Showing posts with label attorney. Show all posts
Showing posts with label attorney. Show all posts

Saturday, October 12, 2019

DOJ: Michigan Attorney Indicted for Tax Fraud

I remember him from Pentas.



Allegedly Used His Attorney Trust Account to Conceal Income

A grand jury in Detroit, Michigan, returned an indictment yesterday charging Carl L. Collins III, a Michigan attorney, with tax evasion, filing two false tax returns and seven counts of willfully failing to file individual and corporate tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Matthew J. Schneider for the Eastern District of Michigan.
According to the indictment, Collins was a personal injury attorney with offices in Southfield, Michigan.  Collins also allegedly owned two medical companies, MedCity Rehabilitation Services LLC and Alpha Living LLC, as well as a real estate company called First Third LLC.  The indictment charges that Collins filed a tax return for 2012 with the Internal Revenue Service (IRS), which failed to report approximately $550,000 in income.  Collins allegedly deposited most of this unreported income into an attorney trust account, which he failed to disclose to the Michigan State Bar Foundation and his tax return preparer. The indictment further alleges that Collins evaded personal income taxes for 2015 by depositing approximately $580,000 of income into his undisclosed attorney trust account and using much of the money to purchase real estate.  The indictment also charges that, in 2017, Collins filed a false delinquent tax return for 2015. 
The indictment further alleges that Collins willfully failed to timely file tax returns for several years for both himself and his corporations.  Specifically, Collins failed to timely file his individual tax returns for 2013 through 2015, corporate income tax returns for Alpha Living LLC for 2013 through 2015, and corporate income tax returns for MedCity Rehabilitation Services LLC for 2013. 
If convicted, Collins faces a maximum sentence of five years in prison for the tax evasion count, three years for each of the false return counts, and one year for each of the failure to file counts.  He also faces a period of supervised release, restitution, and monetary penalties.
An indictment merely alleges that crimes have been committed, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Schneider commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Kenneth Vert and Jeffrey McLellan of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

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Tuesday, July 16, 2019

OVERSIGHT: Hearing on Hatch Act Violations Without Kellyanne Conway Without - But She Showed Up For Hannity - A Question Of Ethics

Kellyanne Conway did not show up for her subpoenaed request to attend the U.S. House Oversight Hearing on Hatch Act violations.


But she did show up for her interview on FOX News with Sean Hannity.


What Kellyanne fails to understand is that this hearing was not just about her, but the history of using political campaign resources and the resources of an elected office for personal inurement.

Kellyanne fails to understand that by ignoring congress, she has now opened herself up to being challenged of being stripped of, not just her attorney client privilege immunities, but her license to practice law, itself.

Kellyanne fails to understand that she is held to a higher scrutiny because she is a public figure, beholden to a very special set of laws in ethics.

Speaking of ethics, I believe Trump is still obstructing justice by keeping that DOJ OIG Report, referred by the Ethics Committee, in his backpocket.

Kellyanne has much to be concerned about ethical content of her character because.

Trump, a non-attorney, did not advise her not to attend a congressional hearing, that was Don McGahn, another licensed attorney to falsely advise Trump, who has his own ethical dilemma when it comes to Detroit.

#sayhisname

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Friday, June 8, 2018

DOJ Updates FARA Advisory Opinions For Legal Geniuses

Image result for he did it
Explaining to DOJ why the law firm did not register as FARA
"Lobbying is attorney client privilege".
Ooooo.... There was only one recent FARA Advisory Opinion that came out May 3, 2018 and it was dealing with a redacted name law firm and requirements to register as a foreign agent.

You have no idea how much I want this redacted name law firm to be Perkins Coie.

But then again, I keep my expectations extremely low when dealing with government administration, so I will take just about any named law firm at this juncture.

