Robert Rubin: “I’m not the problem here. It’s the accountants.”


We’ve had this discussion before here at The Agonist. It’s esoteric, it’s dry, it’s boring – but it’s oh so critical in understanding the banking mentality that got us into this financial mess. It’s all about fair value accounting.

The easy-to-understand definition is this: when a bank buys a big pile of manure, fair value accounting opens the doors of the institution wide so that the whole market can get a good strong whiff. The opposite – call it historical accounting or reserve accounting or cost accounting – slams the doors of the bank shut so the odor concentrates to the attention only of the management.

The official U.S. method of accounting for trading assets is fair value accounting, and fortunately the arbiter of these things – the Financial Accountings Standards Board – is sticking to its guns by requiring that banks “mark to market” their trading assets every quarter.

But the pressure keeps mounting to change, and it comes from supposedly respectable business leaders as well as politicians. The latest to call for elimination of fair value accounting is Robert Rubin, the former Secretary of the Treasury who served as an executive of Citigroup this decade while the institution imploded from owning more than the usual share of noisome assets.

This week Mr. Rubin said in a speech that fair value accounting “… has done a great deal of damage. For a lot of financial institutions we should move to something that is more similar to reserve accounting. That will be a very controversial matter.” Mr. Rubin also asserted that fair value accounting doesn’t work when few buyers wants to purchase assets like sub-prime mortgage securities.

This last statement is Mr. Rubin’s Homer Simpson moment. Duh! Of course fair value accounting doesn’t work when your pile of crap is bigger and smellier than anybody else’s – at least it doesn’t work for the management. It forces management to face up to ugly facts, to reveal the truth about its poor judgment, to display the huge hole in the balance sheet that management has created, to admit that maybe this pile of manure has made the institution insolvent. Mr. Rubin kindly added some comments about how fair value accounting creates a vicious cycle of write-downs when people stop buying crap, but all that says is that sometimes liquidity disappears in a market and fair value plummets.

Maybe Mr. Rubin should change his political affiliation and join the Republican Party, the place where such hypocrisy is not merely welcomed but embraced. He and managers like him never had any complaints about fair value accounting when prices were going up and his compost pile of mortgage-backed securities hadn’t started yet to decompose. They just loved the fact that fair value accounting allowed them to front-load all their profit from each new security they bought, because that’s how their big bonuses were created. When prices for these securities leap-frogged ever higher, they kept telling us that “the world was awash in liquidity.” Now, when liquidity has washed away, they suddenly sees a vicious cycle of unfair write-offs.

Mr. Rubin is proposing “reserve accounting”, in which the bank carries its trading assets at cost, and then announces it is a taking a write-down, or reserve, if the assets aren’t worth what they thought. He calls this “controversial”, and he’s right about that. We just as well might call this Trust Me Accounting. We are to put our trust in this very same management to tell us when and if and by how much some asset has gone bad.

We already know how this will work. Management will have no problem using external market prices to value trading assets when the market is going up. When it is going down, management will suddenly rely on gut instinct rather than market prices to decide how much if any reserve to take.

For all of his long years of service at Goldman Sachs, the U.S. Treasury, and then Citigroup, what this sorry episode tells us about a Master of the Universe like Robert Rubin is that he really doesn’t understand the financial markets at all. He understands how to make money in good times, and his whole career seems to have been wrapped up in the glory days of the 1980s and 1990s when markets were ascendant. He knows nothing of bad times and how liquidity can suddenly evaporate and values for almost every financial asset plunge. He and his like never prepared themselves for times like these, which they can only describe as “unprecedented” and a “hundred year event” – something “no one could have predicted”.

He’s left telling us that the problems at Citigroup wouldn’t be anywhere near as bad if the bean counting methods were different. If Citigroup were allowed to hide what they own from public view, and tell us only what they want us to hear, the compost heap would somehow, miraculously, over five or ten years turn into a lush flower garden.

Mr. Rubin and his colleagues better hurry if they want to pressure Congress and the FASB to overturn fair value accounting. The clock is ticking against them, as every hour brings news of more job cuts in one industry after another. The social pain of this depression is starting to spread and the anger that is building is going to be directed increasingly at the Master of the Universe who created the financial debacle at the core of our problems. Eventually Mr. Rubin’s problem won’t be fair value accounting, but that people will be so angry at him and his like that he won’t be given a public platform from which he can make complaints of any sort.


