beth mason elec complaint #1

7/22/2019 Beth Mason ELEC COMPLAINT #1

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NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSIONP.O. Box 185

Trenton, New Jersey 08625-0185

NEW JERSEY ELECTION LAW

ENFORCEMENT COMMISSION,

Complainant,

v.

ELIZABETH MASON,Candidate for Mayor, Hoboken City,Hudson County,

andRAUL MORALES,and

ANTHONY PASQUALE,andVINCENT ADDEO,

Candidates for Municipal Office, HobokenCity, Hudson County,

and

EDWARD M. LOMBARD,Campaign Treasurer,

andINES GARCIA-KEIM,

andRICHARD G. MASON,

de facto Campaign Treasurers,

Respondents.

COMPLAINT AND NOTICE OF

OPPORTUNITY FOR A HEARING FOR LATE

FILING OF CONTRIBUTION AND

EXPENDITURE INFORMATION FOR THE 2009

MUNICIPAL ELECTION

C-G 0905 05 04-M2009

C-9 0905 15 04-M2009

C-9 0905 17 04-M2009

C-9 0905 08 04-M2009

PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission (hereafter,

the Commission) hereby files a complaint against Elizabeth Mason, Raul Morales, Anthony Pasquale and

Vincent Addeo (hereafter, the Respondent Candidates) and Edward M. Lombard, Ines Garcia-Keim and

Richard G. Mason (hereafter, the Respondent Treasurers) and offers the Respondent Candidates and

Respondent Treasurers an opportunity for a hearing pursuant to the Administrative Procedure Act,

N.J.S.A. 52:14B-1 et seq., to determine whether or not the Respondent Candidates and Respondent

Treasurers had the responsibility under the terms of The New Jersey Campaign Contributions and


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ELEC v. Elizabeth Mason, Raul Morales, Anthony Pasquale and Vincent Addeo, and Edward M. Lombard,Campaign Treasurer, and Ines Garcia-Keim and Richard G. Mason, de facto Campaign TreasurersC-G 0905 05 04-M2009, C-9 0905 15 04-M2009, C-9 0905 17 04-M2009, C-9 0905 08 04-M2009Page 2 of 36

Expenditures Reporting Act, N.J.S.A. 19:44A-1, et seq. (hereafter, the Act) for the filing of campaign

reports or information required to be filed pursuant to the Act, and to determine whether or not the

Respondent Candidates and Respondent Treasurers failed, neglected or omitted to file any such report or

information at the time and in the manner prescribed by law, or in any other way violated the provisions of

the Act, and are therefore subject to penalties provided by the Act. The hearing will be conducted under the

legal authority and jurisdiction conferred upon the Commission to impose penalties for violations of the Act,

specifically Sections 6(b) and 22.

The Commission, by way of Complaint, alleges:

COUNT ONE

PROPOSED FINDINGS OF FACT:

1. Elizabeth Mason sought election to the office of Mayor and Raul Morales, Anthony

Pasquale and Vincent Addeo sought election to municipal office in the city of Hoboken, Hudson County,

during the 2009 municipal election, held on May 12, 2009. Hereafter in this Complaint Elizabeth Mason

shall be referred to as the Respondent Candidate Mason, Raul Morales shall be referred to as the

Respondent Candidate Morales, Anthony Pasquale shall be referred to as the Respondent Candidate

Pasquale, and Vincent Addeo shall be referred to as the Respondent Candidate Addeo. The four

candidates shall collectively be referred to as the Respondent Candidates.

2. The Respondent Candidates filed with the Commission on April 13, 2009, a Joint

Candidates Committee Certificate of Organization and Designation of Campaign Treasurer and

Depository (Form D-2), reporting that the Respondent Candidates established a joint candidates

committee, Mason Team for One Hoboken, to receive contributions and make expenditures for the

Respondent Candidates 2009 municipal election candidacies. The joint candidates committee received

and deposited contributions into and made expenditures from a campaign depository established and

maintained at Wachovia Bank, N.A. (hereafter, the 2009 campaign depository account). The Form D-2


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designated Edward M. Lombard as the campaign treasurer, and was certified by the Respondent

Candidates. Hereafter in this Complaint Edward M. Lombard shall be referred to as the Respondent

Treasurer Lombard.

