Seventh Circuit Dismisses Donelson’s Not a Future Defense, Expands CFTC Reach Over Retail Crypto

Wellermen Image COURT STRIPS DONELSON OF “NOT A FUTURE” DEFENSE

The Seventh Circuit just told commodity-trading promoter James Donelson that calling his scheme “something else” won’t dodge the CFTC. In a brisk, precedent-setting opinion, the three-judge panel ruled that Donelson’s contracts—marketed as simple profit-sharing notes—were in fact off-exchange retail commodity transactions squarely under the agency’s jurisdiction. The decision tightens an already-narrow escape hatch for crypto-linked derivatives and sends a clear signal: labels don’t rewrite statutes.

Donelson had raised roughly $2 million by promising investors 1 percent daily returns, collateralized by what he described as “hedge-fund strategies.” When the CFTC sued, he argued the instruments weren’t futures because no delivery or clearing ever occurred. The district court disagreed and granted summary judgment; Donelson appealed. Writing for the Seventh Circuit, Judge Flaum zeroed in on the economic reality test: if the contract’s value derives from an underlying commodity price and performance is keyed to future market moves, it is a futures contract under the Commodity Exchange Act—regardless of creative paperwork. The panel found both prongs satisfied and affirmed the CFTC’s authority to pursue restitution, disgorgement, and a permanent trading ban.

The ruling hands the CFTC its clearest appellate win yet against retail crypto schemes that blend yield promises with commodity exposure. Because the contracts were offered to non-eligible-contract participants and executed off any designated contract market, they violated CEA Sections 4(a) and 4b(a)(2). Exchanges that still flirt with “structured-product” wrappers for crypto exposure now face the same exposure, while DeFi protocols offering synthetic commodity exposure could be dragged into the same net if marketing targets U.S. retail users.

Plain-English translation: if it walks like a futures contract and quacks like a futures contract, the CFTC can regulate it—even if the issuer calls it a promissory note. The decision lowers the bar for proving “commodity interest” by focusing on economic substance rather than nomenclature, which will embolden the agency in pending cases against token issuers and yield platforms.

For exchanges and DeFi teams, the opinion raises the compliance stakes on any product that embeds price exposure without CFTC registration. Traders chasing off-exchange leverage should expect tighter scrutiny and fewer counterparties willing to absorb regulatory risk. Stablecoin issuers offering indirect commodity bets may also find themselves in the crosshairs if marketing implies daily-yield mechanics.

The court has redrawn the map: the CFTC’s jurisdiction just got wider, and the gray zone just got smaller.

Payward to Offer U.S. Clients Onchain Perpetual Futures via Hyperliquid

Payward Targets First Registered U.S. Exchange Deployment on Hyperliquid

Payward plans to leverage its $550 million acquisition of Bitnomial to become the first registered U.S. exchange to deploy markets on the Hyperliquid protocol.

Payward’s Hyperliquid Strategy

The initiative would connect Payward’s regulated exchange operations with Hyperliquid, a blockchain-based trading protocol designed to support on-chain markets. The move reflects growing interest among established financial platforms in combining regulatory infrastructure with decentralized-market technology.

Role of the Bitnomial Acquisition

Payward intends to use Bitnomial’s regulatory position and exchange infrastructure as part of its expansion into markets built on Hyperliquid. The $550 million acquisition provides the company with a foundation for pursuing regulated digital-asset trading products in the United States.

If completed, the deployment would mark a significant step in bringing a registered U.S. exchange presence to the Hyperliquid ecosystem.

Coinbase Wins First Round as Third Circuit Rules SEC Denial of Rulemaking Is Reviewable

Wellermen Image Coinbase Wins First Round as SEC Authority Faces Scrutiny

The Third Circuit just handed Coinbase a narrow but symbolically powerful victory, rejecting the SEC’s attempt to block the exchange’s petition for review of the agency’s denial of a rulemaking petition. That decision signals that federal courts may not rubber-stamp the Commission’s refusal to clarify crypto rules, opening a new front in the fight over who decides how digital assets are regulated.