Numerian January 29, 2009 - 4:33am

Unfortunately it applies to some tens of thousands that had lucrative careers in finance until summer 2007.

In case you have not seen it, last week ago, Institutional Risk Analytics interviewed Josh Rosner of Graham Fisher & Co and David Kotok of Cumberland Advisors, and the discussion is one of the most direct and revealing of the true political nature of the financial collapse I have yet seen. As I have written before, using reports from the Fed, FDIC, and Comptroller of the Currency, the financial problems are very tightly concentrated in a handful of the largest banks, with over 8,000 plus smaller and regional banks having declined to participate in Wall Street’s derivatives madness.

But in this interview, the participants explain that there are only six large banks and financial firms that are the core of the problem – and the problem is not being addressed in the public’s best interest because of the huge political power these firms have. Citigroup, Bank of America, JPMorganChase, Wells Fargo, and to a lesser degree, Goldman Sachs, and Morgan Stanley are essentially dead. The enormity of their losses this year is going to force a break through the political obstacles these big banks have selfishly created to actually solving the financial and banking crises.

Rosner flat out states, “I am hearing very clearly from within the regulatory community that it is their primary concern that whatever they are planning is predicated on the notion that we must keep the large banks alive.” Kotok confirms, and notes

The motivation of keeping big banks alive is driven by a desire to avoid another Lehman on the Obama watch. I hear people saying that we cannot have another Lehman, therefore we cannot permit a failure…

They then go on to explain how the big banks can now, with tools developed since the crises began, be easily euthanized without destroying the entire financial system:

Rosner: Exactly. In operational terms, there are no longer institutions that are too big to be resolved. As we discussed with the tree analogy, that is different from 'failing'. Any risk of a run on C[itigroup] or the other banks is now ameliorated. The recently enacted changes to guarantees on deposits, non-interest bearing transactions accounts, etc, addressed that issue. The other systemic issue was counterparty risk, but with the qualified financial contract rule just put in place by the FDIC that risk is also largely gone and you can resolve a bank's counterparty exposures into a good bank/bad bank configuration with little problem and without creating larger systemic risk. If the a counterparty's financial contracts are adequately collateralized, then they can go with the good bank, but the FDIC must retain unilateral power as receiver to reject or accept contracts. The notion that we can't allow C[itigroup] to be wound down and broken up is a spurious argument. I think this argument has less to with Lehman and more to do with the fact that the Fed of New York and the Board have always benefited from the failure of small institutions and the absorption of those assets by the big banks.

A bit later, Kotok explains that Volcker and Summers are running the show, but IRA argues that an internal battle between Volcker on one hand and Summers and Rubin on the other has yet to be decided.

. . . Paul Volcker and Robert Rubin, and Larry Summers, represent very different and ultimately incompatible world views. Volcker is all about public service, transparency and fairness. Rubin and also Summers represent political duplicity and malfeasance on a grand scale, especially when you look at their role in blocking regulation of OTC derivatives and structured finance.

Tony Wikrent January 28, 2009 - 10:12pm

In case you have not seen it, last week ago, Institutional Risk Analytics interviewed Josh Rosner of Graham Fisher & Co and David Kotok of Cumberland Advisors, and the discussion is one of the most direct and revealing of the true political nature of the financial collapse I have yet seen.

Excellent find. Thanks for pointing to it.

Citigroup, Bank of America, JPMorganChase, Wells Fargo, and to a lesser degree, Goldman Sachs, and Morgan Stanley are essentially dead. The enormity of their losses this year is going to force a break through the political obstacles these big banks have selfishly created to actually solving the financial and banking crises.

If this is true, then everything that is going on behind the curtain is about how to finesse it. Apparently, they think it can be done pretty seamlessly. I wonder. There's still seems to be a lot to blow up.

There are a lot of banks other than the big 6. Obviously, they are not pleased. Do they have leverage in the political process? Some of the well-run smaller banks are complaining that rescuing the big boys from their folly is a cram down on them.

tjfxh January 28, 2009 - 10:31pm

that, because you've been a treasure trove of links lately. like this one. this is the plan, plan accordingly yourselves:

Fixing the bank crisis is the easy part
By David P Goldman

For the third time in the post-war period, the United States banking system is insolvent. When President Barack Obama's economic advisor Paul Volcker chaired the Federal Reserve's Board of Governors in 1981, the collapse of emerging-market borrowers left the big American banks on the verge of bankruptcy. The collapse of the junk-bond market in 1990 followed by the real estate market in 1991 left the system insolvent once again.

