Case study: Lawyer Liang
WorldCom was investigated by Zhenjiang Public Security Bureau for alleged pyramid schemes, which caused panic, anxiety and even anger among more than 300,000 agents (including more than 5 million end users such as laid-off workers, graduates and demobilized cadres who chose their own jobs). The Internet is even more lively: some people accuse the police of exceeding their authority in handling cases, some people speculate that the police have acted as a tool for world competitors, some people are glad that they have not signed a contract, some people question the judicial intervention in economic activities, and more agents lament whether their investment will go down the drain. Improper handling of this incident is likely to cause a series of social problems. People from all walks of life have different starting points, especially innocent agents. It is understandable from the emotional point of view that they make some extreme remarks or have a mentality of winning the world, but adopting some extreme behaviors and subjective imagination will not help solve the problem. I have a detailed understanding of WorldCom's operation mode, product functions, bonus system, positive and negative media reports, licensing procedures, expert argumentation, etc., and have a deep analysis of this case from the market economy system and jurisprudence for reference only.
1. As far as WorldCom's operation mode is concerned, according to the principle of "a legally prescribed punishment for a crime" in China's criminal law (that is, "if it is not explicitly stipulated in the law as a crime, it shall not be convicted and punished"), its related crimes are similar to those of "illegal business operation", "organizing pyramid selling", "fund-raising fraud", "illegally absorbing public deposits" and "fraud". How to identify? Then analyze the constitutive elements of several crimes one by one:
(1) Crime of fraud: (Article 266 of the Criminal Law) refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding a large amount of public or private property.
1, constitution of crime
(1) object element
The object of this crime is the ownership of public and private property. The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded.
(2) objective factors
Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property. First of all, the perpetrator committed fraud, which includes two forms: one is to fabricate facts, the other is to conceal the truth; Essentially, it is an act that makes the victim fall into a wrong understanding.
After the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property. According to this article, it is a crime to defraud a large amount of public or private property. According to the relevant judicial interpretation, if the amount of fraud is large, it will start from 2000 yuan.
(3) Main elements
The subject of this crime is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
(4) Subjective factors
Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.
2. Obviously, WorldCom Company didn't show the subjective elements of "intentionally illegally occupying the company's property" subjectively, nor did it commit fraudulent acts such as "fabricating facts" and "concealing the truth" objectively, so it didn't constitute the crime of fraud.
(2) Crime of fund-raising fraud: refers to a large amount of fraud that illegally raises funds from the society for the purpose of illegal possession and by means of fabricating facts and concealing the truth.
1. Constitution of crime
(1) The object of infringement includes not only the national financial management order, but also the ownership of public and private property.
(2) Objectively speaking, illegal fund-raising must be conducted through fraud, and the amount is relatively large. Fraud refers to the actor using fictitious funds, using false documents and high returns as bait, or using other means to defraud fund-raising. Illegal fund-raising refers to the act that a unit or individual raises funds from the public without the approval of the competent authority. This crime is established only when the amount of illegal fund-raising is large. According to 1996 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases", if there are any of the following situations in practice, it should be considered that fund-raising fraud has the purpose of "illegal possession": ① absconding with fund-raising funds; (two) the fund-raising funds are squandered, so that the fund-raising funds cannot be returned; (three) the use of fund-raising funds for illegal and criminal activities, so that the fund-raising funds can not be returned; (four) there are other fraudulent acts, refusing to return the fund-raising funds or making it impossible to return the fund-raising funds. The summary of the 200 1 National Symposium on the Trial of Financial Cases held by the Supreme People's Court in Changsha, Hunan Province (hereinafter referred to as the summary) clearly stipulates that financial crimes, including the crime of fund-raising fraud, are identified as "for the purpose of illegal possession": ① defrauding a large amount of funds knowing that they are unable to repay; (2) absconding after illegally obtaining funds; (3) wantonly squandering or defrauding funds; (four) the use of fraudulent funds for illegal and criminal activities; (5) Evading, transferring funds or hiding property to avoid returning funds; 6. Concealing or destroying accounts, or carrying out false bankruptcy or false bankruptcy to avoid withdrawing funds; All landowners other illegal possession of funds and refused to return. In judicial practice, other fraudulent acts can be considered to mean that the fund-raising funds are not used according to the agreed purpose, but are used to repay personal debts, or the fund-raising funds are secretly transferred to others, secretly invested in the name of others, and declared bankrupt, and the fund-raising funds cannot be returned.