The case started when Coinbase asked the SEC to write clear rules for crypto trading, staking, and custody. The agency refused. Coinbase sued, arguing the denial was arbitrary and harmed the industry. The SEC fired back with a procedural objection: it claimed the denial wasn’t a final “order” the court could review. A three-judge panel disagreed. In a precedent-setting move, the court held that when an agency rejects a rulemaking petition, that rejection itself is reviewable—especially where the petition raises issues of broad economic significance like crypto markets.

Judges Ambro, Bibas, and Phipps ruled that Coinbase’s petition cleared the threshold for judicial review. They did not decide whether the SEC’s refusal was legally sound; instead, they ordered the lower court to consider the merits. The win gives Coinbase a chance to argue that the SEC’s hands-off approach to rulemaking leaves traders and exchanges in a regulatory gray zone that chills innovation and invites enforcement surprises.

In plain terms, the Third Circuit told the SEC it can’t simply ignore industry pleas for clarity and expect courts to stay out. The agency must now defend its decision not to regulate, rather than hide behind procedural barriers. This lowers the bar for future challenges from exchanges, token issuers, and DeFi projects that want the SEC to define what counts as a security.

The ruling chips away at the SEC’s strategy of “regulation by enforcement.” If Coinbase ultimately prevails on the merits, the agency could be forced to propose rules instead of targeting platforms one lawsuit at a time. That shift would ease compliance fears for exchanges and stablecoin issuers, but it also raises the specter of stricter, codified oversight that could limit certain DeFi activities.

For traders and builders, the immediate takeaway is cautious optimism: courts are willing to second-guess the SEC’s stonewalling, yet the real test—whether the agency must actually write rules—remains ahead.

Bitcoin Core 32 Nears Release: Faster Validation, Fee Changes, Security Fixes

October Update Revises Fee Estimates and Fixes Node Wallet Security Flaw

The October software update introduces changes to how network nodes estimate transaction fees and process blocks, while addressing a wallet vulnerability that could have allowed an authenticated user to execute commands on a node.

Changes to Fee Estimation and Block Processing

The update modifies the node’s transaction fee estimation system, which helps determine the fees users may need to attach for transactions to be processed. It also includes changes to block-processing procedures, although the available details do not specify how those processes have been redesigned.

Wallet Vulnerability Addressed

The release also fixes a security flaw affecting the wallet component. Under certain conditions, an authenticated user could have used the vulnerability to run commands on the node.

Operators are advised to review the October release notes and apply the update according to the project’s recommended upgrade procedures.

TRM Labs Hits $2B Valuation as Crypto Intelligence Demand Explodes

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TRM Labs Doubles Valuation as Crypto Intelligence Demand Surges

Blockchain intelligence firm TRM Labs has reportedly doubled its valuation to $2 billion in a Series C expansion. The company says its annual recurring revenue has quadrupled over the past three years, signaling that institutions are spending more to track illicit activity and manage crypto risk.

The growth is being driven by TRM’s expansion into AI-powered investigations, an area becoming increasingly important as digital-asset scams, hacks, sanctions violations, and complex money-laundering networks evolve. For crypto businesses, better intelligence is shifting from a compliance expense to a condition of survival.

TRM’s higher valuation reflects investor confidence in the demand for blockchain analytics, but it also raises the bar for execution. The company must prove that its AI tools can identify suspicious activity accurately without producing excessive false positives or exposing customers to new privacy and security risks.

What This Means for Crypto

In plain English, blockchain intelligence platforms help exchanges, banks, regulators, and investigators follow the movement of funds across public blockchains. AI can speed up that work by connecting wallets, transactions, entities, and behavioral patterns that would be difficult to analyze manually.

Traders are unlikely to see an immediate impact on prices, but exchanges and crypto projects could face stricter monitoring as these tools improve. Long-term investors may view the development as evidence that institutional adoption requires stronger compliance infrastructure, while builders will need to design products that can operate under greater scrutiny.

Market Impact and Next Moves

The short-term sentiment is mixed but broadly constructive for crypto’s infrastructure sector. Strong revenue growth supports the case that institutional participation is expanding, yet a higher valuation leaves less room for disappointment if growth slows or AI investments fail to deliver measurable results.

The key risks include regulatory overreach, inaccurate automated alerts, data-security failures, and the possibility that smaller firms cannot afford increasingly sophisticated compliance systems. The opportunity is larger: trusted analytics could help reduce fraud, make digital assets more acceptable to banks, and unlock deeper institutional participation.