Both times, the right medicine was to ignore the disease. Rather than mark banks' asset books to market, the Federal Reserve let them carry bad loans at face value. By dropping interest rates, the Fed provided cheap funding for the banks to earn a higher margin
on their assets. As long as cash-on-cash returns were positive, the regulators could ignore the insolvency.
(more)
http://www.atimes.com/atimes/Global_Economy/KA24Dj02.html

Numerian can say that Rubin doesn't understand the crisis, but sometimes I wonder if y'all understand Power. they've already got what they need, the plan is in place and is being executed under your noses. Kinda like Iraq, the powers have gotten what they intended, despite all the bitching. Maybe all y'all know this already, and I'm the one that doesn't understand due to my lack of edjumacation :)

But I did read something about Rothschild crashing the markets a loooong time ago, and Andrew Jackson had some of the same complaints about engineered collapses when he vetoed the 2nd Bank's charter. (you think Obama's gonna repeal the Fed's charter?)
To my highly untrained eye, the fix is in.
And Volcker's policies caused huge pain to the working class, I don't know what this crap about his public service is about. did the rich feel the pinch at that time? all I remember is that Reagan got elected, the farmer's lost their farms, the air traffic controller's union was soon busted and the decline in wages began. Oh yeah, he beat stagflation,....on the backs of the working class.

dk January 29, 2009 - 5:59am

http://market-ticker.denninger.net/archives/751-Bad-United-States-Bank-FDICTreasury.html

That's been evident for some time. We're now just trying to discern the specifics since it's taking place behind the curtain.

tjfxh January 29, 2009 - 12:01pm

He and his like never prepared themselves for times like these, which they can only describe as “unprecedented” and a “hundred year event” – something “no one could have predicted”.

I'm saying it's been planned, and they are prepared. Greenspan couldn't predict that the markets would get greedy? we've seen this all before, the S&L crisis was only 20 some years ago. and then they expand it w/ the Financial Modernization Act of 2000 by allowing more derivations of assets after Orange County blew up in the 90's, LTCM, Enron, etc? Bankruptcy Act of 2005? how prescient!

It's not hubris, it's the plan; it's worked before. Rubin's just giving us a head's up on what's going to happen. all of this "financial crisis" is geo-politics, trying to hang on to our empire by swindling foreigners, some hedge funds and unfortunately, our pensioners. and unless they all band together against the banksters, the banksters will win.
The banksters will win, they almost always do.

I'd love to see the AARP minions protesting at the National Mall, but I expect to see just more of Bob Rubin.

editted to add: I see elsewhere that we're on the same page. but you say it so much better I.

dk January 30, 2009 - 6:32am

That he got credit for curing inflation has always been the most egregious example of naive herd mentality in modern economic history and that's saying alot. How do you cure an oversupply of capital by raising the price? Higher rates rewarded those with surplus money and stiffed those wanting to borrow it. Public service? Lol. Reagan's deficit spending cured inflation, as it increased demand for capital and primed the Keynsian pump.
I do think the problem are far more severe than this crowd can really control and the only trick they have is to try kicking the can a little further down the road. Again. Don't think it can be kicked any further though. Won't stop them from trying though.

I like Obama, but he's climbed to the top of a rotten ladder.

brodix January 29, 2009 - 6:38pm

include Rubin. From Kudlow to Rubin to Jederbanker; the impairment proceeds.

http://mauberly.blogspot.com/

mauberly January 28, 2009 - 11:17pm

How many of the Banks are affected, in the US or around the world. This is like propping up a house of cards with matchsticks and chewing gum.

It might work, one slip (increasingly likely over time), and oops...

Synoia January 28, 2009 - 11:38pm

I appreciate your ability to describe economic arguments in a manner those of us without a post graduate economics degrees can understand.

It's a gift to be able to operate in the one world and then also to be able to take from that world and bring it back to the people.

There will however, be those that would prefer most of us remain in the dark.

I did inhale.