The FARA Advisory Opinion, below, is a warning shot to the community of "Legal Geniuses (trademark pending) stop stealin' , which includes.....how ever shall I coin these activities.....?
  • Offering an elected official (or staffer) money, whether it be a political campaign contribution or your basic personal inurement for doing what you, the lobbyist using money from foreign corporations, tells them to do, is still considered to be bribery.
  • This includes the use of NGOs to facilitate the transactions, whether simple or complex.
  • If you engage in any of the aforementioned activities, and do not register under FARA, you are automatically stripped from any "attorney-client privilege" and any immunity arguments you can find diving in the dumpster of your career.
I shall assume there will be a mad dash of new FARA registrations coming in the new few weeks from the legal community.*

*Please note that "Legal Geniuses" (trademark pending) is a separate and distinct class of individuals with licenses to practice law as an officer of the court on behalf of private interests from those I have identified as the legal community.  Below, is the work of the legal community.  For an example of the work of "Legal Geniuses" (trademark pending), always remember, Perkins Coie Sucks.



Department Of Justice Posts Advisory Opinions On FARA.Gov Website

John Demers, Assistant Attorney General for National Security, announced today the public release of the advisory opinions issued by the Department of Justice’s Foreign Agents Registration Act (FARA) Registration Unit since January 1, 2010.  See below, or https://www.justice.gov/nsd-fara/advisory-opinions.

“Eighty years ago, Congress passed and President Franklin D. Roosevelt signed the Foreign Agents Registration Act (FARA) to combat the spread of hidden foreign influence in American politics,” Assistant Attorney General Demers said.  “Today is the law’s 80th anniversary, and it remains a vital tool to combat this threat.  To enhance compliance, we are making these advisory opinions available publicly and online for the first time. By posting these advisory opinions, the Department of Justice is making clearer how we interpret some of FARA’s key provisions.”

FARA, as amended, 22 U.S.C. § 611 et seq., requires persons in the United States who engage in specified activities as agents of foreign principals to register with the Department of Justice (the “Department”) unless they are exempt.  Disclosures under FARA help to ensure transparency in the activities of foreign principals and make it more difficult for those principals to maintain secret their role in activities occurring in the United States.  Within the Department’s National Security Division (NSD), responsibility for the administration and enforcement of FARA resides with the FARA Registration Unit, which is part of the Counterintelligence and Export Control Section.

Pursuant to regulations that the Department has issued implementing FARA, potential registrants or their counsel may ask the FARA Registration Unit how the Department interprets and applies FARA.  See 28 C.F.R. § 5.2.  Such inquiries must be in writing, must pertain to an actual, as opposed to hypothetical situation, and must disclose the identities of the parties involved. Written materials submitted pursuant to such a request are treated as confidential.

The FARA Registration Unit has issued 49 advisory opinions since January 1, 2010, which are being posted on the FARA.gov website together with three other letters sent in response to requests for general information.  The opinions and letters will be organized on the website by topic of inquiry or the aspects of the statute they discuss.  Any proprietary information, including any information that would identify the parties who made the requests has been redacted. The FARA Unit will post future advisory opinions in a similar manner on a periodic basis.

In its September 2016 Audit of NSD’s Enforcement and Administration of FARA, the Department’s Inspector General recommended that NSD consider the value of making advisory opinions publicly available.  NSD agreed with that recommendation and posted summaries of a few opinions on the website.  With the public posting of a more comprehensive repository of correspondence, the Department has demonstrated its commitment to improving the public’s understanding of FARA.

The Department’s regulations implementing FARA give parties the ability to make inquiries of the FARA Registration Unit concerning the application of the Act to contemplated activities and the Department's present enforcement intentions with respect to those activities.  See 28 C.F.R. § 5.2.  Such inquiries must reflect actual, contemplated transactions and cannot be anonymous.  28 C.F.R. § 5.2(b). 
Below are links to advisory opinions that the FARA Registration Unit has issued pursuant to requests under 28 C.F.R. § 5.2 since January 1, 2010, as well as three opinions issued prior to that point (which were previously summarized on this website).  The identities of the parties and any personal identifying or proprietary information have been redacted from the opinions.  The FARA Unit will post future advisory opinions in a similar manner on a periodic basis.
Please note that these letters, and the guidance they provide, are based on the information submitted to the FARA Registration Unit.  Nothing in these letters is intended to create any substantive or procedural rights, privileges, or benefits enforceable in any administrative, civil, or criminal matter. See United States v. Caceres, 440 U.S. 741 (1979). For further information please contact the FARA Registration Unit at FARA.Public@usdoj.gov or by telephone at
(202) 233-0776.
ShowAgency: Advisory Opinions on Agency Relationship 611(a) - (d)

