct.

    Supporters say House Bill 24-1460 is long overdue and will help root out bad cops in Colorado. Law enforcement groups, however, oppose it, calling it irresponsible and unnecessary.

    From an early age, McKinzie Rees knew what she wanted to be.

    “My grandpa was a police officer, and I just always wanted to be a police officer,” Rees said.

    McKinzie Rees

    McKinzie Rees, a former police officer with the Edgewater Police Department, is pushing for the passage of a bill to protect those who report police misconduct.

    Rees lived her dream for a few years. She started out with the Black Hawk Police Department and eventually found her way to the Edgewater Police Department.

    “In the beginning, it wasn’t so bad,” Rees said.

    But things changed in 2019 after a Christmas party.

    “I was sexually assaulted by one of my sergeants,” Rees said.

    Rees said she and that sergeant, Nathan Geerdes, were in the back seat of an Uber heading to another gathering when the sexual assault occurred.

    “I was, you know, trying to push him off and kind of like, you know, make it known that I didn’t want any part of what he was doing,” said Rees.

    Rees said Geerdes made her date sit in the front seat with the Uber driver while he sat in the backseat with her.

    “I didn’t want to cause a massive scene in the Uber with a driver that I don’t know. And then my date sitting in the front seat was kind of in an awkward situation,” said Rees.

    She said Geerdes sexually assaulted her a second time in the hallway of the restaurant they stopped at.

    “I told my date, “Let’s just eat our pizza and get out of here,”” Rees said.

    She said she reported the incident to a colleague but heard nothing for almost a year.

    Crime

    Former Edgewater, Black Hawk officer indicted on unlawful sexual contact charges

    11:55 AM, Dec 07, 2022

    “I got pulled into a room with a couple of other members of the department and asked to tell them about what had happened at the Christmas party a year prior,” Rees said.

    She later learned two members of the police department had approached the First Judicial District Attorney’s Office.

    “They felt that the department wasn’t handling it the way they should have handled it, that it was kind of kept hush-hush,” said Rees.

    Geerdes was eventually indicted by a grand jury and pleaded guilty to unlawful sexual contact, official misconduct, and forgery. He was sentenced to four years probation and must register as a sex offender. He also can no longer work in law enforcement.

    At Geerdes’ sentencing earlier this year, Rees said she learned she wasn’t his only victim. She said another woman stepped forward and accused him of sexually assaulting her several years before.

    “It was a surprise, but it wasn’t a surprise because I felt what he did was very brazen and something that had been practiced almost,” said Rees.

    Rees is now pushing for the passage of HB24-1460, which would require law enforcement to investigate misconduct allegations and save the documents related to the case for three years. Victims could sue agencies and peace officers that don’t investigate misconduct allegations. In addition, officers who do nothing could be charged with a misdemeanor.

    Law-enforcement groups, including the Colorado Fraternal Order of Police and the County Sheriffs of Colorado, have come out against the bill, calling it irresponsible and punitive.

    “Together we stand united against the ‘unprofessional conduct’ or ‘misconduct’ of peace officers,” the groups said in a statement. “This bill, however, unnecessarily singles out one profession – law enforcement – for prosecution, marking the first time any occupation would be subject to criminal penalties for failing to report speculative violations of undefined conduct.”

    The groups said there are already “extensive guardrails” to address police misconduct and hold bad actors accountable.

    “Adding new rules targeting police who may or may not be ‘reasonably aware’ of another officer’s possible misconduct appears more punitive than solution-oriented,” they said.

    They also said a bill like this can’t be thoughtfully considered with little time left in the legislative session.

    Local News

    Former officer accused of unlawful sexual contact faces additional charges

    10:45 PM, Jun 26, 2023

    State Rep. Leslie Herod, D-Denver, one of the bill’s primary sponsors, said there is plenty of time to consider the bill and make any necessary changes.

    “What I’ve heard time and time again is law enforcement saying the thing that a good cop hates the most is a bad cop,” said Herod. “This bill holds those bad cops accountable.”

    Herod said she’s thankful Rees and others have stepped forward to craft and support the bill.

    “It is extremely brave to see McKinzie and so many others stepping forward to tell their stories,” said Herod.

    Rees plans to testify in support of the bill when it’s heard in the House Judiciary Committee Tuesday afternoon.

    Rees said she resigned from the Edgewater Police Department because she was about to be fired. She believes she was retaliated against for speaking up about what happened to her.

    “Just speaking up about things, you get a lot of backlash when that happens,” said Rees.

    She said because her police record includes a resignation in lieu of termination, she’s not been able to get a job.

    She’s currently involved in a lawsuit with the City of Edgewater and hopes to have a resolution soon so she can get back to doing what she loves.


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    Brandon Richard

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  • Doctor files whistleblower lawsuit against DMC after patient becomes quadriplegic

    Doctor files whistleblower lawsuit against DMC after patient becomes quadriplegic

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    click to enlarge

    Steve Neavling

    Detroit Receiving Hospital is part of the Detroit Medical Center.

    A former medical resident at Detroit Medical Center is suing the hospital system, saying he was fired in retaliation for blowing the whistle on the mistreatment of a patient who subsequently became quadriplegic.