3. The Respondent Treasurer Lombard was a person who acted in the capacity of campaign

treasurer and undertook activity relating to receiving contributions and making expenditures on behalf of

the Respondent Candidates 2009 municipal election candidacies.

4. During the period of time from April 29, 2009 (the 13th day preceding the 2009 municipal

election) through May 12, 2009 (the date of the 2009 municipal election), the Respondent Candidates and

Respondent Treasurer Lombard received and deposited into the 2009 campaign depository account, two

contributions totaling $5100.00, as follows:

a. one contribution in the amount of $2500.00, received by check and drawn on the account

of Niall J. Murray, deposited on or around May 7, 2009; and

b. one contribution in the amount of $2600.00, received by check and drawn on the account

of Randall W. Brummette, deposited on or around May 8, 2009.

5. The Respondent Candidates and the Respondent Treasurer Lombard did not file with the

Commission within forty-eight hours of receipt, or on any date up to and including May 12, 2009, the

date of the 2009 municipal election, any written notice of receipt of the two 48-hour notice reporting

transactions, totaling $5100.00, described in paragraph four (items a and b), above.

PROPOSED CONCLUSIONS OF LAW:

1. The Respondent Candidate Elizabeth Mason was at all times relevant to this Complaint a

candidate, as the term candidate is defined at N.J.S.A. 19:44A-3c, for the office of Mayor in the City

of Hoboken, Hudson County, in the 2009 municipal election held on May 12, 2009, and therefore was

subject to the requirements of the Act, N.J.S.A. 19:44A-1 to 47, and Commission Regulations, N.J.A.C.

19:25-1 to 21.


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2. The Respondent Candidates Raul Morales, Anthony Pasquale and Vincent Addeo, were at

all times relevant to this Complaint candidates, as the term candidate is defined at N.J.S.A. 19:44A-

3c, for municipal office in the City of Hoboken, Hudson County, in the 2009 municipal election held on

May 12, 2009, and therefore were subject to the requirements of the Act, N.J.S.A. 19:44A-1 to 47, and

Commission Regulations, N.J.A.C. 19:25-1 to 21.

3. The Respondent Treasurer Edward M. Lombard was at all times relevant to this Count, the

Respondent Candidates campaign treasurer in the 2009 municipal election held on May 12, 2009, and

was therefore subject to the requirements of the Act and Commission Regulations.

4. The Respondent Candidates and the Respondent Treasurer Lombard were required, pursuant

to N.J.S.A. 19:44A-16i and N.J.A.C. 19:25-8.6, to file with the Commission a written notice within forty-

eight hours of receipt of each 48-hour notice reporting transaction. As used in this Complaint, the term,

48-hour notice reporting transaction shall mean the receipt by the Respondent Candidates and the

Respondent Treasurer Lombard of a contribution or aggregate contributions from a single source during

the period of time from April 29, 2009 (the 13th day preceding the 2009 municipal election) through May

12, 2009 (the date of the 2009 municipal election), which contribution was in excess of $1200.00, or

which aggregate contributions from a contributor were in excess of $1200.00. The 48-hour written notice

was required to include for each contribution or aggregate contributions in excess of $1200.00, the name

of the recipient candidate committee, the name and address of the contributor, the contribution amount,

the date of receipt, and if the contributor is an individual, the occupation of said individual contributor

and the name and mailing address of said individual contributors employer.

5. The Respondent Candidates and the Respondent Treasurer Lombard violated N.J.S.A.

19:44A-16i and N.J.A.C. 19:25-8.6 by failing to file with the Commission either within forty-eight hours

of receipt or on any date up to and including May 12, 2009, the date of the 2009 municipal election, any


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written notice of receipt of the two 48-hour notice reporting transactions, totaling $5100.00, described in

paragraph four (items a and b) of the Proposed Findings of Fact in this Count, above.

