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Many immigrant workers face a grim future without retirement benefits. A California bill could help

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Many immigrant workers face a grim future without retirement benefits. A California bill could help

Whether in rain, raging winds or sweltering summer heat, José Villa can be seen on the streets of north Los Angeles, summoning smiles from children and adults alike. As the Mexican immigrant pushes a cart full of snow cones and popsicles, step by step the clang of his bells announces that his business is open to anyone who wants a sugary treat or immediate relief from the heat.

“I have a very sweet job because it makes a lot of people happy,” Villa said on one of his recent strolls through Highland Park. “But yes, my economic future could be very bitter. So for today I’m not going to think about it,” he added with a smile.

Villa wanted to retire at 62, but as an immigrant without legal documents, he can’t afford the luxury of resting at home. Immigrant workers of his legal status are ineligible to receive Social Security retirement benefits, even if they have paid taxes using an Individual Tax Identification Number, or ITIN, which is issued to people without a Social Security number for the sole purpose of filing federal taxes.

With few job opportunities, Villa has been selling ice cream for seven years. “I don’t know what fate has in store for me when my body gives up,” he says.

(Raul Roa / Los Angeles Times)

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The native of Culiacán, in the northwest Mexican state of Sinaloa, came to the United States when he was 47. He’d grown up working in the fields, planting beans, peanuts, corn and sesame until he decided to try his luck across the border. With only a sixth-grade education, Villa was able to settle in Los Angeles and get a job as a restaurant cook. After 18 years of service, he was fired without explanation, he said.

With few job opportunities, Villa has been selling ice cream for seven years, but the money isn’t enough to rent an apartment or even a room, so he lives in a garage that his boss, the owner of the cart, has provided him indefinitely.

“I don’t know what fate has in store for me when my body gives up,” said the immigrant, adjusting his hat to screen out the sun. “I just have to have faith for a miracle to happen and the government to take pity on old people like me.”

Over the next decade, this bleak future looms for immigrants living in California without unemployment insurance, retirement benefits or another form of safety net, “in numbers unlike any state in modern history,” according to a UC Merced Community and Labor Center report released March 23. The report, titled “A Golden Age: California’s Aging Immigrant Workforce and Its Implications for Safety Net Policy,” asserts that in 2019, the noncitizen workforce in California was 2,984,821 migrant workers, of whom approximately 1,253,625 lacked legal work documents.

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Among the noncitizen workers, 9,558 were then 75 or older, 67,960 were ages 65 to 74, and 316,539 were ages 55 to 64. Among workers without work documents ages 75 and older, there were 4,014 in 2019, while some 28,543 were 65 to 74 and 132,946 were 55 to 64 . These figures indicate that thousands of immigrant families will fall into extreme poverty, analysts and activists say.

With congressional action unlikely, some California politicians and immigrant activists are pushing legislation to bring relief to workers like Villa. The proposed AB 1536 would expand access to the Cash Assistance Program for Immigrants, or CAPI, to undocumented immigrants who, due to their immigration status, aren’t eligible for the Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled. Currently, the state-funded program provides a monthly cash benefit only to lawful permanent residents, refugees or asylum seekers.

Assemblyman Juan Carrillo (D-Palmdale), who introduced the bill on March 2, said that this population deserves to retire with dignity like any other U.S. worker who has paid taxes.

“The idea is to provide these people with monetary assistance, because many of them have worked for decades and contributed for many years to strengthen the California economy,” Carrillo said. “It is time to recognize the hard work they do in the farm fields and in other service industries such as agriculture, landscaping, construction services and restaurant service, among many others.”

In 2019, according to the IRS, more than 2.5 million ITIN tax returns were filed, representing nearly $6 billion in taxes. A study by New American Economy, a research and advocacy organization, showed that undocumented immigrants contribute an average of $13 billion to Social Security and $3 billion to Medicare per year.

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Currently the CAPI program provides $1,100 per month to qualified immigrants. People without legal documents would have similar benefits, depending on their current economic status, Carrillo said.

Assemblyman Miguel Santiago, a co-author of the bill, said it’s imperative for politicians to support this expansion, as no one wants to see more homeless people on the streets of California in years to come.

“Need knows no disease, nor old age,” Santiago said. “These elderly people live in our communities, they are not going anywhere. Many of them continue to work, so it is crucial to attend to them at the basic level to live, which means monetary help so that they can eat and at least have a roof.”

AB 1536 is scheduled to be taken up by the state Senate appropriations committee Aug. 14.

For Villa, the additional income he would receive would enable him at least to rent a one-bedroom apartment instead of living in a garage with only a sofa and a television.