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Friday, June 1, 2018

Cocktails & Popcorn: The Attorney-Client Privilege Seems To Always Cover Up Dirt & Drama

Image result for wine and saladThe Attorney-Client Privilege seems to be this weed that vibrantly grows in the garden of justice, obfuscating the root systems of due process, for the purposes of either:

A.  Personal inurement of public office; or,

B.  Covering up how the personal inurement of public office was executed and who was thrown under the bus.

I have all intentions of illuminating the salacious  dirt & drama, pulling up the arcane legal weeds choking due process by harvesting the bounty from the garden of justice, which has been neglected for so many generations.

In summation...Welcome to Detroit!

Remember, we have all the tools to address those pesky, deep rooted attorney-client privileges.

Avenatti Hits Back Against WSJ Claims Of Stonewalling Feds In Cohen Case

Michael Avenatti & Stormy Daniels
Update: Avenatti responded to the WSJ report, suggesting that the story was "completely bogus and designed to undercut us."

"Any media report citing 'unnamed sources' (and not a single document) suggesting we are delaying the investigation into Mr. Cohen and DJT is completely false and without basis," he tweeted Tuesday morning. "We have already waived the privilege as to a host of docs and communications to ensure justice is done."




Michael Avenatti has been frustrating federal prosecutors in their attempts to obtain information related to a $130,000 October 2016 payment made by President Trump's personal attorney Michael Cohen to adult-film star Stephanie Clifford, also known as Stormy Daniels, who Avenatti represents.

Mr. Avenatti hasn’t yet acted on multiple requests from federal prosecutors in Manhattan for Ms. Clifford to waive the attorney-client privilege that prevents her former lawyer from discussing their communications about the nondisclosure deal, the people familiar with the matter said. In April, Mr. Avenatti, acting in his capacity as Ms. Clifford’s current lawyer, sent a cease-and-desist letter to her former lawyer, Keith Davidson, ordering him not to disclose any communications related to her, one of those people said.

Mr. Avenatti made similar demands of Ms. Clifford’s former manager, Gina Rodriguez, who helped engineer the hush-money deal. Mr. Avenatti tried to block Ms. Rodriguez from providing her communications with Ms. Clifford to federal prosecutors until he had reviewed them, other people familiar with the matter said. -WSJ

Avenatti said in an emailed statement to the Journal that Rodriguez's communications with Clifford are covered by attorney-client privilege because she was acting as a go-between for Clifford and Davidson. He also said that he had a right to review the documents and would sue Rodriguez if she would not provide them for review.

“We never told her not to provide documents to the government nor did we tell her not to cooperate,” Mr. Avenatti said.

Law professor Steven Lubet of Northwestern Pritzker School of Law told the Journal that Rodriguez's communications with Clifford would only be protected if they were to convey legal advice from, or giving direction to, Davidson.

Avenatti also denies threatening Rodriguez to enforce at 2016 nondisclosure agreement between the manager and Clifford which prevents the former manager from speaking publicly about her work with the former porn star. “That never happened. Period,” he said.

Given his history of threatening journalists over unfavorable coverage, and his wife's court testimony that he's "emotionally abusive," one has to wonder what Avenatti will say next.


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Thursday, May 10, 2018

Just Another Reason To Strip The Attorney Client Privilege - Land

If one is into the stealin' of land, the most effective way of profiting, without having to declare taxes, the price, the financing, or parties involved, is to do it through a law firm that has registered a business in the state, as a foreign corporation, on behalf of a blind trust fund.

That way no one knows what is going on because attorney client privileges.

Mystery land sale in Corktown near Ford Motor Co. site

Of course, there is a potential major deal already in play in Corktown: Ford Motor Co. wants to create an urban campus where it will develop self-driving and electric vehicles, according to multiple sources familiar with ongoing talks. Part of that plan includes the possible purchase of the long-blighted Michigan Central Depot train station in the neighborhood.