(3) The criminal subject is a general subject, including both natural persons and units.
(4) The subjective aspect is intentional, that is, knowing that one's behavior will lead to the harmful result of disturbing the financial order and infringing on the property of others, and hoping or letting this result happen. Subjectively, the actor has the purpose of illegal possession. The purpose of illegal possession here does not mean the purpose of temporary possession or use, but the purpose of illegal possession (including illegal possession by a third person or unit), that is, the purpose of illegal possession.
2. WorldCom subjectively did not intentionally disturb the national financial order or infringe on other people's property. Objectively, there is no act of deceiving the public to raise funds that cannot be returned. Therefore, it does not constitute this crime.
(3) "Crime of illegally absorbing public deposits" refers to the act of illegally absorbing public deposits or absorbing public deposits in disguised form in violation of national financial management regulations, disrupting financial order.
1. Elements of a crime: (1). The subject of this crime is a general subject, which can be composed of both individuals and units. As long as the perpetrator violates the national financial management regulations and illegally absorbs public deposits, it can become the subject of this crime. (2) The object of this crime is the national financial management system. (3) The objective performance of the actor is the act of absorbing funds from unspecified social objects without the approval of the People's Bank of China, issuing vouchers and promising to repay the principal and interest within a certain period of time; Or the act of not absorbing funds from unspecified social objects in the name of absorbing public deposits, but promising to fulfill the obligation of repaying principal and interest. The objective feature of this crime is that it is illegal for the actor to absorb or absorb public deposits in disguise, that is, whether the actor absorbs public deposits at the interest rate stipulated by the state, whether he adopts other methods to raise interest rates in disguise, or perhaps through physical or material benefits, as long as the actor is not qualified to absorb public deposits, it constitutes the crime of illegally absorbing public deposits. (4) The subjective aspect is intentional.
2. WorldCom's marketing model does not meet the objective requirements of the crime, so it does not constitute the crime.
(4) Whether it constitutes the crime of illegal business operation and the crime of organizing pyramid schemes depends on whether WorldCom constitutes pyramid schemes. The Supreme People's Court's April 2006 1 Reply on how to characterize pyramid selling or pyramid selling in disguised form stipulates that if the State Council still engages in pyramid selling or pyramid selling in disguised form after the April 1998 Notice on Prohibition of MLM Business Activities is issued, it will constitute a crime according to Article 225 of the Criminal Law. The Criminal Law Amendment (VII) passed by the National People's Congress in 2008 newly established the crime of organizing pyramid selling. Since then, the criminal law's regulation of pyramid schemes has changed from a single-track system of illegal business operations to a dual-track system of illegal business operations and organizing and leading pyramid schemes. Whether it constitutes a prerequisite for these two crimes depends on whether it constitutes pyramid schemes and whether it achieves "serious circumstances".
1. What is "MLM"? In 2005, the State Council promulgated the MLM Prohibition Ordinance. Article 2 of the "Regulations" stipulates: "The MLM mentioned in this Regulation refers to the behavior of the organizer or operator's development personnel to calculate and pay remuneration to the developed personnel on the basis of the number of personnel or sales performance directly or indirectly developed by them, or to require the developed personnel to obtain the qualification to join, obtain illegal interests, disrupt economic order and affect social stability on the condition of paying a certain fee." Article 7 stipulates: "The following acts belong to pyramid selling: (1) The organizer or operator, through the development of personnel, asks the developed personnel to develop other personnel to join, and calculates and pays remuneration (including material rewards and other economic benefits) to the developed personnel based on the number of personnel directly or indirectly developed, and seeks illegal benefits; (2) The organizer or business operator, through the development personnel, requires the developed personnel to pay the fees or pay the fees in disguised form by subscribing for commodities, etc. , so as to obtain the qualification to join or develop other personnel to join and seek illegal interests; (3) The organizer or operator, through the development personnel, requires the developed personnel to develop other personnel to join, forming a subordinate relationship, and calculating and paying online rewards (including material rewards and other economic benefits) according to the sales performance of the offline, so as to obtain illegal benefits. " In 2009, the National People's Congress deliberated and passed the Criminal Law Amendment (VII). The definition of pyramid selling has been reinterpreted to be more accurate. That is to say, "MLM" is an act that requires participants to obtain franchise qualifications in the name of selling goods and providing services. And form a hierarchy according to a certain order, directly or indirectly take the number of people who develop as the basis for reward or rebate, induce and coerce participants to continue to develop others' participation, defraud property and disrupt economic and social order.
