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USA V. GARCÍA LUNA

EPISODE 7. PARTY’S CANCELED

[FUTURO SONIC ID]

[FUTURO INVESTIGATES SONIC ID]

[VOICE MEMO] 

PENILEY:  HI MARÍA. WE’RE LEAVING THE COURT NOW DURING THE LUNCH BREAK. BECAUSE THERE WAS A GUY, TIRSO MARTINEZ, ONE OF THE WITNESSES, AND HE SAID, HE HAD MORE INFORMATION ABOUT THE WAREHOUSE THAT WE WENT [TO] IN QUEENS. DO YOU REMEMBER THAT WAREHOUSE WE WENT [TO] TOGETHER? AND NOW HE GAVE THE ADDRESS OF ANOTHER WAREHOUSE IN BROOKLYN, AND IT’S REALLY CLOSE TO THE COURTHOUSE. AND THAT’S THE WAREHOUSE WHERE THE DRUGS WERE COMING IN FROM MEXICO. SO, UH, I’M GONNA GO WITH SOFIA TO TRY TO FIND THAT PLACE…

[SFX: VOICE MEMO SENT]

MARÍA: HOLA, DEAR LISTENER, IT’S MARÍA HINOJOSA AND YES, THIS IS THE THIRD WEEK OF THE GARCÍA LUNA TRIAL. 

I’M STILL IN SOUTH TEXAS, BUT MY CO-HOST, THE FABULOUS PENILEY RAMIREZ HAS BEEN ON THE GROUND IN NEW YORK ON THE TRIAL. WHAT’S UP, WHAT’S UP, PENILEY?

PENILEY: HELLO? HELLO, MARÍA. HELLO, FUTURO LISTENER. AND YES, MARÍA, THINGS ARE MOVING REALLY FAST AROUND HERE. WE WILL START THIS EPISODE WITH A ROAD TRIP NOW TO BROOKLYN.

[THEME MUSIC MUSIC]

MARÍA: I WANNA KNOW EVERYTHING ABOUT IT. I KNOW YOU DO TOO, DEAR LISTENER, PORQUE ESTÁS AQUÍ. WELCOME TO EPISODE SEVEN OF USA VERSUS GARCÍA LUNA. SALUD.

PENILEY: SALUD.

[THEME MUSIC FADES]

[SCENE BEGINS] 

PENILEY: WELL, I JUST – I JUST – GOT HERE. IT’S 400 ON 3RD AVENUE IN PARK SLOPE, BROOKLYN. WELL, IT LOOKS LIKE REALLY A NICE NEIGHBORHOOD… IT LOOKS LIKE KIND OF FANCY ACTUALLY. 

MARÍA: OK, SO PENILEY I DON’T KNOW, I THOUGHT THAT THERE WAS ONLY ONE DISTRIBUTION CENTER FOR NEW YORK, FOR THE SINALOA CARTEL, AND THAT IT WAS IN QUEENS. SO, IN THE TRIAL YOU ARE LEARNING THAT THERE WERE IN FACT SEVERAL DISTRIBUTION CENTERS IN NEW YORK CITY FOR THE SINALOA CARTEL?

PENILEY: YES, AND TO ANSWER THAT QUESTION, I NEED TO TELL YOU AND OUR LISTENER ABOUT A NEW PERSON IN OUR STORY, MARÍA, TIRSO MARTINEZ, ALSO KNOWN AS EL FUTBOLISTA, OR “THE SOCCER PLAYER.”

[SFX1]

[MUSIC]

MARÍA: I FEEL LIKE WITH GARCÍA LUNA IN THE TRIAL THERE’S LIKE SO MANY NICKNAMES. COMO ES? EL GRANDE? AND NOW WE’VE GOT EL FUTBOLISTA.

PENILEY: SO I WILL TRY TO KEEP IT SIMPLE: IN 2009, TIRSO MARTINEZ WAS INDICTED IN NEW YORK ON DRUG TRAFFICKING CHARGES.

[SFX]

[C-SPAN CLIP]

BENTON CAMPBELL: TIRSO MARTINEZ-SANCHEZ IS THE LEADER OF AN INTERNATIONAL NARCOTICS TRAFFICKING NETWORK AND IMPORTS MULTIPLE TONS OF COCAINE INTO THE UNITED STATES FROM MEXICO THROUGH CALIFORNIA AND TEXAS.