6. The Respondent Candidates and the Respondent Treasurer Lombard are each subject to

imposition by the Commission of the penalties prescribed by N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-

17.1 et seq., which penalties may not be more than $6800.00 for each 48-hour notice reporting

transaction, that is, for each contribution or aggregate contributions from a single source received in an

amount greater than $1200.00 by the Respondent Candidates and Respondent Treasurer Lombard during

the period of time from April 29, 2009 through May 12, 2009, for which a written notice of receipt was

not filed with the Commission within 48-hours of receipt, as required by N.J.S.A. 19:44A-16i and

N.J.A.C. 19:25-8.6.

COUNT TWO


1. The Proposed Findings of Fact contained in Count One of this Complaint are repeated and

incorporated herein as if set forth in full below.

2. The Respondent Ines Garcia-Keim is a person who acted in the capacity of campaign

treasurer and undertook activities including the certification of reports relevant to the financial activity of

the Respondent Candidates for the time period beginning April 29, 2009 through May 29, 2009

(hereafter, the 20-day postelection reporting period. Hereafter in this Complaint Ines Garcia-Keim shall

be referred to as the Respondent de facto Treasurer Garcia-Keim.

3. The Respondent Candidates and Respondent de facto Treasurer Garcia-Keim certified as

correct and filed with the Commission on September 17, 2009, a Report of Contributions and

Expenditures (Form R-1) as the 20-day postelection report for the 2009 municipal election, disclosing

financial activity relevant to the 2009 municipal election, during the 20-day postelection reporting period.


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4. The Respondent Candidates, Respondent Treasurer Lombard and Respondent de facto

Treasurer Garcia-Keim reported for the first time on September 17, 2009, on Schedule A, Monetary

Contributions in Excess of $300, of the 20-day postelection report for the 2009 municipal election,

contribution information for the contributors of six contributions totaling $8100.00, received in excess of

$300.00, individually or in the aggregate from one source in the 2009 municipal election, during the 20-

day postelection reporting period. Contribution information relevant to the six contributions is identified

in Items 1-6, Columns B through F of Exhibit A. Exhibit A is attached hereto and hereby incorporated

into this Complaint.


Treasurer Garcia-Keim reported for the first time on September 17, 2009, on Schedule B, In-Kind

Contributions in Excess of $300, of the 20-day postelection report for the 2009 municipal election,

contribution information for the contributor of one contribution received in excess of $300.00,

individually or in the aggregate from one source, totaling $2600.00, as an in-kind contribution, during

the 20-day postelection reporting period. Contribution information relevant to the one in-kind

contribution is identified in Item 1, Columns B through G of Exhibit B. Exhibit B is attached hereto and

hereby incorporated into this Complaint.


1. The Proposed Conclusions of Law contained in Count One of this Complaint are repeated

and incorporated herein as if set forth in full below.




3. The Respondent de facto Treasurer, Ines Garcia-Keim, was at all times relevant to this Count,

the Respondent Candidates de facto campaign treasurer in the 2009 municipal election held on May 12,

2009, and was therefore subject to the requirements of the Act and Commission Regulations.


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Treasurer Garcia-Keim were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2, to certify

as correct and file with the Commission on June 1, 2009, a Report of Contributions and Expenditures

(Form R-1) as a 20-day postelection report for the 2009 municipal election, to report all contributions

received and expenditures made for the 2009 municipal election, for the period of time beginning April

29, 2009 through May 29, 2009 (hereafter, the 20-day postelection reporting period).


Treasurer Garcia-Keim were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2, 19:25-

10.2 and 19:25-10.4 to certify as correct and report on June 1, 2009, on the 20-day postelection report for

the 2009 municipal election, all contributions received during the 20-day postelection reporting period,

including all moneys, loans, paid personal services, or other things of value, including contributions of

goods and services (in-kind contributions), contributed to the Respondent Candidates during the 20-day

postelection reporting period for the 2009 municipal election.