Don January 29, 2009 - 8:06am

is, in fact, what used to be the case until recently. Mark to Market is the innovation, and to some extent, he's right in both directions. Mark to Market allowed banks to value bubble assets at the bubble, and tehn forced them to take write downs that may, or may not, be justified.

Mark to Market became "Mark to model" which became "mark to myth."

Mark to market doesn't work with illiquid or volatile assets, and yet that is what banks deal in - providing liquidity against assets with a fundamental value against market fluctuations. Like say a house.

This argument, whether the "tape tells all" or whether there is fundamental value, isn't going away, and therefore the accounting problem that goes with it isn't either.

The problem in this decade is that we had a macro-policy of monetizing value, which banks then took advantage of marking to market. Bob's bank included. It's a bit late to be complaining about mark to market after having helped advised the "reforms" that put it in place.

The solution first, is to stop monetizing that value. Unfortunately, everyone is addicted to it, and Team Obama (who just went 0 for the Republican Party) isn't about to change that.

The second solution step, which Obama's people are moving on is to create liquid markets for all assets. This should have been done before, but was not. The players wanted the assets to be illiquid.

The third solution step is on solvency accounting. Bob's half right, mark to market isn't the solution. However, what he's proposing, basically "turn the clock back" isn't going to work. Instead what I would propose is that banks would have to buy "volatility insurance." That they would carry the asset at cost, old style, but they would have to pay insurance on the volatility spread between assets and the mark to market value over and above an actuarial standard for the asset class, which would be determined by government, not private, models.

Mark to market didn't work, what Rubin is calling reserve accounting didn't work either (abused by Enron and others, which is why it was replaced). The answer is some new standard which avoids the abuses of both.

Stirling Newberry January 29, 2009 - 8:16am

If the financiers want to have it both ways -- mark to market on the way up, but not on the way down -- then they should be forced to return the bonuses they made on the way up.

tjfxh January 29, 2009 - 12:04pm

The problem is the application. A proper use of the method requires that management set aside some up-front income for the cost of carrying the asset, for the potential loss of liquidity, and for having to undo the transaction at the offer rather than the bid. For mortgage backed securities involving sub-prime borrowers, the set-asides should have been huge. In fact, they should have been big enough to make the transaction virtually non-profitable.

The problem then is that the bean counters are "shutting down the business", an impossibility in modern banking. No management is going to give so much power to staffing functions that they can literally close down a business, especially on the grounds of liquidity constraints which may arise and which can be argued vigorously (and will be by the business managers whose careers and fortunes are at stake).

This same problem, by the way, crops up with reserve or cost accounting. Somebody has to make judgments about liquidity and other aspects of the reserve, and who has the courage to say that a product or business is too risky altogether?

I do have reservations about fair value accounting but these have to do with the tendency towards Ponzi finance that this accounting produces, but that is another story.

Numerian January 29, 2009 - 7:02pm

in his book "Limits to Growth" writes that when he served with Summers at the World Bank he brought up the notion that resources were finite and that any economic paradigm needed to consider this fact. Summers responded "that's not the right way to think about it".

So there you have it.

jtruett January 29, 2009 - 11:16am

liberals and progressives should be screaming about Obama's economic team, which is going to sell us down the river and is already in the process of doing it.

tjfxh January 29, 2009 - 12:06pm

A Quiet Windfall for U.S. Banks: With Attention on Bailout Debate, Treasury Made Change to Tax Policy
January 29th, 2009

Via: Washington Post:

The financial world was fixated on Capitol Hill as Congress battled over the Bush administration’s request for a $700 billion bailout of the banking industry. In the midst of this late-September drama, the Treasury Department issued a five-sentence notice that attracted almost no public attention.

But corporate tax lawyers quickly realized the enormous implications of the document: Administration officials had just given American banks a windfall of as much as $140 billion.

The sweeping change to two decades of tax policy escaped the notice of lawmakers for several days, as they remained consumed with the controversial bailout bill. When they found out, some legislators were furious. Some congressional staff members have privately concluded that the notice was illegal. But they have worried that saying so publicly could unravel several recent bank mergers made possible by the change and send the economy into an even deeper tailspin.

“Did the Treasury Department have the authority to do this? I think almost every tax expert would agree that the answer is no,” said George K. Yin, the former chief of staff of the Joint Committee on Taxation, the nonpartisan congressional authority on taxes. “They basically repealed a 22-year-old law that Congress passed as a backdoor way of providing aid to banks.”