PENILEY: HE WAS ARRESTED IN MEXICO IN 2014, AND HE WAS EXTRADITED TO THE U.S. A YEAR LATER. AFTER, HE HAS SPENT SOME YEARS IN PRISON, HE ADMITTED GUILT, AND HE WAS RELEASED TWO YEARS AGO.

[MUSIC FADES]

[SFX]

MARÍA: HE WAS, HE WAS RELEASED? ALRIGHT, HOLD ON. HE WAS A MAJOR COCAINE DISTRIBUTOR IN THE SINALOA CARTEL, BUT TWO YEARS AGO, HE’S LIKE, YOU’RE DONE. YOU’RE FREE. IN THE UNITED STATES?

PENILEY: YES, HE DECLARED HIMSELF GUILTY, AND HE BECAME THE SECOND WITNESS TO TESTIFY AGAINST GARCÍA LUNA.

I LOVE TO FOLLOW THE MONEY, SO THIS GUY WAS IN CHARGE OF CREATING SHELL COMPANIES AND HIRING PEOPLE, AND THESE PEOPLE APPEAR AS THE OWNERS.

MARÍA: LET’S DO THAT, PENI. “OWNERS.”

PENILEY: OWNERS.

MARÍA: OKAY, GO.

PENILEY: OWNERS.

PENILEY: SO THESE PEOPLE WERE LIKE THE OWNERS OF THE, THE WAREHOUSES HERE IN NEW YORK, BUT REALLY EVERYBODY WAS ANSWERING TO TIRSO.

MARÍA: I MEAN, THIS GUY, TIRSO…COMO…EL BEISBOLISTA?

PENILEY: NO, EL FUTBOLISTA, THE SOCCER PLAYER.

MARÍA: OKAY. OKAY. SO, SO TIRSO, I MEAN, HE WAS, HE WAS PRETTY HIGH UP IN THE RANKS. SÍ O NO?

PENILEY: WELL, YES, MARÍA. AND HERE’S ONE THING: HE WAS ALSO A WITNESS DURING EL CHAPO’S TRIAL.

MARÍA: AND WE WANNA UNDERSCORE THIS BECAUSE THE PROSECUTION IS THEY WANT THE JURY TO UNDERSTAND THAT THE CASE OF EL CHAPO IS CONNECTED TO THE CASE THAT THEY’RE FACING NOW: THE CASE OF GARCÍA LUNA. AM I RIGHT?

PENILEY: RIGHT, MARÍA. 

[MUSIC]

SO DURING EL CHAPO’S TRIAL, I CREATED A DATABASE WITH ALL THE EVIDENCE THAT WAS PROVIDED TO THE PRESS, INCLUDING THE NAME OF THE COMPANY IN QUEENS THAT WE VISITED.

MARÍA: AND THAT’S BECAUSE YOU ARE A TOTAL INVESTIGATIVE NERD. OKAY, SO THEN WHAT HAPPENED?

[MUSIC FADES]

PENILEY: SO NOW WE LEARN FROM TIRSO THAT THE WAREHOUSE IN QUEENS WAS ONLY USED TO RECEIVE AND STORE THE COCAINE IN BULK. THE WAREHOUSE IN BROOKLYN, ON THE OTHER HAND, WAS USED TO DISTRIBUTE COCAINE IN A SMALLER PORTIONS TO LOCAL CLIENTS.

AND GET THIS, MARÍA: TIRSO WAS CHARGING A THOUSAND DOLLARS PER KILO OF COCAINE, SO BUSINESS WAS THRIVING IN THE EARLY 2000s.

MARÍA: NO, QUÉ CABRONES, RIGHT? IT’S BECAUSE A LOT OF THIS WAS HAPPENING RIGHT AFTER SEPTEMBER 11. WE TALKED ABOUT IT IN THE PREVIOUS EPISODE, AND IT’S STILL ME ENCABRONA BECAUSE, YOU KNOW, WE WERE IN TRAUMA AND THIS NOTION OF LIKE, WELL, THIS IS THE MOMENT WHEN WE – WHEN THE SINALOA CARTELS CREATES OUR MARKET IN NEW YORK. IT’S UPSETTING.