TRM’s valuation is a bet that crypto’s next major growth market will be built not just on tokens, but on the systems that make the industry safer to use.

Germany’s 25% Crypto Tax Plan Puts Long-Term Holders on Alert

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Germany’s Proposed 25% Crypto Tax Threatens Holding Incentive

Germany’s Finance Ministry is reportedly considering a 25% tax on cryptocurrency gains starting in 2028. The proposal would mark a major shift from current rules, which can allow investors to avoid tax on crypto profits after holding assets for more than one year.

The potential change would remove one of Germany’s most attractive advantages for long-term crypto investors. While the reported plan is not yet confirmed law, it signals that Berlin may be preparing to treat digital assets more like traditional investment products for tax purposes.

Under Germany’s existing approach, investors who hold crypto for at least a year can generally sell without paying tax on their gains, subject to applicable rules and individual circumstances. A 25% capital-gains tax would make timing, recordkeeping, and portfolio strategy far more important for German traders and holders.

What This Means for Crypto

In plain English, the proposal could mean that profitable crypto sales face a fixed tax rate even when investors hold through multiple market cycles. That would weaken the “buy and wait” incentive that has helped Germany attract crypto users, companies, and investment activity.

Traders could face higher costs, while long-term investors may reconsider where they live, custody their assets, or realize gains. Crypto businesses and builders could also feel pressure if Germany becomes less competitive than jurisdictions offering clearer or lighter tax treatment.

Market Impact and Next Moves

Short-term sentiment is likely mixed. The plan is not an immediate market shock, but it could create selling or relocation concerns among German investors if the proposal gains political momentum. The biggest risks are regulatory uncertainty, rushed tax decisions, and investors misunderstanding a reported plan as final law.

The opportunity lies in watching the details: exemptions, holding periods, loss offsets, staking treatment, and whether existing holdings receive transitional protection. Until those rules are clear, the headline matters less than the final legislation—and investors should not make major moves based on a proposal alone.

Germany may be testing whether crypto can be taxed like mainstream finance without driving its users and businesses elsewhere.

Zcash Jumps 6% as Bitcoin and Ethereum Slide Before Fed Decision

Privacy Token Rallies 130% in 30 Days as Bitcoin Falls Below $76,000

A privacy-focused cryptocurrency has gained 130% over the past 30 days, bringing its price close to all-time highs recorded in 2016. The rally comes as bitcoin trades at a three-and-a-half-week low below $76,000.

Privacy Token Nears 2016 Highs

The token’s sharp monthly advance places it near price levels associated with its previous all-time highs in 2016. The move marks a significant outperformance compared with the broader cryptocurrency market over the same period.

Bitcoin Faces Short-Term Pressure

Bitcoin has declined below $76,000, reaching its lowest level in approximately three and a half weeks. The contrasting performance highlights a shift in market momentum, with the privacy token posting substantial gains while the largest cryptocurrency by market capitalization remains under pressure.

Crypto Groups Take Illinois to Court Over 0.2% Digital Asset Tax

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Crypto Groups Move to Block Illinois Tax

The Crypto Council for Innovation and Blockchain Association are challenging Illinois’ 0.2% tax on crypto activity, arguing that the levy is unconstitutional and too expensive to administer. Their push comes ahead of the tax’s planned January effective date, raising the stakes for businesses operating in the state.

The groups are building on an earlier lawsuit in an effort to stop the measure before it takes effect. Their central argument is that the tax would create costly compliance demands for exchanges, platforms, and other crypto companies, potentially forcing them to track and report activity in ways that could be difficult to implement.

If the challenge succeeds, Illinois could be blocked from collecting the tax and other states may think twice before copying the policy. If it fails, crypto businesses and users could face higher operating costs, while the case may establish an important precedent for how states tax digital assets.

What This Means for Crypto

A 0.2% tax may sound small, but crypto businesses can process enormous transaction volumes. Applied broadly, even a modest levy could become expensive, especially for exchanges and market makers operating on thin margins.

For traders, the immediate risk is higher fees or reduced services if companies pass compliance costs to customers. Long-term investors may see the case as part of a larger fight over whether crypto should be taxed like traditional financial activity or subjected to special state-level rules.