That means even the sale of empty lots is fueling speculation of who is buying what and why.
The buyer of the vacant lots, which make up 12 separate addresses on the 2200 and 2300 blocks of Harrison and Cochrane streets, took steps to conceal its identity in public documents. The properties are one block northeast of the corner of Rosa Parks Boulevard and Michigan Avenue, where Ford will soon house 220 members of its autonomous and electric-car teams in a facility it calls “The Factory.”

The dozen Harrison and Cochran street properties were sold in late April by representatives of a trust set up by Howard and Beverly Stone of West Bloomfield Township.

“My lawyer got approached out of the blue late last year,” said Howard Stone. “It was basically negotiations with another lawyer.”

Stone said his family had controlled the property for decades.

The buyer is identified as 20th Street Properties LLC. State documents list “The Corporation Company” as representing the firm. The Corporation Co. is a registered service agency, which is an office set up to accept legal notices and other official documents on behalf of another business.
Stone declined to provide details about the sale.

“I don’t want to ruin any other deals I’m hearing about,” said Stone, who declined to verify what other land sales he was talking about.

The sales price for the properties was left out of the deed.

Ford’s board of directors is expected to be told Thursday that talks continue to buy the former train depot, a source close to the situation said. That person said no deal is done, and no announcement is planned in connection with Ford’s annual shareholders meeting that day.


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Saturday, May 21, 2016

Hamtramck City Attorney Travis Mihelick Rips Off City Because “People get litigation happy”

As reported by the Hamtramck Review, in the article entitled "City once again facing a financial crisis despite state oversight"  I have shared a statement by the City Attorney speaking upon the $500,000 in litigation costs for 2016:

"City Attorney Travis Mihelick said the ongoing legal fees boils down to one thing: “People get litigation happy,” he told the state-appointed Transition Advisory Board."

No.  People have the right of due process and people have the right of free speech when the City Attorney does not do his job and protect the rights of its citizens.

Just for the simple fact that this man, I shall intentionally omit his title as a foreboding act of stripping his license, has failed to function as the City Attorney.

TravisMihelick_OEP7025
Hamtramck City Attorney Travis Mihelick
This man, Travis Mihelick is supposed to be a public servant, but it seems, since he just made partner, has been serving himself and his partners at his law firm.

Yes, that is correct.  Mihelick has no contract with the City to even represent the City.  Heck, he has not even filed an oath of office, but of course, as everyone knows, one does not have to have an oath of office, let alone follow the law, when it comes to defalcation.

Instead of hiring a City Attorney with an annual salary, let us say $70,000 and a $100,000 budget, to farm out conflict of interest cases, the City of Hamtramck prefers to allow the City Attorney to bill, line item bill.

Now, this begs the question, "Who approves the cost-reimbursements?"

City Council, of course.

See, I am just going to allege  that City Council is severely lacking administrative acumen and Mihelick knows this very well.

One half of City Council supports gender segregation while the others are too busy taking stuff from the city and trying not to get busted.

For instance, Hamtramck changed its fiscal year to cover up its budget shortfalls for years.

What this means is that a fiscal year for federal, state and counties begin October 1st, but not in Hamtramck.

So, instead of a City Attorney, Travis Mihelick, doing his job of protecting the citizens of the City, you have a man who will sit back, waiting for someone to get "litigation happy" then bill the City for it with frivolous and dilatory motions.

For example,

Oh, and do not let me forgot to mention that Travis Mihelick has a motion for sanctions sitting on the desk of another federal judge.

The following is an excerpt from the instant complaint which was obviously filed by someone bitten by the"litigation happy" bug,  today, at 3:00 p.m. in the Michigan Eastern District Court:
28. Upon information and belief, that during the course of the investigation and racially targeted mission to rid the Hamtramck community of “these fucking Arabs” and “Sam everybody like him​”​, Defendant police officers Stout and McMahon habitually referenced members of the Arab American business community, including Plaintiff R. Joumaah, an Arab American, as; “​towel heads​”, “​rag heads​”, “​sand niggers​” and “​camel jockeys​”. (See Ex. A ­ John Doe v. Detective McMahon et. al paragraphs 36­43)​. 
29. Upon information and belief, that as a factual basis to fabricate probable cause to procure a search warrant, and initiate a raid upon Plaintiff Sam’s Tire Shop and the residence of Plaintiffs R. Joumaah, the confidential John Doe informant was directed by Defendants McMahon and Stout to present himself to Plaintiff R. Joumaah, as a purchaser of marijuana and guns.