6. For each contribution in excess of $300.00, individually or when aggregated with prior

contributions from one source, received during the 2009 municipal election through May 29, 2009, the

Respondent Candidates, Respondent Treasurer Lombard and Respondent de facto Treasurer Garcia-Keim

were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-10.2 and 19:25-10.15, to report the

date of receipt and the amount of the contribution, and the name and address of the contributor. Where the

contributor was an individual, the Respondent Candidates, Respondent Treasurer Lombard and

Respondent de facto Treasurer Garcia-Keim were also required, pursuant to N.J.A.C. 19:25-10.2A, to

disclose the individuals occupation, as well as the name and mailing address of the contributors

employer.

7. For each contribution of goods and services, or in-kind contribution, pursuant to N.J.A.C.

19:25-1.7 and 19:25-10.4, received in excess of $300.00, either alone or when aggregated with prior

contributions, from the same contributor during the 2009 municipal election through May 29, 2009, the


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were required to report a description of the contribution, the name and address of the contributor, the date

of receipt of the contribution, and the contribution amount, and where the contributor is an individual, the

occupation of said contributor and the name and address of said contributors employer.


Treasurer Garcia-Keim violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2 by failing to certify as

correct and file on June 1, 2009, the 20-day postelection report for the 2009 municipal election. The


certified as correct and filed with the Commission on September 17, 2009, a Form R-1 as the 20-day

report for the 2009 municipal election, 108 days after the June 1, 2009 due date.


Treasurer Garcia-Keim violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2, 19:25-10.2, 19:25-10.2A

and 19:25-10.15 by failing to report on June 1, 2009, on the 20-day postelection report for the 2009

municipal election, contribution information for the receipt of six contributions in excess of $300.00,

totaling $8100.00, described in paragraph four of the Proposed Findings of Fact in this Count, above. The


reported contribution information relevant to the six contributions totaling $8100.00 on September 17,

2009, 108 days after the June 1, 2009 due date for the 20-day postelection report for the 2009 municipal

election.


Treasurer Garcia-Keim violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2 and 19:25-10.4 by failing to

report on June 1, 2009, on the 20-day postelection report for the 2009 municipal election, contribution

information for the receipt of one in-kind contribution received in excess of $300.00, individually or in

the aggregate from one source, in the amount of $2600.00, described in paragraph five of the Proposed

Findings of Fact in this Count, above. The Respondent Candidates, Respondent Treasurer Lombard and


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Respondent de facto Treasurer Garcia-Keim reported contribution information relevant to the one in-kind

contribution in the amount of $2600.00 on September 17, 2009, 108 days after the June 1, 2009 due date

for the 20-day postelection report for the 2009 municipal election.


Treasurer Garcia-Keim are each subject to imposition by the Commission of the penalties prescribed by

N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et seq., which penalties may not be more than $6800.00 for

each reporting transaction, that is for each contribution received which has not been reported in the

manner or in the time prescribed by the Act or Commission regulations.

COUNT THREE


1. The Proposed Findings of Fact contained in Counts One and Two in this Complaint are

repeated and incorporated herein as if set forth in full below.


Treasurer Garcia-Keim reported for the first time on September 17, 2009, on Schedule C, Loans

Received, of the 20-day postelection report for the 2009 municipal election, contributor information

relevant to four loans totaling $103,836.59, received during the 20-day postelection reporting period.

Contribution information relevant to the four loans is identified in Items 1-4, Columns B through G of

Exhibit C. Exhibit C is attached hereto and hereby incorporated into this Complaint.


1. The Proposed Conclusions of Law contained in Counts One and Two in this Complaint are






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Treasurer Garcia-Keim were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2 and 19:25-

10.13, to certify as correct and file with the Commission on June 1, 2009, a 20-day postelection report for

the 2009 municipal election, and to report all contribution information, including the date of receipt and

amount of any loans received, and the name and mailing address of the lender. Where the lender was an

individual and for all currency contributions, the Respondent Candidates, Respondent Treasurer Lombard

and Respondent de facto Treasurer Garcia-Keim were also required to disclose the individuals

occupation, as well as the name and mailing address of the lenders employer.