Market Impact and Next Moves

The short-term market reaction is likely mixed rather than dramatic. This is a legal and policy battle, not a direct threat to a major token, but regulatory uncertainty can still weigh on business investment and weaken confidence among builders.

The biggest risks are an adverse court decision, fragmented state tax rules, and compliance costs that push companies away from Illinois. The opportunity is equally clear: a successful challenge could limit aggressive crypto taxation and give the industry a stronger legal foothold as lawmakers design future digital-asset policy.

Illinois’ tax fight could become a national test of whether crypto regulation supports innovation—or quietly prices it out.

Bitcoin Price Warning: $78K Weekly Close Needed to Avoid a Crash

Bitcoin Needs Weekly Close Above $78,000, Capriole Investments Founder Says

Bitcoin must reclaim the $78,000 level by the end of the current weekly trading period to avoid a potential deterioration in its near-term market outlook, according to Charles Edwards, founder of Capriole Investments.

Edwards Sets $78,000 Threshold

Edwards said bitcoin needs to record a weekly close above $78,000 “pronto.” At the time of his statement, the cryptocurrency was approximately $2,000 below that level.

A weekly close above a specific price can carry greater technical significance than an intraday move because it reflects whether the market sustained that level through the end of the trading period. Conversely, failure to regain the threshold could reinforce bearish pressure, according to Edwards’ assessment.

Near-Term Market Focus

The $78,000 level is now a key area for traders monitoring bitcoin’s short-term direction. A sustained move above it could help stabilize market sentiment, while continued trading below the threshold may increase attention on potential downside risks.

Edwards did not provide a specific downside target in his comments. Bitcoin’s next weekly close will determine whether the market can reclaim the level he identified as critical to its near-term outlook.

Jack Dorsey Enters AI Race as Block Faces Mounting Pressure

Jack Dorsey, a longtime advocate of bitcoin and open-source technology, has challenged elements of Anthropic CEO Dario Amodei’s approach to managing the pace of artificial intelligence development. The debate carries implications for Block, the payments and financial technology company led by Dorsey, which is developing products that combine bitcoin, financial services and artificial intelligence.

Dorsey Calls for Greater Openness

Amodei, whose company developed the Claude AI platform, has argued that the rapid advancement of artificial intelligence requires careful consideration of its potential economic and societal effects. In response, Dorsey pushed back against parts of Amodei’s proposed approach, emphasizing the importance of openness in AI development.

Dorsey’s position is consistent with his broader support for open technologies. He has frequently advocated decentralized systems and publicly accessible software, including through his support for bitcoin and open-source development.

Potential Implications for Block

The discussion is also relevant to Block, the financial technology company Dorsey co-founded and leads. Block operates products including Square and Cash App, and has expanded its work in bitcoin-related services and AI-powered tools.

The company has described its broader goal as building a financial system that is “open to everyone.” As AI becomes more deeply integrated into payments, commerce and financial products, questions surrounding transparency, access and governance could influence how Block develops and deploys these technologies.

AI Development Debate Continues

The exchange highlights a broader debate within the technology industry over how quickly AI systems should advance and how much information companies should disclose about their development. Supporters of greater openness argue that transparency can encourage innovation and public oversight, while industry leaders have warned that advanced systems may create safety, security and economic risks.

How the debate develops could affect technology companies operating across both AI and digital finance, particularly as they balance innovation with regulatory and risk-management requirements.

Bubblemaps CEO Demands Transparency as LAPTOP Token Crash Sparks Bitcoin Scrutiny

Hunter Biden’s LAPTOP Token Rebounds After Falling to $0.192

Hunter Biden’s LAPTOP memecoin rebounded to approximately $0.24 on Tuesday after declining to $0.192. Despite the recovery, the token remains down about 99% from its Sept. 9 peak of $199.51.

Token Remains Far Below Record High

The latest move represents a modest recovery from the token’s recent low, but it has done little to reverse the broader post-launch decline. From its all-time high, LAPTOP has lost nearly all of its value, underscoring the extreme volatility that has characterized the market for politically themed memecoins.

Rebound Comes Amid Broader Market Weakness

LAPTOP’s recovery occurred as the broader cryptocurrency market faced selling pressure following the U.S. Senate’s failed vote on the CLARITY Act. The legislative effort had drawn attention from digital asset market participants because of its potential implications for cryptocurrency regulation in the United States.