    Joseph Owens was terminated from the residency program in November, less than a month after he notified his supervisor of a series of avoidable missteps, according to the lawsuit filed Wednesday in Wayne County Circuit Court.

    A 69-year-old man was admitted to Detroit Receiving Hospital for an acute kidney injury on Aug. 24, 2023, complaining of weakness and a possible seizure.

    Even though hospital staff knew he was a fall risk, the patient was placed in a sitting position on his hospital bed, with his feet on the floor and a bedside table in front of him, so that he could eat dinner. A hospital employee, known as a sitter, should have restrained the patient so he didn’t fall, but did not, according to the lawsuit against Tenet, which owns DMC.

    The lawsuit also names Wayne State University, where Owens was enrolled in the medical residency program, and his superior, Dr. Shaheena Raheem.

    After the patient’s eyes rolled back, he fell to the ground, striking his head and seriously injuring his spine. It appeared he had been having what is known as a grand mal seizure, according to the suit.

    Despite the serious injuries, the patient was not taken to the intensive care unit, and there was no staff available to give him a head CT scan.

    The next morning, the patient “was unable to move any of his extremities,” the lawsuit states.

    It was later determined that he was a quadriplegic as a result of his spinal injuries and likely would never move his arms or feet again.

    Although Owens was one of several residents and doctors in the room after the fall, he faced all of the criticism, he says.

    Raheem sent him a letter on Sept. 6, complaining of his patient care. She also alleged he was unprofessional and chronically tardy.

    Owens responded to Raheem a month later, saying the patient was “a fall risk” but was not properly secured by the sitter, which amounted to malpractice, the suit alleges. Owens says he was following the orders of his superior and did nothing wrong.

    “The sitter for the patient breached the standard of care by not adhering to the fall risk when the patient was admitted,” the lawsuit states.

    In an interview with Metro Times, Owens says he was terminated for blowing the whistle.

    “I told the truth. That’s all I did,” Owens says.

    DMC declined to comment, citing ongoing litigation.

    “At the end of the day, we had a person who walked into the hospital and was rolled out,” Owens’s attorney Dionne Webster-Cox tells Metro Times. “That’s what happened.”

    According to Owens, there are “systemic problems” at DMC that deprive patients of decent care. For example, he says, a nursing staff shortage makes it impossible for many patients to receive timely attention.

    “There wasn’t enough nursing staff to get a CT scan,” Owens says. “That should have happened within an hour. [The fall] happened around 5:30, and I was assured that he was going to get a CT scan at 7:30. It’s really sad that any of this happened.”

    The CT scan wasn’t done until the next day.

    Owens hoped to finish his residency and then take over his mother’s internal medicine practice in Florida. But he can’t do that without the completed residency.

    DMC’s claims, which he says are false, are making it very difficult for him to get accepted into a new residency program.

    “It has devastated my life,” Owens says. “I can’t get the jobs I want, and I have all this debt.”

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    Steve Neavling

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  • Ex-probation chief’s suit alleges L.A. County fired him for being a whistleblower

    Ex-probation chief’s suit alleges L.A. County fired him for being a whistleblower

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    Former Los Angeles County Probation Department chief Adolfo Gonzales, who was fired last March amid widepread dysfunction at the agency’s juvenile halls, alleges in a lawsuit that he was ousted for reporting dire staffing shortages to state regulators.

    Gonzales’ two-year, one-month tenure was marked by near-constant controversies. But in a lawsuit filed last month, he argued that county supervisors decided to terminate him only after he was frank with inspectors from the Board of State and Community Corrections about the agency’s staffing crisis.

    The board, referred to as the BSCC, has the power to shut down juvenile detention facilities if inspections reveal that conditions aren’t up to state standards.

    “Gonzales candidly reported to the BSCC inspectors the staffing shortages in Probation Department which caused lack of compliance with various California State regulations and mandates,” the lawsuit says. “As a result of Gonzales’ reports to BSCC, he was terminated by the County.”

    The state board declined to comment. Mira Hashmall, outside counsel for L.A. County, called the lawsuit baseless.

    “The Probation Department suffered from a lack of leadership under Adolfo Gonzales, which is why his employment was terminated,” she wrote in a statement to The Times. “He is no whistleblower.”

    Under Gonzales’ leadership, the perennially struggling agency careened from one problem to the next. There were more lockdowns, more fights and fewer staff members to deal with them. Deputies said they were too scared of the violence inside the juvenile halls to come to work. Youths were traumatized too, forced to urinate in their locked rooms because no one was around to let them out.

    Gonzales’ attorney, Michael Conger, said his client’s account of staffing issues heavily influenced a Jan. 13, 2023, report from state inspectors, which found, among other shortcomings, that the county’s two juvenile halls were dangerously short-staffed. Months later, the board would shut down the two halls after the county repeatedly failed to improve conditions.

    Conger said it was Gonzales’ “candid” portrayal of staffing problems that led to his termination two months later.

    The state inspection was not the only embarrassment Gonzales’ agency suffered in the months leading up to his firing, however. On Feb. 11, 2023, The Times reported that Gonzales overrode an internal disciplinary board’s recommendation to fire an officer who had violently restrained a 17-year-old. After The Times’ report, a majority of the Board of Supervisors called for Gonzales’ resignation.