Treasurer Garcia-Keim violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2 and 19:25-10.13 by failing to

certify as correct and file on June 1, 2009, the 20-day postelection report for the 2009 municipal election,

and to report timely contribution information for the receipt of four loans totaling $103,836.59, described

in paragraph two of the Proposed Findings of Fact in this Count, above. The Respondent Candidates,

Respondent Treasurer Lombard and Respondent de facto Treasurer Garcia-Keim reported contribution

information relevant to the four loans totaling $103,836.59 on September 17, 2009, 108 days after the

June 1, 2009 due date for the 20-day postelection report for the 2009 municipal election.




each reporting transaction, that is for each contribution which has not been reported in the manner or in

the time prescribed by the Act or Commission regulations.


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COUNT FOUR


1. The Proposed Findings of Fact contained in Counts One through Three of this Complaint are



Treasurer Garcia-Keim reported for the first time on September 17, 2009, on Line 1 of Table I.

Receipts, of the 20-day postelection report for the 2009 municipal election, receipt of an amount of

$7849.00 from contributors, each of whose contributions to the Respondent Candidates during the 20-day

postelection reporting period for the 2009 municipal election did not exceed $300.00, in the aggregate, as

of May 29, 2009 (hereafter, the sum of contributions of $300.00 or less).


1. The Proposed Conclusions of Law contained in Counts One through Three of this Complaint

are repeated and incorporated herein as if set forth in full below.








Treasurer Garcia-Keim were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2 and 19:25-

10.3, to certify as correct and file with the Commission on June 1, 2009, a 20-day postelection report for

the 2009 municipal election, and to report the sum of contributions of $300.00 or less, received during the

20-day postelection reporting period for the 2009 municipal election.


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Treasurer Garcia-Keim violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-10.3 by failing to certify as

correct and file on June 1, 2009, the 20-day postelection report for the 2009 municipal election, and to

report timely the amount of $7849.00, received in the sum of contributions of $300.00 or less, in the

aggregate, during the 20-day postelection reporting period. The Respondent Candidates, Respondent

Treasurer Lombard and Respondent de facto Treasurer Keim reported the amount of $7849.00 as the sum

of contributions of $300.00 or less on September 17, 2009, 108 days after the June 1, 2009 due date for

the 20-day preelection report for the 2009 municipal election.



N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et seq., which penalties may not be more than $6800.00,

that is for each contribution received which has not been reported in the manner or in the time prescribed

by the Act or Commission regulations.

COUNT FIVE


1. The Proposed Findings of Fact contained in Counts One through Four of this Complaint are



Treasurer Garcia-Keim reported on September 17, 2009, on the 20-day postelection report for the 2009

municipal election, expenditure information for 197 expenditures totaling $355,548.38, as follows:

a. for the first time on Schedule 1(D), Disbursements, 192 expenditures totaling

$151,711.79, made, authorized or incurred during the 20-day postelection reporting period for the

2009 municipal election;


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b. for the first time on Schedule E, Outstanding Obligations, one expenditure in the

amount of $100,000.00, made, authorized or incurred during the 20-day postelection reporting

period for the 2009 municipal election; and

c. on Schedule E, Outstanding Obligations, four expenditures totaling $103,836.59, made,

authorized or incurred during the 20-day postelection reporting period for the 2009 municipal

election, as described in paragraph two of the Proposed Findings of Fact contained in Count

Three, above.


1. The Proposed Conclusions of Law contained in Counts One through Four of this Complaint









Treasurer Garcia-Keim were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2, 19:25-

10.13 and 19:25-12.2, to certify as correct and file with the Commission on June 1, 2009, on the 20-day

postelection report for the 2009 municipal election, all expenditure information, including the date the

expenditure was made, the full name and address of the payee, the purpose of the expenditure, the amount

of the expenditure, and the number of the check for each expenditure transaction made, incurred or

authorized during the 20-day postelection reporting period for the 2009 municipal election.