PENILEY: YEAH. AND NOW HE COMES AND TELLS ALL THE DETAILS, I WENT TO THE ADDRESS BECAUSE TIRSO, DURING HIS TESTIMONY, GAVE THIS ADDRESS THAT WE DIDN’T HAVE BEFORE.

THIS IS ME GOING THERE.

[SCENE BEGINS]

PENI: HELLO. WE ARE JOURNALISTS. AND WE ARE LOOKING FOR A COMPANY THAT USED TO BE BASED IN THIS PLACE CALLED AZTEC LEATHER COMPANY, INC. LIKE 20 YEARS AGO. 

ETHAN, SHOP OWNER: OH, YEAH. OKAY. 

PENILEY: LET ME TELL YOU WHY: WE ARE COVERING A FEDERAL TRIAL, AND THEY JUST SAID THAT THIS PLACE WAS A STORAGE FOR COCAINE, FOR THE SINALOA CARTEL. 

SHOP OWNER: OH YEAH. YEAH. THAT WAS A LONG, LONG TIME AGO. 

PENILEY: OH, YOU KNOW THAT STORY? 

SHOP OWNER: THE LANDLORD TOLD IT TO ME ‘CAUSE IT’S A FUNNY STORY. BUT YEAH, THERE WAS A BIG COCAINE BUST HERE AT ONE POINT. IT WAS VERY DIFFERENT BACK THEN. IT’S GETTING A LOT BETTER. THEY’RE BUILDING A LOT OF HOUSING. UM, YOU KNOW, WE HAVE ONE OF THE BEST SANDWICH SHOPS IN BROOKLYN. 

PENILEY: BUT WHAT DO YOU KNOW, WHAT DO YOU KNOW ABOUT THE THE, THE SEIZURE? 

SHOP OWNER: THE BUST? 

PENILEY: YEAH, THE BUST? 

SHOP OWNER: NOT MUCH. JUST FROM WHAT I HEAR, IT WAS THE BIGGEST ONE IN BROOKLYN.

MARÍA: DUDE, THAT’S CRAZY. SO, THE FORMER DISTRIBUTION CENTER OF COCAINE OF THE SINALOA CARTEL IN BROOKLYN IS NOW LIKE A, LIKE A HIPSTER SANDWICH SHOP.

PENILEY: AND THE OWNER EVEN JOKED WITH ME SAYING THAT, YOU KNOW, HIS PROFIT MARGINS ARE MUCH SMALLER NOW THAN WITH THE PREVIOUS OWNER, AS YOU CAN IMAGINE.

PENILEY: WELL, BUT GOING BACK TO TIRSO, HE DESCRIBED IN COURT THAT THE WAREHOUSE IN BROOKLYN WAS BUSTED IN MAY OF 2002, AND TWO TONS OF COCAINE WERE SEIZED, AND THIS WAS ONLY THE FIRST BUST THAT TIRSO HAD TO DEAL WITH.

MARÍA: OKAY, SO THERE WERE MORE?

PENILEY: YEAH, ACTUALLY THREE: 

[MUSIC]

ONE IN BROOKLYN, ONE IN QUEENS, AND ANOTHER IN CHICAGO. SO IN COURT, WE’LL LISTEN TO A RETIRED COP WHO WAS IN CHARGE OF ONE OF THE BUSTS. THE POLICE FOUND SECRET COMPARTMENTS IN A TRUCK WHERE THE SMUGGLERS WORKING FOR TIRSO PACKAGED COCAINE. SO TIRSO SAID THAT AFTER EACH OF THE THREE BUSTS IN CHICAGO AND IN NEW YORK CITY, HE CALLED THE BIG BOSSES IN MEXICO, AND THEY WERE NOT HAPPY WITH HIM.

MARÍA: NO, OBVIOUSLY.

PENILEY: SO AFTER THAT FIASCO, HE JUST STOPPED BRINGING COCAINE.

MARÍA: BUT DID TIRSO MEET WITH GARCÍA LUNA?

PENILEY: NO, GARCÍA LUNA DIDN’T MEET WITH TIRSO, BUT GARCÍA LUNA IS ACCUSED OF HELPING TO BRING PART OF THE COCAINE THAT ENDED UP BEING SEIZED IN NEW YORK AND CHICAGO. AND TO UNDERSTAND HOW, WE NEED TO GO BACK TO EL GRANDE’S TESTIMONY.