While major cryptocurrencies and smaller tokens moved lower during the session, LAPTOP briefly moved higher before remaining well below its September peak.

Memecoin Volatility Draws Continued Scrutiny

Memecoins can experience sharp price movements driven by social-media attention, speculation and limited liquidity. The rapid rise and subsequent collapse of LAPTOP has renewed scrutiny of tokens linked to public figures, particularly those that reach high valuations shortly after launch.

Market participants continue to monitor trading activity and liquidity as the token attempts to stabilize following its steep decline.

Grayscale Names XRP a Core Holding in New Crypto Portfolios

Grayscale Places XRP ETF Among Top Allocations in New Model Portfolios

Grayscale has included its XRP exchange-traded fund among the largest allocations in new cryptocurrency model portfolios designed for financial advisers, placing the fund ahead of several other digital-asset products.

XRP ETF Ranks Among Leading Holdings

The XRP fund holds the second-largest allocation in Grayscale’s Next Gen strategy, which excludes bitcoin. It trails only the firm’s ether ETF in that portfolio.

In Grayscale’s broader Leaders model, which includes bitcoin and ether exposure, the XRP ETF ranks third. The firm’s bitcoin and ether funds occupy the first two positions.

Model Portfolios Target Financial Advisers

Grayscale’s model portfolios are structured to help financial advisers build diversified digital-asset allocations for clients. The inclusion of the XRP ETF in the top three positions across the strategies signals that the asset is being considered alongside bitcoin and ether in the firm’s portfolio construction framework.

Grayscale did not disclose the specific allocation percentages in the available information. The rankings also do not indicate future performance or represent investment advice.

Kalshi Wins Court Battle, Forces CFTC to Allow Election Prediction Markets

Wellermen Image KALSHI WINS: COURT SLAPS CFTC FOR BLOCKING ELECTION BETS

Kalshi just beat the CFTC in federal court. The D.C. Circuit refused to pause a lower-court order that forces the agency to let the prediction market list contracts on U.S. elections, exposing a key fault line between regulators and crypto-native exchanges.

The case began when Kalshi asked the CFTC to approve “Congressional Control” contracts—binary bets on which party would control the House and Senate. The agency rejected the product, claiming it was “contrary to the public interest.” Kalshi sued, arguing the CFTC lacked statutory authority to block a contract simply because it was politically sensitive. A district judge agreed and ordered the CFTC to let the market open. The agency rushed to the appeals court, asking for an emergency stay that would have kept the contracts offline until the full appeal played out.

The three-judge panel refused. In a terse order, the court found that the CFTC failed to show it was likely to win on appeal or that letting the contracts trade would cause irreparable harm. That ruling keeps the contracts live while the larger legal fight continues.

The decision is narrow on its face but broad in effect. It tells the CFTC that disapproval must rest on concrete statutory grounds, not vague policy discomfort. It also signals that courts will scrutinize agency attempts to stretch their reach into novel products—especially those built on blockchains.

For crypto markets, the win widens the lane for on-chain event contracts. If Kalshi can host election markets, other platforms may test similar products, accelerating the collision between decentralized finance and traditional regulatory gatekeepers. The CFTC’s loss weakens its leverage in future disputes over what counts as a “commodity” versus an illegal off-exchange bet. Exchanges gain breathing room; traders gain access to risk tools that regulators once blocked.

The CFTC will keep fighting, but today’s order shows courts are willing to second-guess agency instincts when those instincts clash with clear statutory text.

Texas Court Halts Envy Blockchain Raid, Forcing Regulators to Follow Due Process

Wellermen Image COURT BLOCKS TEXAS BLOCKCHAIN RAID

Texas appeals court halts a surprise raid on Envy Blockchain, ruling that state regulators and sheriffs overstepped their authority when they seized mining equipment without proving the company posed an imminent threat to public safety. The Eighth District’s decision slams the brakes on aggressive enforcement tactics and signals that crypto operations cannot be treated like drug labs or weapons caches.