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While Villa sells popsicles in north Los Angeles, to the south Roberto González, 69, washes cars.

González is drenched in sweat as he wipes the windows of a Ford Ranger pickup truck and then cleans the steel wheels.

The native of Puebla, Mexico, suffers from diabetes, high blood pressure and rheumatoid arthritis, which sometimes numbs the joints in his hands, making it difficult to work. But he aims to continue laboring at least five days a week so he can pool his meager earnings with one of his two children.

“The hot days are the hardest, but it is better to bear the sun than rain, because if that happens I no longer have a job,” said González, who has been cleaning cars for five years. The two years he initially planned to stay in the United States have stretched to 49.

“One says, ‘One more year and I’m gone,’ but all savings are spent on rent, bills and sending money to the family,” González said. “The truth is that I am afraid of being a burden to society, and especially to my two older children. Without being able to work, I would depend on them because I don’t have retirement benefits.”

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González believes that if AB 1536 passed he could contribute to his son’s food bills and other household expenses.

Víctor Narro, project director and professor of labor studies at the UCLA Labor Center, said that although elderly undocumented immigrants urgently need help, strengthening Social Security seems to be a political non-starter, especially any plan that would extend it to immigrants who are undocumented.

“The state is facing an unprecedented crisis when it comes to its rapidly aging undocumented population,” Narro said. “Despite their efforts, pro-immigrant activists have failed to achieve immigration reform that would legalize these people after a 30-year struggle. This contributes to more people working under the table earning cash, while others manage to pay taxes that are not worth a retirement.”

 Jose Villa at Sunday service

“I ask for nothing more than some return on my contributions,” Villa said. Undocumented workers are ineligible to receive Social Security benefits, even if they have paid taxes.

(Raul Roa / Los Angeles Times)

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Although Narro believes that political movement is essential to help elderly immigrant workers, he acknowledges that the bills face significant political hurdles. What’s more, he said, “Social Security has long been on shaky financial ground,” because as the U.S. population ages there are fewer workers supporting the growing number of Social Security beneficiaries, who as a group are living longer. Some analysts estimate that funds could run out as soon as 2034.

“People die without documents and without benefits, having given up their lives in a job,” said Angélica Salas, executive director of the Coalition for Human Immigrant Rights, or CHIRLA, which supports AB 1536. “If we don’t push this type of law now, in the coming years we are going to see more elderly people with disabilities, unable to work.”

“This is a moral issue, one of dignity and respect for seniors,” she added.

For workers like Villa and González, California’s bill offers a measure of hope.

“We are all going to grow old, and the only thing that is going to concern us is being healthy and having a roof and food,” Villa said. “I ask for nothing more than some return on my contributions.”

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In González’s view, “God blesses those who shake hands with those who need it. I hope that the politicians think of us and give us that helping hand that we need.”

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Elon Musk, Mark Zuckerberg and Jeff Bezos to Attend Trump’s Inauguration

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Elon Musk, Mark Zuckerberg and Jeff Bezos to Attend Trump’s Inauguration

Corporate America had already raced to donate big sums to Donald Trump’s record-breaking inaugural fund. Now some of its leaders appear eager to jockey for prominent positions at the inauguration next week.

It’s a new reminder that for some of the nation’s biggest businesses, forging close ties to a president-elect who is promising hard-hitting policies like tariffs is a priority this time around.

Jeff Bezos and Mark Zuckerberg are expected to be on the inauguration dais, according to NBC News, alongside Elon Musk and several cabinet picks.

The presence of Musk isn’t a surprise, given the Tesla chief’s significant support of and huge influence over Trump. But the other tech moguls have only more recently been seen as supporters of the administration. (Indeed, Bezos frequently sparred with Trump during his first presidential term.)

It’s the latest effort by Bezos and Zuckerberg to burnish their Trump credentials. At the DealBook Summit in December, Bezos — whose Amazon has faced scrutiny under the Biden administration and whose Blue Origin is hoping to win government rocket contracts — said that he was “very hopeful” about Trump’s efforts to reduce regulation.

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And Zuckerberg recently announced significant changes to Meta’s content moderation policy, including relaxing restrictions on speech seen as protecting groups including L.G.B.T.Q. people that won praise from Trump and other conservatives. On the inauguration front, Zuckerberg is also co-hosting a reception alongside the longtime Trump backers Miriam Adelson, Tilman Fertitta and Todd Ricketts.

Both tech moguls have visited Mar-a-Lago since the election, with Zuckerberg having done so more than once.