[MUSIC FADES]

MIDROLL

MARÍA: WELCOME BACK TO USA VERSUS GARCÍA LUNA, WHERE WE ARE YET AGAIN, TRYING TO UNDERSTAND THE MANY NICKNAMES OF THE PEOPLE CONNECTED TO THIS TRIAL.

PENILEY: AND NOW WE ARE GONNA TALK AGAIN ABOUT SERGIO VILLARREAL, AKA EL GRANDE. 

[MUSIC]

BACK IN THE EARLY 2000s, EL GRANDE WAS A POLICE OFFICER, BUT THEN HE STARTED WORKING FOR SOME DRUG LORDS, AND AFTER THAT, HE BECAME A LIEUTENANT FOR ARTURO BELTRAN LEYVA. AND THIS ARTURO BELTRÁN LEYVA WAS A BIG BOSS IN THE SINALOA CARTEL, AND HE WAS PART OF THE CARTEL UNTIL HE SPLIT IT. AND THEN HE WAS KILLED IN MEXICO IN 2009.

[MUSIC FADES]

MARÍA: NOW, REMEMBER, I DON’T REALLY COVER NARCOS, BUT I’M, I’M PRETTY SURE THIS IS THE FIRST TIME WE’RE HEARING THIS GUY’S NAME ON THE PODCAST, SO HE’S A BIG DEAL.

PENILEY: YEAH. AND HE HAS BEEN REALLY IMPORTANT IN THE TRIAL SO FAR, SO A LOT OF PEOPLE HAVE BEEN REFERRING TO HIM.

EL GRANDE TESTIFIED GARCÍA LUNA WAS RECEIVING BRIBES FROM ARTURO BELTRÁN LEYVA WHEN GARCÍA LUNA WAS THE HEAD OF THE FEDERAL INVESTIGATION AGENCY, YOU KNOW, THE EQUIVALENT TO THE MEXICAN FBI. HE SAID THAT THIS BELTRAN LEYVA AND GARCÍA LUNA WAS MEETING FREQUENTLY IN A HOUSE IN MEXICO CITY AND GARCÍA LUNA WAS RECEIVING PAYMENTS IN BLACK “SWEEPCASES” –

MARÍA: SUITCASES?

PENILEY: SUITCASES

MARÍA: SUIT— SO CUTE. SUITCASES. ADORABLE.

PENILEY: AND THE MONEY CAME FROM DIFFERENT DRUG BOSSES IN THE SINALOA CARTEL, AND THESE BOSSES WERE MAKING A NARCO VAQUITA, COMO DIRÍAMOS EN MÉXICO, TO COLLECT A GOOD AMOUNT OF MONEY.

MARÍA: OKAY, ‘PERATE UN SEGUNDO, NARCO VAQUITA? FOR THOSE OF US WHO DON’T KNOW, NARCO VAQUITA IS A NARCO COW?

[TELENOVELA MUSIC]

[SFX: COW MOOS]

[SFX: RECORD SCRATCH]

PENILEY: NO, IT’S A POOL. IT’S A POOL OF MONEY. SO EVERY FAMILY BOSS WAS CHIPPING IN––

MARÍA: OH, MY GOD. QUE PENDEJA SOY. I HAD NO IDEA.

PENILEY: NOT A NARCO COW.

MARÍA: OKAY.

PENILEY: IN MEXICO, VAQUITA IS LIKE A, LIKE A—COMO UNA COLECTA—SO YOU PUT MONEY TOGETHER.

MARÍA: OKAY. A POOL. GOT YOU.

PENILEY: SO THESE MAFIA FAMILY BOSSES WERE CHIPPING IN FOR THE BRIBES THAT BOUGHT THE LOYALTY OF THE GOVERNMENT OFFICIALS.

MARÍA: SO IN THIS POOL – THIS VAQUITA – OK, ABOUT HOW MUCH MONEY ARE WE TALKING ABOUT, PENILEY?

PENILEY: WELL, WE DON’T KNOW THE FULL AMOUNT, BUT ONE OF THE WITNESSES TESTIFIED THIS WEEK THAT JUST FROM ONE FAMILY, THEY WERE CONTRIBUTING WITH 2.5 MILLION DOLLARS PER MONTH, AND OTHER FAMILIES CONTRIBUTED WITH DIFFERENT AMOUNTS.