    Gonzales’ attorney said this was not what earned the board’s ire.

    “We don’t believe that had anything to do with it,” he said. “That was a complete non-issue. They were not mad at that.”

    Records show the county spent more than $900,000 on Gonzales during his stint with the department.

    By the time he left, Gonzales had received $927,000 in compensation, according to county salary data. It’s unclear if that figure includes other perks Gonzales was entitled to under his employment agreement with the county, which promised relocation costs and severance pay.

    According to his employment agreement, reviewed by The Times, Gonzales was entitled to up to $25,000 to relocate from San Diego, where he worked for five years running the county’s Probation Department.

    Records show he also received $172,521 — equivalent to six months’ salary — as severance pay after he was fired.

    The board replaced Gonzales with Guillermo Viera Rosa, promising a new chapter for the long-troubled agency. But so far, his tenure has been plagued by the same staffing crisis that haunted his predecessor.

    A report released Thursday from the county’s Office of Inspector General found that “dangerously low staffing levels” had contributed to the chaotic Nov. 4 escape of a youth from Los Padrinos juvenile hall. After several teens attacked a staff member, one briefly escaped to a neighboring golf course.

    At the time of the incident, only one staff member — who had never before been assigned to juvenile halls — had been in the unit with 14 youths, the report’s authors found. The report notes the staffing level violates state law, which requires the agency maintain a ratio of one staff member for 10 youths.

    That day, the Probation Department had scheduled 100 staff members to work at the facility — the minimum required in order to operate.

    Sixty of them didn’t show up.

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    Rebecca Ellis

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  • Impeach Paxton Again? Not Likely, but the Texas AG’s Latest Move Isn’t Helping His Cause

    Impeach Paxton Again? Not Likely, but the Texas AG’s Latest Move Isn’t Helping His Cause

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    When Texas Attorney General Ken Paxton reached a settlement with whistleblowers in February 2023 he unwittingly initiated a House investigation into accusations of corruption and bribery. The House impeached him, but in September, the Senate, for the most part, voted along party lines to reinstate him to the position to which he’s been elected three times.

    Now, more recent legal move by the Lone Star State’s top lawyer might’ve just tickled the tripwire for yet another round of impeachment discussions, if one GOP senator has his way.

    On Jan. 18 Paxton announced his office would no longer contest the whistleblower lawsuit and requested a final judgment. The McKinney resident used the occasion to present himself as a Texas-defending martyr of sorts.

    “Now, in the best interests of the State of Texas, the Office of the Attorney General is moving on from an employment lawsuit against the agency by four employees that presents the same issues brought against Attorney General Paxton in the impeachment trial,” the release stated. “The OAG has made the determination that these bad-faith efforts to prolong legal proceedings are an unjustifiable waste of taxpayer resources and an intolerable distraction that risks compromising critical state business.”

    Perhaps it was a case of hoping to manifest an outcome, but the headline of the news release announcing his intentions seemed to be more wishful thinking than legal fact, stating “Attor­ney Gen­er­al Ken Pax­ton Releas­es State­ment End­ing Lit­i­ga­tion with For­mer Employees.”

    Just to refresh your memory, a group that included some of Paxton’s top aides filed a wrongful termination suit against their former boss in 2020 under the Texas Whistleblower Act. The suit claimed the plaintiffs were fired by Paxton in retaliation for reporting him to the FBI for what they felt were misdeeds amounting to abuse of his office, especially as they pertained to helping real estate developer and Paxton campaign contributor Nate Paul.

    Immediately after Paxton’s latest attempt to somehow bring the case to a close, an attorney representing the whistleblowers said the matter isn’t over, regardless of the AG’s legal maneuvering.

    “[T]his is but another desperate stunt by Ken Paxton to try to avoid a court order compelling him to answer questions about his grimy behavior,” attorney Tom Nesbitt told Austin’s Fox 7 immediately after Paxton’s Jan. 18 announcement.

    It’s important to note here that in his announcement, the AG didn’t mention his apparent allergy to being deposed, something a Travis County judge recently ruled that Paxton must do. As of now, he’s set to be deposed on Feb. 1. Paxton has a long history of finding ways to lengthen court cases, and University of North Texas political science professor Matthew Eshbaugh-Soha told the Observer via email that this latest move is likely “a useful delay.”

    On Thursday night, the party line broke up a bit, if only just symbolically. State Sen. Drew Springer, a Republican from Muenster, one of the GOP state senators who was unmoved by nearly two weeks of eyewitness testimony detailing in highly specific terms just how severe Paxton’s alleged abuse of power was during the impeachment trial, admitted he was finally moved.

    “At this stage, and the point of this letter, I am asking the Senate whether there is a legal mechanism to reopen the impeachment proceedings,” Springer wrote in a statement posted to X. “Failure to at least consider this possibility runs the risk of AG Paxton making a mockery of the Texas Senate.”

    To be clear, according to Springer, now, four months after the fact, is the time to consider the possibility of removing Paxton, rather than in September 2023 when a real, live Senate impeachment trial was underway.