2.MLM features: (1) Pulling people's heads: paving without selling is the biggest feature of MLM, and goods are the cover. In some organizations, the salesmen only pull people's heads, and the income is not the profit of goods, but the number of participants as the main income basis, which does not promote consumption at all and does not bring added value to society. (WorldCom builds a wireless streaming media service network platform by selling LINKWORLD mobile phone software with compression function. Its purpose is to achieve multi-point profit of mobile phone software, e-commerce, advertising revenue and other projects. The advertising feedback of end users is not based on the number of people introducing products, but on their own labor. For example, a third-level agent has 30 softwares, and each software sends 30 advertisements every day, so only 90 yuan's feedback income can be seen through him. Even if he introduced the company to sell 300 softwares, the advertising feedback of the other 300 softwares has nothing to do with him. According to WorldCom's development strategy, after the sales channel is completed, that is, after recruiting agents, it will promote the end users, emphasize the retail of mobile phone software, and reflect the use function and social function of the software. At that time, the agent will earn the price difference of the products according to the number of software sold. Therefore, neither the current investment stage nor the future sales terminal involves per capita profit. Some people may ask: Is it the 8% investment subsidy that agents can get to help companies directly attract investment? No, the donkey's head is wrong. This is normal and legal income. There is no doubt that it takes expenses and costs to help attract investment, but it is unfair exploitation for the company not to give subsidies. What's more, this is only a temporary reward system in the "investment stage". If we have to say that it is to attract people, then those employment agencies, brokerage companies and even shops that enthusiastically attract customers are all "MLM organizations" that attract people. (2) Product quality and low price: the commodity price is higher than the reasonable market price. Generally, the price of MLM products is often ten times or even dozens of times the cost price, so it can't be on the table. If the market price is 65438+ meters from 0.2 yuan and the market price is 0.8 yuan, do you think it is pyramid selling? Consumers are popular, and the government is also popular. (The market price determined by WorldCom LINKWORLD Software Jilin Price Center is 1 100 yuan, while WorldCom's current price is 999 yuan, and the five-year usage fee is 0.50 yuan per day, which is reasonable and well received by the audience. At the same time, the software has high compression function, which greatly reduces the cost of mobile internet access. Experts from the Ministry of Industry and Information Technology also call it a high-quality product with a strong sense of science and technology. WorldCom products have no "high quality and good price". (3) Whether there is a high entry fee (initial fee). That is, the condition for joining or developing a member is to pay a high membership fee or buy goods in disguise. The so-called "sky-high price" means that the expenses paid cannot obtain the equivalent return of the market. "Little Sheep", "McDonald's", "Tsingtao Brewery" and Linlin Chongchong all adopt the "franchise system", and charge the franchise fee (entrance fee) to obtain the brand commodity business qualification. Who ever said or even thought it was pyramid selling? Why don't you think this is pyramid selling? They actually charged an entry fee (joining fee). The key is whether the admission fee is "high" and reasonable. The secondary agent purchases 200 pieces of software at a time, and the full price should be 199800 yuan, with a 30% discount: 139860 yuan; The third-level agent is 30 pieces of software, with a full price of 29,970 yuan and a 20% discount of 23,976 yuan; The retailer has five pieces of software, the full price is 4995 yuan, and 4496 yuan can enjoy a 10% discount. There are countless sales methods that give different discounts according to the quantity of goods purchased at one time. Is WorldCom's agency fee or franchise fee reasonable? It depends on whether there are equivalent or super-value returns in the market. Take the third-level agent as an example, 23,976 yuan is qualified as an agent, and you can enjoy five-year advertising feedback162,000 yuan (calculated in 90 yuan every day for 360 days a year) and sales price difference (999 yuan for each piece). Third-level agents enjoy a 20% discount on purchases, earning 199 per piece. 