MARÍA: WE’RE TALKING ABOUT MILLIONS UPON MILLIONS OF DOLLARS TO BUY GOVERNMENT LOYALTY. I MEAN, 2.5 MILLION DOLLARS. WHOA. HÍJOLE.

PENILEY: YES, EL GRANDE SAID THAT IT WAS MAINLY FOR PROTECTION AND INFORMATION, MARÍA. IN EXCHANGE FOR THE MONEY, GARCÍA LUNA WAS ALLOWING THE HITMEN FROM THE CARTEL TO ACT LIKE POLICE OFFICERS USING UNIFORMS–

[MUSIC]

MARÍA: WHAT?

PENILEY: –DOING ARRESTS, USING THE IDs. AND ANOTHER INCREDIBLE EXAMPLE OF THIS STORY IS EL GRANDE SHARED THAT HE HAD A SMALL FACTORY IN MEXICO, AND HE WAS MAKING FAKE COCAINE IN THIS LITTLE FACTORY. SO THIS FAKE COCAINE WAS JUST SUGAR AND FLOUR PACKED IN[TO] SHINY WHITE BRICKS WITH THE KNOWLEDGE OF THE POLICE. SO AFTER A BUST, FOR EXAMPLE, THEY WILL SWITCH THE SUGAR AND FLOUR WITH THE REAL COCAINE.

[MUSIC FADES]

MARÍA: AND HE SAID THIS ON THE STAND?

PENILEY: YES.

MARÍA: PERO BASICALLY, TO BE CLEAR, THE ALLEGATION IS THAT GARCÍA LUNA KNEW ALL ABOUT THIS, THAT’S WHAT’S BEING SAID.

PENILEY: EXACTLY, AND HE SAID THAT THANKS TO THE BRIBES, THE SINALOA CARTEL WAS ALLOWED TO CONTROL THE SEAPORTS, THE AIRPORTS, THE HIGHWAYS, AND THE TRAIN ROUTES IN MEXICO. AND THAT’S WHY TIRSO WAS ABLE TO BRING ALL THE COCAINE TO NEW YORK AND CHICAGO BY TRAIN FROM THE SOUTHERN BORDER.

MARÍA: I MEAN, THIS IS JUST SOME CRAZY STUFF. 

[MUSIC]

AGAIN, WE HAVE TO REMEMBER IT IS CRAZY. IT IS TRUE CRIME MEETING TELENOVELA, BUT IT’S ALSO A MAJOR BUSINESS OPERATION.

PENILEY: AND MARÍA, EL GRANDE ADDED THAT GARCÍA LUNA WAS – AND I’M QUOTING HIM – “THE BEST INVESTMENT OF THE CARTEL,” SO GARCÍA LUNA WAS ALSO LEAKING INFORMATION TO THE CARTEL THAT HE, AS A TOP GOVERNMENT OFFICIAL WAS RECEIVING FROM THE UNITED STATES.

MARÍA: OH MY GOD. IT’S EXACTLY ACTUALLY WHERE WE WANTED TO GO, RIGHT? THE UNITED STATES AND THEIR ROLE.

PENILEY: EL GRANDE SAID THAT ONCE HE WAS ORGANIZING A BIG CHRISTMAS PARTY IN ACAPULCO,  BUT THEN HE RECEIVES A CALL OF A POLICE OFFICIAL CLOSE TO GARCÍA LUNA, AND THIS PERSON TOLD HIM THAT THE DEA WAS AFTER ONE OF HIS RELATIVES COMING TO THE PARTY, SO EL GRANDE DECIDED TO CANCEL THE PARTY.

MARÍA: WOW. JUST LIKE THAT. SE ACABÓ LA FIESTA.

[MUSIC FADES]

AND THAT, MY DEAR LISTENER, THOSE ARE YOUR TAX DOLLARS AT WORK. DEA INTELLIGENCE AT THE SERVICE OF THE DRUG CARTELS. KA-CHING.

[MUSIC]

OKAY, PENI, LET’S GET BACK TO OUR GUY GARCÍA LUNA. WHAT DOES ALL OF THIS HAVE TO DO WITH HIM?