    Springer is not seeking re-election this year, so perhaps there’s a hint of “What are they gonna do, not vote for me?” attitude in play. After all, he is not facing any of the Paxton-backed challengers that now dot the state’s GOP primaries. But it is still significant in that the question is being asked by a one-time Paxton backer after this latest offering of the AG’s signature opaque, obtuse brand of legalese.

    Of course, Paxton replied with a shot of his own, calling Springer “a bad senator,” according to Texas Tribune reporter Patrick Svitek on Thursday night.

    The outgoing senator’s call for another impeachment trial is eye-catching, but it’s difficult to imagine that it will go very far, given how the September trial played out. UNT’s Eshbaugh-Soha isn’t convinced the climate is ripe for such a move.

    “This seems risky, especially right now,” he stated. “Perhaps from an electoral standpoint, impeachment proceedings after the primaries (and after any incumbent Republican legislators have fought off any primary challenges from the right) is a possibility. But everyone spent a lot of political capital on the first round. Why would Springer think that a conviction is more likely now than a few months ago? The Legislature has not become more opposed to Paxton (in terms of new membership or any changes of heart), and so the needle has not moved much, if at all, even with the judge’s decision to depose Paxton.”



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    Kelly Dearmore

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  • Ex-Twitter exec claims Elon Musk's cost-cutting zeal gutted a federal agreement—and says he was fired for sounding the alarm

    Ex-Twitter exec claims Elon Musk's cost-cutting zeal gutted a federal agreement—and says he was fired for sounding the alarm

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    A former Twitter manager is suing Elon Musk and his social media company X in a New Jersey court, alleging the worker was wrongfully fired for trying to make sure X — formerly Twitter — held up its part of a government agreement.

    Alan Rosa served as head of global information technology and information security from his remote home office in the Garden State for 10 months in 2022—until he was fired a few weeks after the tycoon bought the company. 

    Earlier that year Twitter had been fined $150 million for previously exploiting personal data from users for commercial purposes without informing them. A Federal Trade Commission consent decree subsequently required Twitter to establish a comprehensive information security program including the introduction of new compliance measures to prevent further abuses.

    On Dec. 6 Rosa was dismissed, he claims, because the new owner sought to make cuts in the budget, including software that shared important information with law enforcement authorities around the world.

    The legal team argued that Musk knew full well the cuts would risk Twitter breaching government agreements, such as that with the FTC, but was “consistently dismissive” of his obligations.

    Rosa “objected to these cuts as he had a reasonable belief that cutting these programs would prevent Twitter from complying with its obligations under the Twitter FTC Consent Decree Order,” the lawsuit says, adding that Rosa was fired “in retaliation” for his refusal.

    Not only did Twitter never provide a cause for his termination, it refused to pay out the severance and benefits totaling well over half a million dollars it promised Rosa, pending the results of a new probe into his conduct as employee.

    “Defendants acted maliciously and willfully in creating a pretextual sham investigation regarding Plaintiff’s conduct,” the suit claims. 

    Seeking unspecified damages

    The allegations that Musk cooked up an excuse to short-change Rosa are, at the very least, in character. In his official biography of Musk, Walter Isaacson revealed how his subject bragged about hatching a secret plan to fire then-Twitter head Parag Agrawal without severance over a vendetta Musk had with the former CEO.

    Rosa’s legal counsel, the firm Deutsch Atkins & Kleinfeldt, P.C., claims his termination equates to a breach of contract and is unlawful under New Jersey regulations. It furthermore violates New York labor law and the California Labor Code, his lawyers argue. 

    An initial attempt by the two sides to resolve the dispute in arbitration failed after Twitter never responded to emails from the arbitrator and never paid its portion of the fee, despite signing an agreement to do so.

    In addition to all legal and attorney costs, Rosa is seeking unspecified compensatory damages, punitive damages and emotional damages, as well as any other relief deemed appropriate by the court.

    Fortune reached out for comment to X’s public relations account, which under Musk had automated to reply at all times with a poop emoji. Under CEO Linda Yaccarino, that has since been changed to “busy now, please check back later.”

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    Christiaan Hetzner

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  • USC neuroscientist faces scrutiny following allegations of data manipulation

    USC neuroscientist faces scrutiny following allegations of data manipulation

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    A star neuroscientist at USC is facing allegations of misconduct after whistleblowers submitted a report to the National Institutes of Health that accused the professor of manipulating data in dozens of research papers and sounded alarms about an experimental stroke medication his company is developing.

    The accusations against Berislav V. Zlokovic, professor and chair of the department of physiology and neuroscience at the Keck School of Medicine of USC, were made by a small group of independent researchers and reported in the journal Science.

    The report identifies allegedly doctored images and data in 35 research papers in which Zlokovic is the sole common author. It also raised questions about findings in Phase II clinical trials of a drug called 3K3A-APC, an experimental stroke treatment sponsored by ZZ Biotech, the Houston-based company Zlokovic co-founded.

    Preclinical data appeared to have been manipulated, the report authors allege. In addition, the Phase II results appear to contain errors that would skew interpretation of the data in favor of the drug.

    An attorney for Zlokovic said the neuroscientist takes the accusations “extremely seriously” and was “committed to fully cooperating” with a USC inquiry into the matter. However, he said his client could not comment on the allegations while the review was pending.