The fight began when the Texas Department of Licensing and Regulation and local law enforcement obtained an ex parte seizure order claiming Envy’s 30-megawatt mining site was an unlicensed “energy hog” that endangered the grid. Envy fired back with a petition for mandamus, arguing that the regulators had no statutory power to bypass normal notice-and-hearing requirements and that the seizure violated due-process protections. The appeals court agreed, finding that the state had failed to demonstrate “extreme necessity” and that the administrative code does not grant blanket authority to confiscate private property first and ask questions later.

The panel granted the writ, ordering the immediate return of the seized ASIC rigs and vacating the seizure order. Envy, its landlord, and CEO Stephen Decani emerge as clear winners; the state agencies and the sheriff’s office lose both the hardware and the precedent they hoped to set. Going forward, any future enforcement action against a mining facility must proceed through ordinary administrative channels—complete with notice, an opportunity to be heard, and judicial oversight—unless regulators can show an actual, immediate danger.

In plain terms, the ruling tells state officials they cannot weaponize emergency powers to short-circuit the legal process just because the target is a crypto mine. It reinforces that blockchain operations are businesses entitled to the same procedural safeguards as any other industrial enterprise, even when they draw heavy power loads.

For crypto markets, the decision narrows the perceived regulatory gap between Texas and friendlier jurisdictions. Miners gain confidence that equipment cannot be snatched overnight, lowering perceived jurisdictional risk and potentially tilting more hash rate toward the Lone Star State. Exchanges and lending desks that finance mining operations can price that risk lower, while stablecoin issuers who rely on Texas-based settlement nodes face one less overhang of sudden operational disruption. The SEC’s influence is untouched, but the ruling underscores that state-level commodity or energy regulators will face judicial pushback if they attempt to regulate by confiscation.

The bigger lesson: courts will still demand evidence before they let regulators treat a data center like a crime scene.

Seventh Circuit Orders CFTC to Release Kraft Settlement Docs, Impacting Crypto Enforcement

Wellermen Image Court Forces CFTC to Hand Over Kraft Documents

The Seventh Circuit has ordered the CFTC to surrender internal documents to Kraft and Mondelēz, ending a years-long fight over what regulators must disclose when they settle manipulation cases. The ruling tightens the leash on an agency that has grown comfortable keeping its investigative files secret.

The dispute began in 2015 when the CFTC accused Kraft of rigging wheat futures. The companies settled for $16 million but demanded the underlying evidence for their own litigation. When the CFTC refused, Kraft sued. A district judge sided with the companies and ordered production. The agency appealed, claiming the records were privileged and that disclosure would chill future enforcement. Yesterday the appeals court rejected that argument, holding that once the CFTC elects to settle a case, the public—and the settling parties—have a presumptive right to see the evidence that justified the penalty.

The judges ruled that the CFTC’s investigative files are not automatically shielded by deliberative-process or law-enforcement privileges when the agency has already concluded its investigation and accepted a settlement. They warned that allowing blanket secrecy would let regulators “write their own exemption from discovery,” undermining both fairness and transparency. Kraft and Mondelēz now gain access to emails, memos, and trader communications that could reshape how the industry views the original enforcement action—and how future targets negotiate with the agency.

In plain terms, the CFTC can no longer treat settled enforcement files as its private archive. Any company that pays a fine can now demand the documents used to build the case, and courts will generally order disclosure unless the agency shows a specific, compelling reason to withhold them. That shifts the balance of power: defendants gain leverage in settlement talks, and regulators lose the comfort of knowing their work product stays hidden.

For crypto markets the precedent is immediate. The CFTC is the primary derivatives cop for Bitcoin, Ether, and every token-labeled future or swap. If enforcement targets can force production of chat logs, internal models, and staff analyses, traders and exchanges will gain early insight into how the agency interprets “market manipulation” in decentralized venues. That visibility could chill aggressive enforcement or, conversely, push the CFTC to settle only when its evidence is bulletproof—raising the stakes for both sides.

Exchanges that list crypto derivatives should now model two scenarios: faster, thinner settlements that come with document dumps, or drawn-out litigation where the agency fights to keep its files closed. Either path increases compliance costs and litigation risk, especially for DeFi protocols that touch U.S. persons. The ruling also strengthens arguments that tokens tied to physically-settled contracts may face the same disclosure obligations once the CFTC brings enforcement.

Regulators just lost their favorite hiding place; traders gained a flashlight.

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