Zuma January 29, 2009 - 8:45pm

and the four major nationals - C, BAC, JPM, WFC - could soon be toast, as well as their equity-holders...bond-holders? Not sure, yet:
(more from the Institutional Risk Analysis round-table)

The Big Banks vs. America: A Roundtable with David Kotok and Josh Rosner
January 26, 2009

"Banking bailouts were sold to us as a "necessary evil" because we were told only our existing network of banks could irrigate the economy with cash and so rescue industry. Now we know they can't do that because their legacy absorbs all the resources, it would appear more sensible to let the old banks fail and start a new generation of banks. After all, the best credit risk is the institution that has no debt. So you could say the error wasn't to let Lehman collapse, but not to have allowed all the banks to collapse in order to have a fresh start. And right now the job market has plenty of bankers available to set up and run new institutions. With just a quarter of the $800 billion or so already splashed about you could start a whole new Wall St. It's not a matter of saying "no more banking system" but "no more fatally compromised old banking system burdened with structural insolvency." (Ban)king is dead. long live (ban)king."

A reader of The IRA

The term "bad bank" is being tossed around Washington dinner tables this week, a sign that the situation facing the largest banks is reaching a boiling point. It is amazing to us to see how little people understand the choices facing us with the big banks, how narrow those choices truly are and how the numbers in terms of losses are so BIG that they will ultimately force us to do the right thing. A couple of points:

First, IRA's estimate for accumulated bank charge offs for 2009 is in the neighborhood of $1 trillion vs. $1.5 trillion in Tier 1 Risk Based Capital at all US banks today. Good news, though, is that 2/3 to 3/4 of that loss number comes from the top 4 - Citigroup (NYSE:C), Bank of America (NYES:BAC), JPMorganChase (NYSE:JPM) and Wells Fargo (NYSE:WFC), in that order of risk profile.

Since most of the toxicity in the banking system is concentrated among the larger banks, with perhaps US Bacorp (NYSE:USB) on down viable in the long run, perhaps we can rebuild the industry using the next round of TARP funds to bulk up these relatively smaller banks and thereby end up with 10-15 larger super regionals in the $300-$500 billion asset range. There may even be banks of this size still doing business under the current names of C, JPM, BAC, etc, but these new banks will have new owners and creditors.

Second, the Good Bank/Bad Bank debate is really a political battle between the large banks listed above plus Goldman Sachs (NYSE:GS) and Morgan Stanley (NYSE:MS) et al among the Sell Side survivors in NYC vs. the rest of the industry and the US economy. In preparing their plans for review by the White House, we hear that the Fed and OCC are supporting further bailouts for the larger banks, while the rest of the industry is being resolved and recapitalized a la Washington Mutual and Lehman Brothers.

Perhaps we ought to feed the "good bank" parts of the "too big to fail" crowd, a crowd prone to leverage and bad risk management, to the smaller and plain vanilla bankers that comprise the nominal majority of the industry. This would solve many things including reducing the lobbying power that Wall Street has in Washington. Come to think of it, President Obama should think about banning lobbying by any company participating in the TARP.

Remember that the entire banking industry stands in front of the taxpayers in terms of loss absorption at the FDIC, so you can understand why the smaller banks in the industry are SERIOUSLY PISSED OFF at the large banks and their minions in the Obama Administration like Tim Geithner and Robert Rubin. Oh, and don't forget Chairman Ben Bernanke and the entire Fed board of governors. These leading officials are increasingly talking the side of the large banks in the battle over limited financial resources, a fact that is causing the community bankers to rise in anger.
Stay tuned.
(much more, incl. a round-table discussion that is equally meaty...

(from the round-table discussion):
The IRA: How do you avoid a haircut for the C bond holders if we see loss rates at 5-6% of total loans and leases? A 30% loss rate at C wipes out the equity several times.

Kotok: I agree. How do you restructure these banks without a bankruptcy for the parent, especially given the loss estimate from you and Chris among others?

Rosner: The answer is that the FDIC has the power to abrogate contracts and seize institutions, we have already guaranteed the debt holders. The Machiavellian mandarins at the Treasury and the Fed seem to have sold us on the notion of taking equity warrants. It means that if the FDIC comes in to do their jobs, they must wipe out the taxpayer equity.