    “Professor Zlokovic would normally welcome addressing every question raised, insofar as allegations are based on information and premises Professor Zlokovic knows to be completely incorrect,” attorney Alfredo X. Jarrin wrote in an email. “And other questions address work not performed at his lab or papers where he was not the senior author or contact author and his role was limited.”

    The university also issued a statement saying it takes allegations of research integrity seriously. “Consistent with federal regulations and USC policies, the university forwards any such allegations to its Office of Research Integrity for careful review,” the university said in a statement. “Under USC policy, this review is required to be confidential. As a result, we are unable to provide any further information.”

    Last year, USC’s Keck School of Medicine received from NIH the first $4 million of a planned $30-million grant to conduct Phase III trials of the experimental stroke treatment on 1,400 people.

    Given the serious issues outlined in their report, the whistleblowers say those trials should be stopped immediately.

    “It should certainly be paused in my opinion,” said Matthew Schrag, an assistant professor of neurology at Vanderbilt and co-author of the whistleblower report. “There are red flags about the safety of that treatment.”

    He said that evidence from the USC-led phase II trial of the drug, which was published in 2018 and called RHAPSODY, raised questions of patient safety. Patients in that trial were more likely to die in the week after treatment, and more likely to be disabled 90 days later than those who were given a placebo.

    In addition, Schrag said, some patients given the placebo had to wait longer for the standard stroke treatment of the drug tPA or surgery to dissolve the blood clot.

    “The faster you’re able to intervene to either restore blood flow with the drug or restore blood flow by removing the clot, the more brain cells survive,” he said.

    He added that he did not believe the delay was intentional but that it had the effect of “skewing the results in favor of the drug.”

    Schrag previously raised questions about the integrity of other neurological research, work he said was separate from his employment at Vanderbilt.

    Scientists have questioned Zlokovic’s research anonymously for years, Schrag said. Many of these concerns were published on PubPeer, a website on which anonymous contributors can examine scientific papers and highlight potential flaws.

    Yet scientists working with Zlokovic did not complain publicly, he said, allowing the studies to continue for years and succeed at attracting tens of millions of dollars in taxpayer funding.

    “I think people are concerned about the potential for backlash for harm to their own careers,” Schrag said. “And so I think that motivates people to just go along.”

    In its report, the journal Science interviewed four former employees of Zlokovic’s lab who said that Zlokovic routinely pressured them to manipulate data. Two said they were told to discard notebooks with results that didn’t fit preferred conclusions he hoped to reach.

    “There were clear examples of him instructing people to manipulate data to fit the hypothesis,” one former employee told the journal.

    The severity of the data manipulation charges merits a thorough investigation of Zlokovic’s data, said Elisabeth Bik, a microbiologist and scientific integrity consultant who co-wrote the whistleblower report.

    “Appropriate steps would be for USC to ask Zlokovic to give them the lab’s notebooks and data,” Bik said. “For example, for images where it appears that certain parts might have been duplicated or erased, the original images as they came off a scanner or microscope need to be compared to the published figure panels.”

    Bik is among a subset of the report’s authors who are considering filing a federal whistleblower lawsuit. Should the NIH deem that any federal grant money was used improperly, a successful suit would entitle the plaintiffs to a portion of the money the government can claw back.

    Zlokovic has received roughly $93 million in NIH funding, according to Science. A spokesperson for NIH’s Office of Extramural Research would not comment on the specifics of the case.

    “We take concerns related to research integrity very seriously, and this may include allegations of research misconduct,” the office said in a statement.

    Over the years, Zlokovic has created several biotech companies aimed at commercializing his scientific work. In 2007, he co-founded ZZ Biotech, which has been working to gain federal approval of 3K3A-APC.

    Last year, Kent Pryor, ZZ Biotech’s chief executive, called the drug “a potential game-changer.”

    “I believe, based on the positive clinical results to date, our 3K3A-APC will potentially create the first new drug class to treat ischemic stroke since 2003,” Pryor said.

    On Tuesday, Pryor declined to comment on the details in the whistleblowers’ report. “I don’t want to get into particular explanations right now because of the ongoing investigations,” he said.

    He said the Phase III clinical trial had not yet begun.

    Zlokovic is a leading researcher on the blood-brain barrier, with particular interest in its role in stroke and dementia. He received his medical degree and doctorate in physiology at the University of Belgrade and joined the faculty at USC’s Keck School of Medicine after several fellowships in London.

    A polyglot and amateur opera singer, Zlokovic left USC and spent 11 years at the University of Rochester before returning in 2011. He was appointed director of USC’s Zilkha Neurogenetic Institute the following year.

    “My role will be to enhance an already very strong neuroscience base and try to make USC the No. 1 place in the neurosciences in the country and the world,” Zlokovic said upon rejoining the USC faculty. “It’s a big goal, but I think, with what’s going on right now, it’s actually moving in that direction. I think that could be my greatest contribution.”

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  • ‘Our job is not to take orders from the president, from Congress, or from anyone else’: Atty. Gen. Garland rips House Republican scolds

    ‘Our job is not to take orders from the president, from Congress, or from anyone else’: Atty. Gen. Garland rips House Republican scolds

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    WASHINGTON (AP) — Attorney General Merrick Garland on Wednesday is set to come face-to-face with his most ardent critics as House Republicans prepare to use a routine oversight hearing to interrogate him about what they claim is the “weaponization” of the Justice Department under President Joe Biden.