8 yuan}. Obviously, this is completely overestimated. The agency fee is not "high" at all, but it is cost-effective. If McDonald's charges you 6,543,800 yuan for joining, will you do it or not? Do it. From the perspective of cost economics, if the cost is less, the rate of return will of course be higher. You are happy, and so is the government. Even so, does the government need to spend huge sums of money to stimulate the economy? (4) Whether the remuneration is reasonable and win-win. In the design of the reward system, for the illegal pyramid selling companies that get benefits by pulling people's heads, the proportion of the first salesman's reward commission is the least, and the higher the proportion, the higher the reward. In the structure of sales staff, it often presents a "pyramid" type, which leads to the fact that whoever joins first is always ahead of the latecomers. That is, it has "unsurpassability". According to market rules, the first {bottom} salesman should get the highest proportion. As we all know, the insurance financial industry and even the traditional industries now adopt the "reward mechanism" in sales. The way of reward is not as advanced as before, and it is mostly based on bonus and promotion. What kind of reward system is reasonable? As far as insurance companies are concerned, the commission ratio of salesmen is 30%, and that of department managers is 3%. When the turnover of ten salesmen in this department is 6.5438+0 million, each salesman can get 30 thousand yuan, while the department manager gets 30 thousand yuan, which is a win-win situation for the superior and the subordinate. This is a reasonable reward system. MLM is just the opposite. (WorldCom's future development orientation is to sell mobile phone software, and agents will extract the corresponding 20% market price difference according to their respective sales performance, which is a legitimate and reasonable income; As far as the current investment promotion stage is concerned, the agents who directly assist in investment promotion have 8% investment promotion subsidies, and the indirect superior agents have no commission, which is in line with market rules. As for the second-level 10%-20% difference profit, it is completely normal and reasonable income of traditional sales methods, and it is not a "reward" in pyramid schemes. Every bottle of wine we drink, every box of cosmetics we use, and every dress we wear. . . . . . In the case of adopting the "agency system", county-level agents, municipal agents and provincial agents have different proportions of market difference profits for each consumption. Without such a market return, who will pay a large "joining fee" to join the contract? This embodies the principle of "equal compensation" in the market economy. From this perspective, WorldCom's reward system is completely reasonable and win-win. (5) Whether the product is liquid and whether it can achieve social added value: MLM products are generally not liquid and cannot create wealth. The purpose of purchasing this product is to obtain membership. There are real mobile phone software all over the world, whose functions can meet people's daily needs, especially in the 3G era, which can reduce the cost of surfing the Internet and enhance the transmission speed. For ordinary internet consumers, it can't be said to be the favorite, at least it has strong attraction and desire to buy, so as to realize social circulation and create social wealth. It should be noted that the general public do not know enough about intangible products with high added value, also called intellectual achievements, which are the objects of intellectual property protection, and feel that they are not as intuitive as tangible products that can be felt by the senses. In fact, intangible products are also liquid and valuable. These brands and some patents of Coca-Cola and Double Star are intangible assets that can be transferred and circulated. What are their values? WorldCom software is also an intellectual achievement, especially for China, which advocates "adjusting industrial structure and increasing added value of products". (6) Does it constitute a subordinate relationship? The "up-down relationship" mentioned here means that the income of superior personnel is based on the number of lower-level personnel. The income of the sales company manager depends on the performance of the following salesmen, does it constitute the "up-down relationship" referred to in pyramid schemes? If it is a national company, it is pyramid selling. Does the establishment of a branch of the group count as a development downline? Is recruiting salesmen a development downline? If so, then only the president will directly promote the product. The key is whether the number of people below the head line is the main income. This feature should be combined with the "head-pulling" feature. (WorldCom's agents all sign contracts with WorldCom independently, and they form legal relations with WorldCom respectively. Whether they sign the contract early or late, there is no direct legal relationship between them, and there is no difference. You do yours and I'll do mine. Totally different. )
3. To sum up, WorldCom's marketing model does not conform to the characteristics of "pyramid selling" in China and should not be regarded as "illegal pyramid selling". Since it is not pyramid selling, there is no suspicion of "pyramid selling crime". I believe that the judicial organs, including Zhenjiang public security and procuratorial organs, will finally make a conclusion that conforms to the law.