Treasurer Garcia-Keim violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.2, 19:25-10.13 and 19:25-12.2


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by failing to certify as correct and file with the Commission on June 1, 2009, the 20-day postelection

report for the 2009 municipal election, and to report timely expenditure information relevant to 193

expenditures totaling $251,711.79, described in paragraph two (items a and b) of the Proposed Findings

of Fact in this Count, above. The Respondent Candidates, Respondent Treasurer Lombard and

Respondent de facto Treasurer Garcia-Keim reported expenditure information relevant to the 193

expenditures totaling $251,711.79 on September 17, 2009, 108 days after the June 1, 2009 due date for

the 20-day postelection report for the 2009 municipal election.


Treasurer Garcia-Keim are subject to imposition by the Commission of the penalties prescribed by


each reporting transaction, that is for each expenditure which has not been reported in the manner or in


COUNT SIX


1. The Proposed Findings of Fact contained in Counts One through Five of this Complaint are


2. The Respondent de facto Treasurer Garcia-Keim is a person who acted in the capacity of

campaign treasurer and undertook activities including the certification of reports relevant to the financial

activity of the Respondent Candidates for the time period beginning July 1, 2009 through September 30,

2009 (hereafter, the 2009 third quarterly reporting period for the 2009 municipal election), and receiving

and depositing contributions into the campaign depository account.

3. The Respondent Richard G. Mason is a person who acted in the capacity of campaign

treasurer and undertook activities including the certification of reports relevant to the financial activity of

the Respondent Candidates during the 2009 third quarterly reporting period for the 2009 municipal


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election, and receiving and depositing contributions into the campaign depository account. Hereafter in

this Complaint Richard G. Mason shall be referred to as the Respondent de facto Treasurer Mason.

4. The Respondent Candidates, Respondent de facto Treasurer Garcia-Keim and Respondent de

facto Treasurer Mason certified as correct and filed with the Commission on May 26, 2013, a Receipts

and Expenditures Quarterly Report (Form R-3) as the 2009 third quarterly report for the 2009

municipal election, disclosing for the first time financial activity for the 2009 third quarterly

reporting period for the 2009 municipal election.


facto Treasurer Mason reported for the first time on May 26, 2013, on Schedule A, Monetary

Contributions in Excess of $300, of the 2009 third quarterly report for the 2009 municipal election,

contribution information for the contributor of one contribution in the amount of $4600.00, received in

excess of $300.00, individually or in the aggregate from one source, during the 2009 third quarterly

reporting period for the 2009 municipal election. Contribution information relevant to the one

contribution is identified in Item 1, Columns B through F of Exhibit D. Exhibit D is attached hereto and

hereby incorporated into this Complaint.


1. The Proposed Conclusions of Law contained in Counts One through Five of this Complaint





3. The Respondent de facto Treasurer, Richard G. Mason, was at all times relevant to this

Count, the Respondent Candidates de facto campaign treasurer in the 2009 municipal election held on

May 12, 2009, and was therefore subject to the requirements of the Act and Commission Regulations.


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facto Treasurer Mason were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.3, to certify

as correct and file with the Commission on October 15, 2009, a Report of Contributions and Expenditures

(Form R-1) as a 2009 third quarterly report for the 2009 municipal election, to report all contributions

received and expenditures made for the 2009 municipal election, for the period of time July 1, 2009

through September 30, 2009 (hereafter, the 2009 third quarterly reporting period for the 2009 municipal

election).

5. For each contribution in excess of $300.00, individually or when aggregated with prior

contributions from one source, received during the 2009 municipal election through October 15, 2009, the

Respondent Candidates, Respondent de facto Treasurer Garcia-Keim and Respondent de facto Treasurer

Mason were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-10.2 and 19:25-10.15, to report

the date of receipt and the amount of the contribution, and the name and address of the contributor. Where

the contributor was an individual, the Respondent Candidates, Respondent de facto Treasurer Garcia-

Keim and Respondent de facto Treasurer Mason were also required, pursuant to N.J.A.C. 19:25-10.2A, to

disclose the individuals occupation, as well as the name and mailing address of the contributors

employer.


facto Treasurer Mason violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.3 by failing to certify as correct

and file on October 15, 2009, the 2009 third quarterly report for the 2009 municipal election. The


Mason certified as correct and filed with the Commission on May 26, 2010, a Form R-1 as the 2009 third

quarterly report for the 2009 municipal election, 222 days after the October 15, 2009 due date.