    Garland is appearing before the House Judiciary Committee for the first time in two years and at an unprecedented moment in the Justice Department’s history: He’s overseeing two cases against Donald Trump, the first former president to face criminal charges, and another against the sitting president’s son, Hunter Biden.

    “Our job is not to take orders from the president, from Congress, or from anyone else, about who or what to criminally investigate,” Garland will say, according to prepared remarks.

    ‘I am not the President’s lawyer. I will also add that I am not Congress’s prosecutor. The Justice Department works for the American people.’


    — Attorney General Merrick Garland in prepared remarks

    Republicans on the committee were tight-lipped about what they planned to ask Garland, telling the Associated Press on Tuesday that they wanted to keep lines of attack under wraps until the hearing.

    But Garland will likely face tense and heated questions about the Trump and Hunter Biden criminal cases, forcing him to defend the country’s largest law enforcement agency at a time when political and physical threats against agents and their families are on the rise.

    Context: ‘He’s being squeezed’: McCarthy yields to right-flank insistence on Biden impeachment inquiry amid intensifying threat to speakership

    Also see: Kevin McCarthy’s near-impossible task: to get Republicans on the same page and fund the government for another month

    “All of us at the Justice Department recognize that with this work comes public scrutiny, criticism, and legitimate oversight. These are appropriate and important given the gravity of the matters before the department,” Garland will say, according to his prepared remarks. “But singling out individual career public servants who are just doing their jobs is dangerous — particularly at a time of increased threats to the safety of public servants and their families.”

    Democrats say they plan to “act as kind of a truth squad” against what they see as Republican misinformation and their ongoing defense of Trump, who is now the Republican frontrunner to challenge Biden in next year’s election. They say Republicans are trying to detract attention from the indicted former president’s legal challenges and turn a negative spotlight on Biden.

    “I’ll be using this opportunity to highlight just how destructive that is of our system of justice and how once again, it is the GOP willing to undermine our institutions in the defense of their indefensible candidate for president,” Rep. Adam Schiff, a senior Democrat on the committee, told the AP.

    Garland’s testimony also comes just over a week after Speaker Kevin McCarthy, a Republican from inland south-central California, launched an impeachment inquiry into his boss, Biden, with a special focus on the Justice Department’s handling of Hunter Biden’s years-long case.

    The White House has dismissed the impeachment inquiry as baseless and worked to focus the conversation on policy instead. Hunter Biden’s legal team, on the other hand, has gone on the offensive against GOP critics, most recently filing suit against the Internal Revenue Service after two of its agents raised whistleblower claims to Congress about the handling of the investigation.

    Republicans contend that the Justice Department — both under Trump and now Biden — has failed to fully probe the allegations against the younger Biden, ranging from his work on the board of Ukrainian energy company Burisma to his tax filings in California and Washington, D.C.

    “I am not the President’s lawyer. I will also add that I am not Congress’s prosecutor. The Justice Department works for the American people,” Garland is expected to say.

    Democrats have said they plan to ‘act as kind of a truth squad’ at the House hearing.

    An investigation into Hunter Biden had been run by the U.S. attorney for Delaware, Trump appointee David Weiss, who Garland had kept on to finish the probe and insulate it from claims of political interference. Garland granted Weiss special counsel status last month, giving him broad authority to investigate and report his findings. He oversees the day-to-day running of the probe and another special counsel, Jack Smith, is in charge of the Trump investigation, though Garland retains final say on both as attorney general.

    Last week, Weiss used that new authority to indict Hunter Biden on federal firearms charges, putting the case on track toward a possible trial as the 2024 election looms.

    The Republican chairmen of the Oversight, Judiciary, and Ways and Means committees launched an investigation into Weiss’ handling of the case, which was first opened in 2018 after two IRS agents claimed in congressional testimony in May that the Justice Department improperly interfered with their work.

    Gary Shapley, a veteran IRS agent assigned to the case, testified to Congress that Weiss indicated in October 2022 that he was not the “deciding person whether charges are filed” against Hunter Biden.

    That testimony has been disputed by two FBI agents who were also in the room for that meeting.

    Hunter Biden has since sued the IRS, alleging that the episode has breached his right to privacy.

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  • Mystery GOP Whistleblower Accused Of Being Unregistered Foreign Agent, Arms Dealer

    Mystery GOP Whistleblower Accused Of Being Unregistered Foreign Agent, Arms Dealer

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    Federal prosecutors on Monday unsealed charges against a think tank leader who claims he has incriminating information about President Joe Biden.

    The Justice Department said Gal Luft, a dual citizen of the U.S. and Israel, engaged in “multiple international criminal schemes,” including arms dealing and acting as an unregistered foreign agent of the People’s Republic of China.

    The government said Luft was arrested in Cyprus in February but that he’s now on the run after having been released on bail. In its news release, the Justice Department asked for tips about Luft’s whereabouts.

    Luft said in a video published online by the New York Post last week that he gave investigators details about arrangements between the president’s son, Hunter Biden, and a Chinese energy company, and that he was arrested in order to prevent his testimony before the House Oversight Committee.