Coca-Cola took a different tack. The drinks giant’s C.E.O., James Quincey, gave Trump what an aide called the “first ever Presidential Commemorative Inaugural Diet Coke bottle.”

More broadly, business leaders want a piece of the inauguration action. The Times previously reported that the Trump inaugural fund had surpassed $170 million, a record, and that even major donors have been wait-listed for events.

Others are throwing unofficial events around Washington, including an “Inaugural Crypto Ball” that will feature Snoop Dogg, with tickets starting at $5,000, The Wall Street Journal reports.

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It’s a reminder that C.E.O.s are reading the room, and preparing their companies for a president who has proposed creating an “External Revenue Service” to oversee what he has promised will be wide-ranging tariffs.

David Urban, a longtime Trump adviser who’s hosting a pre-inauguration event, told The Journal, “This is the world order, and if we’re going to succeed, we need to get with the world order.”

  • In other Trump news: The president-elect is expected to appear via videoconference at the World Economic Forum in Davos, Switzerland, which starts on Inauguration Day, according to Semafor.

Investors brace for the latest inflation data. The Consumer Price Index report, due out at 8:30 a.m. Eastern, is expected to show that inflation ticked up last month, most likely because of climbing food and fuel costs. Global bond markets have been rattled as slow progress on slowing inflation has prompted the Fed to slash its forecast for interest rate cuts.

More Trump cabinet picks will appear before the Senate on Wednesday. Senator Marco Rubio of Florida, the choice for secretary of state, is expected to field questions about his views on the Middle East, Ukraine and China, but is expected to be confirmed. Russell Vought, the pick to run the Office of Management and Budget, will most likely be asked about his advocacy for drastically shrinking the federal government, a key Trump objective. And Sean Duffy, the Fox Business host chosen to lead the Transportation Department, will probably face questions on how he would oversee matters including aviation safety and autonomous vehicles, the latter of which is a priority for Elon Musk.

Meta plans to lay off another 5 percent of its employees. Mark Zuckerberg, the tech giant’s C.E.O., told staff members to prepare for “extensive performance-based cuts” as the company braces for “an intense year.” The social media giant faces intense competition in the race to commercialize artificial intelligence.

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A new bill would give TikTok a reprieve from a ban in the United States. Senator Ed Markey, Democrat of Massachusetts, said he planned to introduce the Extend the TikTok Deadline Act, which would give the video platform 270 additional days to be divested from its Chinese parent, ByteDance before being blacklisted. It’s the latest effort to buy TikTok time, as the app faces a Jan. 19 deadline set by a law; President-elect Donald Trump has opposed the potential ban as well.

JPMorgan Chase and BlackRock, the giant money manager, just reported earnings. (In short: Both handily beat analyst expectations.)

But the Wall Street giants are likely to face questioning on a particular issue on Wednesday: Which top lieutenants are in line to replace their larger-than-life C.E.O.s, Jamie Dimon and Larry Fink.

Who’s out:

  • Daniel Pinto, who had long been Dimon’s right-hand man, said he would officially drop his responsibilities as JPMorgan’s C.O.O. in June and retire at the end of 2026. Jenn Piepszak, the co-C.E.O. of the company’s core commercial and investment bank, has become C.O.O.

  • And Mark Wiedman, the head of BlackRock’s global client business and a top contender to succeed Fink, is planning to leave, according to news reports.

What Wall Street is gossiping about JPMorgan: Even in taking the C.O.O. role, JPMorgan said that Piepszak wasn’t interested in succeeding Dimon “at this time.” DealBook hears that while she genuinely appears not to want to pursue the top job, the phrasing covers her in case she changes her mind.

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For now, that means the most likely candidates for the top spot are Marianne Lake, the company’s head of consumer and community banking; Troy Rohrbaugh, the other co-head of the commercial and investment bank; and Doug Petno, a co-head of global banking.

The buzz around BlackRock: Wiedman reportedly didn’t want to keep waiting to succeed Fink and is expected to seek a C.E.O. position elsewhere. (So sudden was his departure that he’s forfeiting about $8 million worth of stock options and, according to The Wall Street Journal, he doesn’t have another job lined up yet.)

Fink said on CNBC on Wednesday that Wiedman’s departure had been in the works for some time, with the executive having expressed a desire to leave about six months ago.

Other candidates to take over for Fink include Martin Small, BlackRock’s C.F.O.; Rob Goldstein, the firm’s C.O.O.; and Rachel Lord, the head of international.

But Dimon and Fink aren’t going anywhere just yet. Dimon, 68, said only last year that he might not be in the role in five years. And Fink, 72, said in July that he was working on succession planning: “When I do believe the next generation is ready, I’m out.”