I strongly encourage City Council to start looking for a new City Attorney, just in case, because I have a feeling there are going to be people who will read this, be really displeased with what I have just published, and will be too enthused to do something about it if you do not.

City Attorney says his bills can’t be looked at

According to City Attorney James Allen, of the Allen Brothers law firm, the monthly bills he submits to the city outlining what cases and issues he worked on and how much he and other attorneys in his law firm received in payment are “privileged” information.

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Monday, February 1, 2016

Michigan Attorney General Can Strip Immunities At An Executive Whim

I find this to be an interesting turn of events.
The ethical conflict of interests of the Michigan Attorney General

For almost a decade I have intensely analyzed, isolated, and threw out to feed the politically voracious leaders who wish to address the rights of society.

I have torn apart the one small power yet to be questioned, which was over looked by the mightiest state attorney general in the nation, built by the one and only Frank Kelly.

How can the state attorney general contemporaneously "advocate and advise"?

See, in child welfare, it is the Michigan Attorney General who prosecutes cases of child abuse and neglect, and also termination of parental rights.

The Michigan Attorney General also represents the privatized contractual arms of child welfare.

A series of state laws rammed through the legislature, in essence, stripped immunities from these state contracts.

Prior to that, the Michigan Emergency Manager Law put in a cute little section, basically saying that the state can throw any emergency manager under the bus.

The executive Office of the State of Michigan has granted itself with the powers to grant immunities.

I even know of a situation where a city has granted itself immunities, or rather, a very unique interpretation of the transfer of immunities, found somewhere in the Type III Transfers under state executive orders.

I could go through and insert lots of hyperlinks to support my position in previous posts, but I just realized that I wrote a book on this.

In essence, the attorney general can pick and choose who it represents, devoid of any ethical standard.

If they will do it to kids, they will do it to their own employees.

UPDATE: TOLD YA SO

DEQ workers will get state-funded lawyers in Flint case

It seems Mr. Schuette had a change of heart once the feds stepped in.

State might not defend DEQ workers in Flint water suit

Attorney general says his office can defend only Snyder, state

A new legal migraine could be kicking in for seven Michigan Department of Environmental Quality employees who are being sued over the Flint water crisis.

According to a federal court filing, State Attorney General Bill Schuette said his office "likely" can’t defend the DEQ workers and that they need to find their own lawyers to represent them in a pending lawsuit filed by Flint residents. Schuette has asked a federal judge to decide the issue of whether his office has to defend the DEQ employees -- which is typically done when a state agency or its employees get sued --  or if they should get their own attorneys.

"We’re not just opening the door and sending them out into the world with no assistance," Schuette spokeswoman ... said of the DEQ employees. "We’re going to work with the governor’s office to make sure these folks have lawyers."

DEQ officials declined comment citing pending litigation, but said it is reviewing Schuette's recommendation that the DEQ employees get their own attorneys.

In a move that could suggest friction is building between various state agencies over the Flint fiasco, Schuette has said that his office can defend the governor and state, but not the DEQ employees, because their interests could be at odds as defendants in the case.

“As the issues surrounding the situation in Flint have unfolded, particularly in the last week, it has become apparent that there is a potential conflict of interest between the Governor and State of Michigan on the one hand, and the individual MDEQ employees on the other,” Schuette wrote in a late Friday filing in the court case. “Given this conflict, counsel have determined it is likely they cannot effectively represent both sets of clients.”

Schuette, consequently, asked the court for an additional 30 days to respond to the allegations in the lawsuit, saying he needs more time to go over the case, and the DEQ defendants need more time to find a new lawyer.