    “Instead of showing appreciation for my whistleblowing, I became public enemy number one,” Luft said in the video.

    Hunter Biden’s financial arrangements with CEFC China Energy have been previously reported by journalists as well as by Republicans wielding bank records and subpoenas from Capitol Hill.

    Damian Williams, the U.S. attorney for the Southern District of New York, said in a statement that Luft “subverted foreign agent registration laws in the United States to seek to promote Chinese policies by acting through a former high-ranking U.S. Government official; he acted as a broker in deals for dangerous weapons and Iranian oil; and he told multiple lies about his crimes to law enforcement.”

    Luft, the director of a Washington, D.C., think tank called the Institute for the Analysis of Global Security, said in his video that the government official Williams referred to is former CIA Director James Woolsey, who served as an adviser to Donald Trump’s 2016 presidential campaign. All he did, Luft said, was ghostwrite an article with Woolsey’s name on it.

    The indictment says Luft schemed to “educate” the official so that he would make public statements favorable to China and that this official would be paid $6,000 per month for articles in a Chinese newspaper.

    According to emails quoted in the indictment, Luft and an associate hoped Woolsey would get a prominent position within the new administration. Woolsey wound up resigning as a Trump adviser before Trump took office.

    House Oversight Committee chair James Comer (R-Ky.), who has been conducting investigations into the Biden family, said earlier this year that one of his sources had gone missing, prompting mockery from Democrats.

    After the New York Post made Luft’s video public, Comer said he’d been vindicated.

    “He’s very credible, and the people on MSNBC who made fun of me when I said we had an informant that was missing, they should feel like fools right now,” Comer told Newsmax TV last week. “This is their worst nightmare.”

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  • Pentagon Papers Whistleblower Daniel Ellsberg Says He Has Terminal Cancer

    Pentagon Papers Whistleblower Daniel Ellsberg Says He Has Terminal Cancer

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    Daniel Ellsberg, one of the most significant anti-war whistleblowers in American history, revealed Thursday that he’s been diagnosed with terminal cancer and has about six months to live.

    Ellsberg ― who rose to prominence after leaking the Pentagon Papers to the media in 1971, revealing that multiple U.S. presidents had systematically lied to Congress and the American people about the circumstances around the Vietnam War ― shared his inoperable pancreatic cancer diagnosis in a lengthy letter on Twitter.

    The soon-to-be 92-year-old also reflected on his role in the historic leak, saying that when he clandestinely made copies of the Defense Department’s documents, he “had every reason to think I would be spending the rest of my life behind bars.” Though he was charged under the Espionage Act and faced a potential 115 years behind bars for his actions, he was ultimately spared from any punishment because of governmental misconduct and illegal evidence-gathering.

    “I was able to devote those years to doing everything I could think of to alert the world to the perils of nuclear war and wrongful interventions: lobbying, lecturing, writing and joining with others in acts of protest and non-violent resistance,” he wrote, making a nod to his activism against the Iraq War, U.S. military action against Iran and, most recently, U.S. involvement in the Russia-Ukraine conflict.

    “There’s tons more to say about Ukraine and nuclear policy, of course, and you’ll be hearing from me as long as I’m here,” he vowed.

    Ellsberg was once a staunch supporter of American military intervention in Vietnam, leading him to work in the Pentagon in 1964 under Secretary of Defense Robert McNamara. He also represented the State Department on trips to the country for several years. Later, while working as an analyst at the defense think tank the RAND Corporation, he helped work on a highly classified, McNamara-commissioned study on U.S. conduct in Vietnam ― a set of documents that would eventually come to be known as the Pentagon Papers.

    “As I look back on the last sixty years of my life, I think there is no greater cause to which I could have dedicated my efforts,” Ellsberg said.

    ARNO BURGI via Getty Images

    But by the late 1960s, Ellsberg began mingling with anti-war activists and felt a shift in his worldview as he processed how many American soldiers were dying each year. So in 1969, after leaving RAND, he and another former employee secretly photocopied top-secret documents showing that U.S. authorities had known for a long time that the U.S. had no chance of winning in Vietnam.

    After failing to get any war opponents in Congress to release the documents on the Senate floor, Ellsberg shared the papers with The New York Times, which published nine excerpts from them over the course of 15 days in 1971. Forty years later, in 2011, the government officially declassified them and released them to the public.

    “As I look back on the last sixty years of my life,” Ellsberg said Thursday, “I think there is no greater cause to which I could have dedicated my efforts.”

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  • The Wealthy Enjoy A Massive Loophole In New York’s Tax Code — And Are Fighting To Keep It

    The Wealthy Enjoy A Massive Loophole In New York’s Tax Code — And Are Fighting To Keep It

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    Eight years ago, a whistleblower accused a credit card processor for many of Manhattan’s topflight hotels, including the Waldorf Astoria and the Trump Hotels, of dodging New York state taxes.

    The person alleged that the company, POST Integrations, was using the fact that it is headquartered in Arizona as an excuse not to pay New York, despite doing much of its business there. The case went to court.

    But instead of battling over the core issue — whether POST Integrations knowingly committed tax fraud — the two sides spent years litigating over whether the company had technically ever lied about it. The company initially argued that it couldn’t be accused of submitting a false record because it never filed that New York tax return. And, in a sense, they were right.