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Another battle between Elon Musk and the S.E.C. erupted on Tuesday, with the agency suing the tech mogul over his 2022 purchase of Twitter.

It’s unclear what happens to the lawsuit once President-elect Donald Trump, who counts Musk as a close ally, takes office. But the agency’s reputation as an independent watchdog may be at stake.

A recap: The S.E.C. accused Musk of violating securities laws in his $44 billion acquisition of the social media company.

The agency said that Musk had failed to disclose his Twitter ownership stake for a pivotal 11-day stretch before revealing his intentions to purchase the company. That breach allowed him to buy up at least $150 million worth of Twitter shares at a lower price — to the detriment of existing shareholders, the agency argues.

The S.E.C. isn’t just seeking to fine Musk. It wants him to pay back the windfall. “That’s unusual,” Ann Lipton, a professor at Tulane Law School, told DealBook.

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Alex Spiro, Musk’s lawyer, called the latest action a “sham” and accused the agency of waging a “multiyear campaign of harassment” against him.

The showdown sets up a tough question for the S.E.C. Will Paul Atkins, the president-elect’s widely respected pick to lead the agency, drop the case? Such a move could call the bedrock principle of S.E.C. independence into question.

Jay Clayton, who led the agency during Trump’s first term, earned the respect of the business community for running it in a largely drama-free manner. It was under Clayton that the S.E.C. sued Musk over his statements about taking Tesla private.

Musk, who is set to become Trump’s cost-cutting czar and is expected to have office space in the White House complex, has called for the “comprehensive overhaul” of agencies like the S.E.C. The billionaire said he would also like to see “punitive action against those individuals who have abused their regulatory power for personal and political gain.”

  • In related news: The Consumer Financial Protection Bureau sued Capital One, accusing it of cheating its depositors out of $2 billion in interest payments.

Deals

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  • DAZN, the streaming network backed by the billionaire businessman Len Blavatnik, is closing in on funding from Saudi Arabia’s sovereign wealth fund as the kingdom continues to expand its sports footprint. (NYT)

  • The Justice Department sued KKR, accusing the investment giant of withholding information during government reviews for several of its deals. KKR filed a countersuit. (Bloomberg)

  • OpenAI added Adebayo Ogunlesi, the billionaire co-founder of the infrastructure investment firm Global Infrastructure Partners, to its board. (FT)

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For uninsured fire victims, the Small Business Administration offers a rare lifeline

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For uninsured fire victims, the Small Business Administration offers a rare lifeline

As wildfires continue to burn around Southern California, thousands of business owners, homeowners and renters are confronting the daunting challenge of rebuilding from the ashes. For some number of them, the road ahead will be all the more difficult because they didn’t have any or enough insurance to cover their losses. For them, the U.S. Small Business Administration is a possible lifeline.

The SBA, which offers emergency loans to businesses, homeowners, renters and nonprofits, is among the few relief options for those who don’t have insurance or are underinsured. Uninsured Angelenos can also apply for disaster assistance through the Federal Emergency Management Agency, or FEMA.

The current wildfires are ravaging a state that was already in the midst of a home insurance crisis. Thousands of homeowners have lost their insurance in recent years as providers pull out of fire-prone areas and jack up their prices in the face of rising risk.

“For those who are not going to get that insurance payout, this is available,” Small Business Administration head Isabella Casillas Guzman said in an interview during a recent trip to the fire areas. “The loans are intended to fill gaps, and that is very broad.”

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About one-third of businesses don’t have insurance and three-quarters are underinsured, Guzman said.

“There will be residual effects around the whole community,” she said. “Insurance will not cover this disaster.”

Businesses, nonprofits and small agricultural cooperatives can apply for an economic injury loan or a physical damage loan through SBA. Homeowners are eligible for physical damage loans. Economic injury loans are intended to help businesses meet ordinary financial demands, while physical damage loans provide funds for repairs and restoration. People can apply online and loans must be repaid within 30 years.

Renters can receive up to $100,000 in assistance, homeowners up to $500,000 and businesses up to $2 million, according to Guzman. Homeowners and renters who cannot get access to credit elsewhere can qualify for loans with a interest rate of 2.5%. The SBA determines an applicant has no credit available elsewhere if they do not have other funds to pay for disaster recovery and cannot borrow from nongovernment sources.

Interest rates for homeowners and renters who do have access to credit elsewhere are just over 5%. Loans for businesses could come with interest rates of 4% or 8% depending on whether the business has other credit options.

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An applicant must show they are able to repay their loan and have a credit history acceptable to the SBA in order to be approved. The loans became available following President Biden’s declaration of a major disaster in California.