Two. Legal authorities and jurisdiction in this case
Who is the legal authority in charge of this case? Which authority should be under the jurisdiction of filing a case? What is the statutory duty of the competent department? If it goes beyond the statutory scope of authority and responsibility, there is no doubt that it is suspected of ultra vires jurisdiction or abuse of power.
Generally speaking, the organ to investigate and deal with illegal pyramid schemes should be the administrative department for industry and commerce. The identification of pyramid selling is highly technical, and it is more scientific for the administrative department for industry and commerce to identify and investigate it. Only if it constitutes a pyramid scheme crime, the public security organ has the right to initiate criminal proceedings with the "joint meeting" of the industrial and commercial departments. According to the Provisions of Public Security Organs on Handling Economic Crime Cases, the Explanatory Letter of the General Office of the State Council on Confirming the Departments Investigating and Handling MLMs in the Regulations on Prohibiting MLMs, and Articles 4, 7, 8, 9, 10 and 13 of the Regulations on Prohibiting MLMs, the statutory functional organ for handling suspected illegal pyramid selling cases is the administrative department for industry and commerce, and the administrative department for industry and commerce considers that it constitutes pyramid selling and achieves a crime. In addition to accepting cases of suspected pyramid selling crimes transferred by the administrative department for industry and commerce, the public security organs may, jointly with the administrative department for industry and commerce, investigate and deal with pyramid selling in accordance with the provisions of Article 10 of the Regulations on the Prohibition of Pyramid Selling. Article 10 Whoever, in the name of introducing work or engaging in pyramid schemes, lures others away from their residence for illegal gathering or restricts personal freedom shall be investigated and punished by the public security organ in conjunction with the administrative department for industry and commerce according to law. Obviously, a suspected pyramid scheme case directly filed by the public security organ must meet the three legal conditions of "deceiving others to leave their residence, illegally gathering and restricting personal freedom". It can be seen that there are only two cases in which the public security organs accept suspected pyramid schemes: first, cases transferred by the industrial and commercial departments; Two, deceive others to leave the illegal residence and restrict their personal freedom. And "in conjunction with the administrative department for industry and commerce". Articles 4, 7, 8, 9, 10 and 13 (MLM Prohibition Ordinance) stipulate the responsibilities of the competent authorities in legal form. Article 4 The administrative department for industry and commerce and the public security organ shall, in accordance with the provisions of these Regulations, investigate and deal with pyramid schemes within their respective functions and duties. Article 8 The administrative department for industry and commerce shall, in accordance with the provisions of these regulations, be responsible for investigating and handling pyramid schemes as stipulated in Article 7 of these regulations. Article 9 Where pyramid selling information containing the contents specified in Article 7 of these Regulations is published through the Internet and other media, the administrative department for industry and commerce shall, jointly with relevant departments such as telecommunications, investigate and deal with it in accordance with the provisions of these Regulations. Article 10 Whoever, in the name of introducing work or engaging in pyramid selling activities, lures others away from their residence for illegal gathering or restricts personal freedom shall be investigated and dealt with by the public security organ in conjunction with the administrative department for industry and commerce according to law. Thirteenth industrial and commercial administrative departments to investigate pyramid schemes, suspected of committing a crime, shall be transferred to the public security organs for investigation; The public security organ files a pyramid scheme case for investigation, and if the investigation does not constitute a crime, it shall be handed over to the administrative department for industry and commerce for investigation according to law. )
The pyramid selling criminal cases handled by public security organs also involve jurisdiction. According to the provisions of Article 3 of Several Provisions of Public Security Organs on Handling Economic Crime Cases ("Economic crime cases shall be under the jurisdiction of the public security organs in the crime areas. If it is more appropriate to be under the jurisdiction of the public security organ where the criminal suspect resides, it may be under the jurisdiction of the public security organ where the criminal suspect resides. " "Crime place" refers to the place where the crime took place. Economic crimes for the purpose of illegal possession include the place where the criminal act took place and the place where the criminal suspect actually obtained the property. "domicile" includes domicile and habitual residence. Where the domicile is inconsistent with the habitual residence, it shall be under the jurisdiction of the public security organ of the habitual residence. A habitual residence refers to a place where a citizen has lived continuously for more than one year away from his domicile. Cases suspected of pyramid selling crimes are mainly under the jurisdiction of the public security organs in the "crime place", supplemented by the jurisdiction of the public security organs in the "residence".