    The New York state law that allows whistleblowers to expose tax fraud has what critics say is a glaring loophole that protects the state’s most skillful tax cheats. While filing a false tax return is criminal, the law doesn’t allow whistleblowers to bring an accusation without pointing to a false record.

    It remains difficult to prosecute someone who is not paying the taxes they owe but who is clever enough not to leave a paper trail.

    Why in the world should it matter to authorities whether someone committed tax fraud by filing a false tax return or by never filing anything?” asked Gregory Krakower, who drafted the original law more than a decade ago as counsel to the New York attorney general and has fought to close the loophole; he is now an adjunct professor at Cardozo Law School. “If a large, out-of-state company knowingly and improperly pays no taxes and never filed a return, are we going to protect and empower that? It makes no sense.”

    But as bizarre as the loophole may be, it has survived multiple attempts to slam it shut. Now, a bill to close the loophole is headed to New York Gov. Kathy Hochul’s desk — with a coalition of the state’s largest business interests lined up in opposition.

    A court allowed the case against POST Integrations to go forward in 2017 based on another section of the law, which continues to this day. An attorney for the company did not respond to a request for comment.

    The loophole exists within a law that allows the attorney general or whistleblowers to sue wealthy individuals and corporations they believe are committing tax fraud.

    New York is the realm of legendary tax cheats, like hotel heiress Leona Helmsley and the ex-corporate titan Dennis Kozlowski. He dodged millions in sales taxes on fine art and spent stolen corporate funds on such extravagances as a $6,000 shower curtain. In 2010, under the shadow of scandals like these, the state legislature updated the New York False Claims Act, an existing law against making fraudulent claims to the government, to include tax fraud.

    “Why in the world should it matter to authorities whether someone committed tax fraud by filing a false tax return, or by never filing anything?”

    – Gregory Krakower, drafter of the original law

    The new law permitted suits against people or companies with more than $1 million in annual income who allegedly owe at least $350,000. It entitled a whistleblower who brings a successful lawsuit to receive about 20% of any recovered tax revenue.

    Large, powerful interests were “apoplectic,” Krakower recalled. And so, in 2013, they fought back when the legislature attempted to amend the False Claims Act again. Lawmakers passed a new provision that made it a crime to “knowingly” defraud the state government, even if the violator never made a false statement or false record — but a group of Republicans inserted a loophole that excepted cases of tax fraud.

    Proponents of closing the loophole fear this favors out-of-state corporations. Such as those that do business in New York but pretend otherwise or the wealthy snowbird who files his returns in low-tax Florida but secretly spends most of his time in New York.

    “These are not people the tax department could find on their own,” said New York State Sen. Liz Krueger, who chairs the chamber’s finance committee.

    Krueger has sponsored a bill, which has passed in the state legislature and is now heading to the governor’s desk, that would close the loophole by making it a crime to “knowingly” commit tax fraud whether or not that involved a false record.

    “It is a small, senseless loophole that allows tax cheats to get away with tax fraud by carefully avoiding using a false record or filing a false N.Y. tax return,” Krueger and State Assemblywoman Helene Weinstein, who sponsored the legislation in the general assembly, wrote in a recent letter to Hochul.

    A broad coalition of business councils from around the state and an organization representing thousands of employees for the Big Four accounting firms — Deloitte, Ernst & Young, KPMG, and PricewaterhouseCoopers — have all called for Hochul to veto the bill. She vetoed a similar measure on New Year’s Eve in 2021, echoing their concerns that the bill is too broad and might implicate corporations and accountants unaware they owed state taxes.

    “It is a small, senseless loophole that allows tax cheats to get away with tax fraud.”

    – New York state Sen. Liz Krueger

    Krueger believes this latest version addresses those concerns, noting the bill only criminalizes “knowing” fraud. But the opposition is holding fast.

    “Why should we want to be liable for conduct that we don’t know about, or if our client supplies us with fraudulent information?” said Kevin McCoy, chair of the New York State Society of CPA’s legislative task force.

    “They should be worried that we’re writing a law where there’s a liability for them,” Krueger said. “Getting it right is what they get paid to do.”

    A spokesman for Hochul, Justin Henry, said she’s reviewing the legislation.

    Notwithstanding the loophole, the originators of whistleblower law hold it up as a runaway success. Since 2010, New York has recovered roughly $585 million from tax matters. A hedge fund that claimed to be located in Alabama paid the city and state $70 million. In 2018, Sprint settled with New York City and the state for a whopping $330 million in unpaid sales taxes.

    Because these fraud claims proceed through the court, they are not bogged down by the interminable delays that face whistleblowers at the federal level, where the IRS handles tips. At the same time, the overall number of cases in New York, about 20 per year, has been modest — proof said Krueger and others, that the cases tend to be high-quality and not the kinds of fishing expeditions opponents of the law once warned about.

    Other states have taken notice. Lawmakers in California and Connecticut have attempted to pass a version of New York’s whistleblower statute. The District of Columbia passed a version in 2021 without New York’s loophole.

    Krueger and Weinstein’s bill is headed imminently to Hochul’s desk, at which point she will have 10 days to sign the bill, veto it, or allow it to become law.

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