facto Treasurer Mason violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.3, 19:25-10.2, 19:25-10.2A and

19:25-10.15 by failing to report on October 15, 2009, on the 2009 third quarterly report for the 2009


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municipal election, contribution information for the receipt of one contribution in excess of $300.00, in

the amount of $4600.00, described in paragraph five of the Proposed Findings of Fact in this Count,

above. The Respondent Candidates, Respondent de facto Treasurer Garcia-Keim and Respondent de facto

Treasurer Mason reported contribution information relevant to the one contribution totaling $4600.00 on

May 26, 2010, 222 days after the October 15, 2009 due date for the 2009 third quarterly report for the

2009 municipal election.


facto Treasurer Mason are each subject to imposition by the Commission of the penalties prescribed by


each reporting transaction, that is for each contribution received which has not been reported in the

manner or in the time prescribed by the Act or Commission regulations.

COUNT SEVEN


1. The Proposed Findings of Fact contained in Counts One through Six of this Complaint are



facto Treasurer Mason reported for the first time on May 26, 2010, on Schedule C, Loans Received, of

the 2009 third quarterly report for the 2009 municipal election, contributor information relevant to three

loans from one contributor, totaling $90,000.00, received during the 2009 third quarterly reporting period

for the 2009 municipal election. Contribution information relevant to the three loans is identified in Items

1-3, Columns B through G of Exhibit E. Exhibit E is attached hereto and hereby incorporated into this

Complaint.


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1. The Proposed Conclusions of Law contained in Counts One through Six in this Complaint are









facto Treasurer Mason were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.3 and 19:25-

10.13, to certify as correct and file with the Commission on October 15, 2009, a Form R-1 as the 2009

third quarterly report for the 2009 municipal election, and to report all contribution information, including

the date of receipt and amount of any loans received, and the name and mailing address of the lender.

Where the lender was an individual and for all currency contributions, the Respondent Candidates,

Respondent de facto Treasurer Garcia-Keim and Respondent de facto Treasurer Mason were also required

to disclose the individuals occupation, as well as the name and mailing address of the lenders employer.


facto Treasurer Mason violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.3 and 19:25-10.13 by failing to

certify as correct and file on October 15, 2009, the 2009 third quarterly report for the 2009 municipal

election, and to report timely contribution information for the receipt of three loans from one contributor,

totaling $90,000.00, described in paragraph two of the Proposed Findings of Fact in this Count, above.

The Respondent Candidates, Respondent de facto Treasurer Garcia-Keim and Respondent de facto

Treasurer Mason reported contribution information relevant to the three loans totaling $90,000.00 on May


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26, 2010, 222 days after the October 15, 2009 due date for the 2009 third quarterly report for the 2009

municipal election.






COUNT EIGHT


1. The Proposed Findings of Fact contained in Counts One through Seven of this Complaint are



facto Treasurer Mason reported for the first time on May 26, 2010, on Line 1 of Table I. Receipts, of

the 2009 third quarterly report for the 2009 municipal election, receipt of an amount of $450.00 from

contributors, each of whose contributions to the Respondent Candidates during the 2009 third quarterly

reporting period for the 2009 municipal election did not exceed $300.00, in the aggregate, as of October

12, 2009 (hereafter, the sum of contributions of $300.00 or less).


1. The Proposed Conclusions of Law contained in Counts One through Seven of this Complaint






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10.3, to certify as correct and file with the Commission on October 15, 2009, a 2009 third quarterly report

for the 2009 municipal election, and to report the sum of contributions of $300.00 or less, received during

the 2009 third quarterly reporting period for the 2009 municipal election.


facto Treasurer Mason violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-10.3 by failing to certify as

correct and file on October 15, 2009, the 2009 third quarterly report for the 2009 municipal election, and

to report timely the amount of $450.00, received in the sum of contributions of $300.00 or less, in the

aggregate, during the 2009 third quarterly reporting period. The Respondent Candidates, Respondent de

facto Treasurer Garcia-Keim and Respondent de facto Treasurer Mason reported the amount of $450.00

as the sum of contributions of $300.00 or less on May 26, 2010, 222 days after the October 15, 2009 due

date for the 2009 third quarterly report for the 2009 municipal election.