“We’ve already received hundreds of applications from individuals and businesses interested in exploring additional support,” Guzman said. “We know the economic disruption may not be contained to the footprint of any evacuation zones or power outages.”

People who don’t have insurance or whose insurance doesn’t cover the entirety of their losses are eligible for loans, Guzman said. While many will use the funds to start from scratch after losing their property to the fires, businesses that are still standing can also apply for support to cover lost revenue.

Guzman was not able to estimate the total value of loans they expect to offer in California but said the organization is on solid financial footing after temporarily running out of funds in October.

“Funding has been replenished by Congress, and we expect to be able to coordinate closely with Congress,” Guzman said. “We’re fully funded and in a good position to provide support.”

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Cookies, Cocktails and Mushrooms on the Menu as Justices Hear Bank Fraud Case

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Cookies, Cocktails and Mushrooms on the Menu as Justices Hear Bank Fraud Case

In a lively Supreme Court argument on Tuesday that included references to cookies, cocktails and toxic mushrooms, the justices tried to find the line between misleading statements and outright lies in the case of a Chicago politician convicted of making false statements to bank regulators.

The case concerned Patrick Daley Thompson, a former Chicago alderman who is the grandson of one former mayor, Richard J. Daley, and the nephew of another, Richard M. Daley. He conceded that he had misled the regulators but said his statements fell short of the outright falsehoods he said were required to make them criminal.

The justices peppered the lawyers with colorful questions that tried to tease out the difference between false and misleading statements.

Chief Justice John G. Roberts Jr. asked whether a motorist pulled over on suspicion of driving while impaired said something false by stating that he had had one cocktail while omitting that he had also drunk four glasses of wine.

Caroline A. Flynn, a lawyer for the federal government, said that a jury could find the statement to be false because “the officer was asking for a complete account of how much the person had had to drink.”

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Justice Ketanji Brown Jackson asked about a child who admitted to eating three cookies when she had consumed 10.

Ms. Flynn said context mattered.

“If the mom had said, ‘Did you eat all the cookies,’ or ‘how many cookies did you eat,’ and the child says, ‘I ate three cookies’ when she ate 10, that’s a false statement,” Ms. Flynn said. “But, if the mom says, ‘Did you eat any cookies,’ and the child says three, that’s not an understatement in response to a specific numerical inquiry.”

Justice Sonia Sotomayor asked whether it was false to label toxic mushrooms as “a hundred percent natural.” Ms. Flynn did not give a direct response.

The case before the court, Thompson v. United States, No. 23-1095, started when Mr. Thompson took out three loans from Washington Federal Bank for Savings between 2011 and 2014. He used the first, for $110,000, to finance a law firm. He used the next loan, for $20,000, to pay a tax bill. He used the third, for $89,000, to repay a debt to another bank.

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He made a single payment on the loans, for $390 in 2012. The bank, which did not press him for further payments, went under in 2017.

When the Federal Deposit Insurance Corporation and a loan servicer it had hired sought repayment of the loans plus interest, amounting to about $270,000, Mr. Thompson told them he had borrowed $110,000, which was true in a narrow sense but incomplete.

After negotiations, Mr. Thompson in 2018 paid back the principal but not the interest. More than two years later, federal prosecutors charged him with violating a law making it a crime to give “any false statement or report” to influence the F.D.I.C.

He was convicted and ordered to repay the interest, amounting to about $50,000. He served four months in prison.

Chris C. Gair, a lawyer for Mr. Thompson, said his client’s statements were accurate in context, an assertion that met with skepticism. Justice Elena Kagan noted that the jury had found the statements were false and that a ruling in Mr. Thompson’s favor would require a court to rule that no reasonable juror could have come to that conclusion.

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Justices Neil M. Gorsuch and Brett M. Kavanaugh said that issue was not before the court, which had agreed to decide the legal question of whether the federal law, as a general matter, covered misleading statements. Lower courts, they said, could decide whether Mr. Thompson had been properly convicted.

Justice Samuel A. Alito Jr. asked for an example of a misleading statement that was not false. Mr. Gair, who was presenting his first Supreme Court argument, responded by talking about himself.

“If I go back and change my website and say ‘40 years of litigation experience’ and then in bold caps say ‘Supreme Court advocate,’” he said, “that would be, after today, a true statement. It would be misleading to anybody who was thinking about whether to hire me.”

Justice Alito said such a statement was, at most, mildly misleading. But Justice Kagan was impressed.

“Well, it is, though, the humblest answer I’ve ever heard from the Supreme Court podium,” she said, to laughter. “So good show on that one.”

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