Kotok: But the problem you have is how do you get the bond holders to agree? These are very loss-averse, well-organized investors. Why should they agree to a haircut? This is why the sub-debt of Fannie and Freddie has not been touched.

The IRA: At least not yet. As we've said before, the loss numbers from the GSEs and the large banks will be so large that we will no longer have a choice but to embrace a resolution and receivership. We'll leave it there. Thanks.

http://us1.institutionalriskanalytics.com/pub/IRAMain.asp

The sans-culottes are in the streets, and if Obama, Summers, et al, don't want to simply (and fatally) lock in moral hazard as an institutional precept, backed by the "full faith and credit" of his administration, the "Big 4" of banking will be tossed into the debris skip, and Bob's yer uncle.



“les Etats-unis, c’est le seul pays à être passé de la préhistoire à la décadence sans jamais connaitre la civilisation…”...Georges Clemenceau

barrisj redux January 29, 2009 - 6:04pm

That the problem with the public markets is their short term mentality, but fair value accounting, or mark to market accounting is the absolute shortest term mentality possible.

If you have a piece of real estate on your books with a good tenant, with good credit, paying their mortgage with no intention of ever selling the building, why in the hell do you have to write that asset down in a market that is down. You don't, but in this stupid new regime you actually do, hurting your balance sheet, limiting your ability to make future loans and damaging all the other assets in the chain.

This rule change was the stupidest thing that was ever foisted on business, how it got through I will never know. Rubin is so absolutely right on this issue. I don't know how many banks out there with excellent assets and balance sheets are forced to write down their assets not because the assets are bad, but because the short term market is bad forcing cap rates up and values down. This 'write down' then limits their ability to make future good loans and places a restriction on the net available credit that continues to hurt value.

It is stupid, and it needs to change in exactly the manner the Rubin indicates. It's not about bad loans here, its about good loans being forced lower based on factors that have nothing to do with intrinsic asset quality. Geithner and Summers totally understand this and in more normal times the disaster of mark to market will be corrected.

Scotjen61 January 30, 2009 - 9:57am

Fair value accounting doesn't apply to all assets. It only applies to trading assets, which have specific definitions that recognize they are intended to be kept only short term, such as under a year, and that they are capable of being hedged. Management has the right at the time it books an asset to define it as a trading asset subject to fair value accounting, or as an investment subject to cost accounting.

These assets are very distinct from investments, fixed assets such as plant and equipment, goodwill, etc., where management intends to hold the asset for a long period of time.

In other words, your first sentence is correct - mark to market accounting is the absolute shortest term mentality possible. It applies to those assets which management intended from the start to be traded as quickly as possible for short term gain, and which can be hedged if necessary.

So, in terms of your second paragraph, real estate is not subject to fair value accounting. It is subject to write-downs, as we saw today with Mortimer Zuckerman's write-down of $165 million on NYC properties he bought less than a year ago. In all likelihood, his accountants forced him to recognize the impairment in value, and this had nothing to do with mark to market or fair value.

What Rubin is talking about are the massive amounts of securities (i.e. bonds) that banks have on their balance sheets and which were declared at management's discretion from the start to be trading assets. There was every expectation these Aaa securities could be unloaded at a moment's notice. Notice also that management took billions of dollars of up-front income on these trading assets. Rubin and others could have declared these securities as long term investments subject to cost accounting, but then they wouldn't have been able to take up-front income; income would have dribbled in over time. Bonuses would have been much lower the past five years.

I have no sympathy for these financial wizards who created these products, expected to trade them for a profit and declared them trading assets up-front (which once declared cannot be revoked), demanded huge bonuses accordingly, and now want a do-over by saying these were investments all along. Sorry, but that is just hypocritical b.s. on their part.

If we allow them to get away with it, we as taxpayers will pay for it because we are going to wind up owning these "investments" eventually. If we don't raise objections now, we deserve what we get.

p.s. Fair value accounting has been around for a long long time. Bank management has asked the accounting profession to expand its application to one product after another, and this expansion has been going on since the 1980s. The problem has nothing to do with the accounting concept or practice. The problem has to do with banks using it for increasingly larger amounts of their assets.

Numerian January 30, 2009 - 11:33am

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