The lawsuit centers on allegations by Flint residents that the city and state endangered their health by exposing them to dangerous lead levels in their tap water after switching their supply last year in a move to save money.

Specifically, the lawsuit revolves around Flint’s decision in 2014 to switch to water from the Flint River instead of Detroit's water system, after Gov. Rick Snyder had placed the city under an emergency financial manager.

The switch, the lawsuit claims, has triggered a host of health issues,including dry skin, lesions and respiratory disorders. And even though Snyder decided in October to switch Flint back to Detroit’s water system, the lawsuit says the move is too late and that too many people have already been harmed.

The lawsuit has been filed on behalf of 10 plaintiffs, but seeks class-action status on behalf of all Flint residents. The plaintiffs want compensatory and punitive damages, a medical monitoring fund to be created, and the appointment of a monitor to oversee Flint's water.

The defendants are Snyder, the state of Michigan, seven DEQ employees, the city of Flint, two former emergency managers of Flint, the former Flint mayor and three city employees.

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Wednesday, September 23, 2015

Lets Sue CPS!!! A special look at a few of the most current lawsuits against CPS and their Cronies

From the desk of Legally Kidnapped...

Lets Sue CPS!!! A special look at a few of the most current lawsuits against CPS and their Cronies

I don't know how many parents I've hear were going to sue CPS in the years I've been doing this.  I've heard about people wanting to get together and start a class action.  I've had parents send me copies of their paperwork proving fraud, lies and failures that they were going to use to sue them.

Unfortunately CPS Agents and all of their cronies are protected under Good Samaritan type immunity laws and can't be sued.    That is, of course, with a few exceptions, which we will take a look at now.
-------
In Kansas, parents are jumping on a potential class action lawsuit that is claiming CPS is wrongfully removing children and placing them in abusivefoster homes.
In Maine, DHHS dropped the ball when it failed to warn parents about an ongoing child abuse investigation at a daycare last year.  Now the parents want to sue for failure to warn them so that they could keep their kids safe and because they didn't pull the license of the daycare.

In order to file this suit, however, they need permission from the Legislature due to implied immunity laws.
In Maryland, the infamous parents of  the Free-Range-Kids who were charged with "unsubstantiated neglect" for letting their kids play at and walk home from the park are preparing to sue for harassment.
And of course we all hope they win.

In Washoe County, Nevada there is a potential Wrongful Removal lawsuit going on that's worth taking a look at.  Snatching a newborn without a court order.  Imagine that.
A couple of New Jersey homeschooler's are suing for an unwarranted home intrusion.
And... Two New Jersey CPS Agents sued CPS for unpaid overtime.
They are appealing though.

In Oregon, CPS is being sued for failure to protect a little girl who was molested by two boys in her foster home.
In Pennsylvania, a few child welfare agencies have gotten together and sued the Governor's Administration for cutting their funding during a budget impasse with the legislature.
In South Carolina, a lawsuit has just been filed against CPS for not snatching a kid who was hurt pretty bad by a mothers boyfriend.
In Washington CPS got hit with a $1.75 million dollar lawsuit for placing a child with a foster care provider who had a criminal record and ended up raping her.
I should also remind you that there is a lawsuit happy group of CPS lovers who are totally in it for the money,  Child Advocacy Group called Children's Rights who file mega lawsuits against whole states child welfare systems, collects huge legal fee's and million$ in federal oversight reimbursements while forcing states to pump tons of money to hire new CPS Agents, more foster care providers, services, etc.  

Here's the latest, although the link above just about covers it. 
Although there have been many lawsuits filed against CPS over the years to grace the files of Legally Kidnapped I have to remind you that suing CPS is extremely difficult.  Most of them are protected from such lawsuits as a condition of their employment.  

There are exceptions to this rule of course.  That's not the point.  I urge you to read up on some of these cases further.  Perhaps you'll find a precedent that works for you.     



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Tuesday, June 16, 2015

Meaningful Moments With Baby LK - How To Make Your Lawyer Work For You

Baby LK of Legally Kidnapped has launched a new series of informational pieces dealing with each segment of the child protection industry.



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