PENILEY: WELL, SO EVERY NIGHT I GO BACK HOME AND I CHECK MY DATABASE TO UNDERSTAND HOW THE NEW THINGS I’M LEARNING FROM THE TRIAL CONNECT WITH THE INFORMATION I HAD BEFORE.

[MUSIC]

MARÍA: AND ACTUALLY, DEAR LISTENER, I THINK, THIS IS REALLY IMPORTANT BECAUSE WE’RE NOT JUST GONNA TALK ABOUT, LIKE, THE DAILY COMINGS AND GOINGS OF THE TRIAL. WE’RE ACTUALLY TRYING TO GIVE YOU CONTEXT. OBVIOUSLY, WE’RE GONNA HIGHLIGHT WHAT’S IMPORTANT, BUT WE WANT TO FOCUS AND TALK ABOUT HOW THIS TRIAL IMPACTS US IN THE UNITED STATES.

PENILEY: SO I FOUND THAT A FEW WEEKS BEFORE THE BUST IN BROOKLYN, GARCÍA LUNA BOUGHT SOME LAND IN MEXICO. HE PAID SOME IN CASH AND SOME WITH A BANK LOAN THAT HE FINISHED PAYING REALLY FAST. 

[MUSIC]

MARÍA: OKAY. SO DEAR LISTENER, YOU CAN SEE IT GETS MORE AND MORE INTRIGUING, AND I’M SURE YOU’RE NOT GONNA WANNA MISS THE NEXT EPISODE OF USA VERSUS GARCÍA LUNA. SO REMEMBER, NO TE VAYAS. STAY TUNED. UM, LET ME GET THE TEQUILA.

[MUSIC]

PENILEY: THAT’S RIGHT, MARÍA, BECAUSE NEXT WEEK WE ARE GOING FROM NEW YORK TO THE MEXICAN PACIFIC.

MARÍA: I’M GONNA BE BACK IN COURT NEXT WEEK, SO I’LL SEE YOU IN COURT, PENILEY.

PENILEY: SEE YOU. BYE-BYE.

MARÍA: HASTA LA PRÓXIMA.

CREDITS

USA VERSUS GARCÍA LUNA IS AN ORIGINAL PRODUCTION BY FUTURO INVESTIGATES IN COLLABORATION WITH LATINO USA AND FUTURO STUDIOS. LEMONADA MEDIA IS OUR ADVERTISING AND DISTRIBUTION PARTNER.

OUR HOSTS ARE MARÍA HINOJOSA AND PENILEY RAMIREZ, EXECUTIVE PRODUCERS OF FUTURO UNIDAD HINOJOSA, THE INVESTIGATIONS AND SPECIAL PROJECTS DIVISION OF FUTURO MEDIA. 

THIS EPISODE WAS PRODUCED BY JUAN DIEGO RAMIREZ AND SOFÍA SÁNCHEZ. THIS SERIES IS EDITED BY ANDREA LOPEZ-CRUZADO. OUR ASSOCIATE PRODUCER IS ROXANA AGUIRRE. FACT CHECKING BY ARTURO ANGEL. 

NANCY TRUJILLO AND RAUL PEREZ ARE OUR PROJECT MANAGERS. 

THIS EPISODE WAS MIXED BY STEPHANIE LEBOW, JULIA CARUSO, AND LEAH SHAW DAMERON. MUSIC AND SCORING BY JACOB ROSATI. 

THIS SERIES WAS MADE POSSIBLE WITH SUPPORT FROM THE W.K. KELLOGG FOUNDATION, CHAN ZUCKERBERG INITIATIVE AND HISPANICS IN PHILANTHROPY. 

YOU CAN LISTEN TO THE REST OF “USA VS. GARCÍA LUNA” TODAY, WHEREVER YOU GET YOUR PODCASTS AND ON OUR WEBSITE AT FUTUROINVESTIGATES.ORG — THAT’S FUTURO INVESTIGATES DOT-O-R-G. VISIT OUR SITE TO FIND MORE INFORMATION ON “USA V. GARCÍA LUNA.”

The work of Futuro Investigates is made possible by the W.K.Kellogg Foundation, Chan Zuckerberg Initiative, the Tow Foundation, the Geraldine H. Dodge Foundation, Michelle Mercer and Bruce Golden, and Hispanics in Philanthropy.

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