As far as the world-wide cases are concerned, their "place of crime" and "place of residence" are not in Zhenjiang, and the only legal basis for Zhenjiang public security to file a case can only be "transferred by Zhenjiang industrial and commercial department", otherwise it will be difficult to wash away the suspicion of ultra vires.
Third, the reason why the world suspects:
Browsing the media, Internet and other questions about WorldCom is nothing more than the following main "grounds": 1. Will the capital chain break? Most of them simply compare the corresponding relationship between advertising revenue and feedback, and then draw a "conclusion" that they can't make ends meet. Completely ignored WorldCom's future development of a number of major revenue methods, not only advertising revenue, but also website revenue, mobile phone software sales profits, business platform revenue and many other revenue points. According to WorldCom's thinking, in theory, income is obviously greater than expenditure, that is, advertising feedback, which is very profitable. To say the least, in the future, even if WorldCom can't pay the agent's advertising feedback according to the contract, the agent can safeguard his rights according to the contract law and other civil laws. Even if it constitutes a crime in the future, it can be punished in accordance with relevant laws. There is no criminal act now, and doubts and speculations about the future cannot be used as the basis for the "present" investigation. Every man may commit sexual crimes in the future, but this cannot be used as a basis for castrating men. Agency investment and joining are risky, and enterprises that implement agency system or joining system may have the possibility of breaking the capital chain. Are they all accusing and interfering with the possibility of "broken capital chain" and endangering the future interests of agents? As a code of conduct, law can only regulate current behavior. 2. Is the contract obviously unfair? In social life, there are not a few contracts in overlord contract format. In order to show fairness, the Contract Law specifically stipulates that obviously unfair has the right to terminate the contract or terms. In addition, how overbearing and unfair the contract is, we just don't sign it with him and are not bound by it; If it is found to be obviously unfair after signing, the cancellation right shall be used to cancel it. 3. Does it constitute pyramid selling? It has been analyzed before, so I won't go into details here. It should be noted that people who doubt WorldCom MLM often question WorldCom's reward mechanism in the "investment stage" and may not have a detailed understanding of WorldCom's long-term operation strategy and product performance. If WorldCom cancels the investment promotion system now and simply sells mobile phone software, is there any similar question? On the other hand, in this case, who will it be sold to today when 3G is not fully launched? Who will sell it? Don't so many products establish sales channels first, that is, attract investment, and then push the terminal? I believe that no matter who doubts is well-intentioned and reasonable, we can't expect every skeptic to be a legal expert or an economic expert.
Fourth, the enlightenment of this case:
Although the WorldCom incident has aroused strong social repercussions, it reflects that under the market economy conditions, all parties use the Internet, media and even public rights as game tools for different purposes, which highlights the fierce market competition and the tolerance of the government, and shows the growing trend of social market awareness and legal awareness. As a world pass. Faced with police investigations and social doubts, WorldCom should reflect on the causes of today's situation, actively accept investigations by the police and the administrative department for industry and commerce, explain the relevant situation, correct unreasonable or illegal systems, and standardize market operation. I believe that the police, industrial and commercial departments and other functional departments will make a correct conclusion. In the face of social doubts, we should understand them, publicize the strategic positioning of the company and standardize the behavior of agents (the propaganda of agents like "pyramid selling" and "attracting investment" is indeed one of the reasons for social misunderstanding). As a functional department of the government, under the market economy system, it is necessary to clarify legal responsibilities, change functions, change from strict management in the past to service, respect market rules and the legal personality of market subjects, and create a legal and orderly environment for the market. Abandon the inherent concept of "presumption of guilt", pay attention to legal facts and evidence, correctly apply legal basis, and achieve "no abolition, no establishment".
The above is purely theoretical analysis, and there are inevitably shortcomings or limitations. I hope you can forgive me.
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