N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et seq., which penalties may not be more than $6800.00,

that is for each contribution received which has not been reported in the manner or in the time prescribed

by the Act or Commission regulations.


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COUNT NINE


1. The Proposed Findings of Fact contained in Counts One through Eight of this Complaint are



facto Treasurer Mason reported on May 26, 2010, on the 2009 third quarterly report for the 2009

municipal election, expenditure information for fifty-one expenditures totaling $399,771.18, as follows:

a. for the first time on Schedule 1(D), Disbursements, forty-four expenditures totaling

$108,571.18, made, authorized or incurred during the 2009 third quarterly reporting period for the


b. on Schedule E, Outstanding Obligations, three expenditures totaling $90,000.00, made,

authorized or incurred during the 2009 third quarterly reporting period for the 2009 municipal


Seven, above.

c. on Schedule E, Outstanding Obligations, four expenditures totaling $201,200.00, made,

authorized or incurred during the 2009 20-day postelection reporting period for the 2009

municipal election.


1. The Proposed Conclusions of Law contained in Counts One through Eight of this Complaint








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facto Treasurer Mason were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.3, 19:25-

10.13 and 19:25-12.2, to certify as correct and file with the Commission on October 15, 2009, on the

2009 third quarterly report for the 2009 municipal election, all expenditure information, including the date

the expenditure was made, the full name and address of the payee, the purpose of the expenditure, the

amount of the expenditure, and the number of the check for each expenditure transaction made, incurred

or authorized during the 2009 third quarterly reporting period for the 2009 municipal election.


facto Treasurer Mason violated N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.3, 19:25-10.13 and 19:25-12.2

by failing to certify as correct and file with the Commission on October 15, 2009, the 2009 third quarterly

report for the 2009 municipal election, and to report timely expenditure information relevant to forty-four

expenditures totaling $108,571.18, described in paragraph two (item a) of the Proposed Findings of Fact

in this Count, above. The Respondent Candidates, Respondent de facto Treasurer Garcia-Keim and

Respondent de facto Treasurer Mason reported expenditure information relevant to the forty-four

expenditures totaling $108,571.18 on May 26, 2010, 222 days after the October 15, 2009 due date for the

2009 third quarterly report for the 2009 municipal election.







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COUNT TEN


1. The Proposed Findings of Fact contained in Counts One through Nine of this Complaint are



facto Treasurer Mason certified as correct and filed with the Commission on May 18, 2010, a Report of

Contributions and Expenditures (Form R-1) as the 2009 fourth quarterly report for the 2009 municipal

election, disclosing financial activity relevant to the 2009 municipal election, for the period of time

beginning October 1, 2009 though December 31, 2009 (hereafter, the 2009 fourth quarterly reporting

period for the 2009 municipal election).



the 2009 fourth quarterly report for the 2009 municipal election, contributor information relevant to one

loan in the amount of $20,000.00, received during the 2009 fourth quarterly reporting period for the 2009

municipal election. Contribution information relevant to the one loan is identified in Item 1, Columns B

through G of Exhibit F. Exhibit F is attached hereto and hereby incorporated into this Complaint.


1. The Proposed Conclusions of Law contained in Counts One through Nine in this Complaint









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as correct and file with the Commission on January 15, 2010, a Report of Contributions and Expenditures

(Form R-1) as a 2009 fourth quarterly report for the 2009 municipal election, to report all contributions

received and expenditures made for the 2009 municipal election, for the period of time beginning October

1, 2009 through December 31, 2009 (hereafter, the 2009 fourth quarterly reporting period for the 2009

municipal election).


facto Treasurer Mason were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.3, 19:25-10.2

and 19:25-10.4 to certify as correct and report on January 15, 2010, on the 2009 fourth quarterly report

for the 2009 municipal election, all contributions received during the 2009 fourth quarterly reporting

period, including all moneys, loans, paid personal services, or other things of value, including

contributions of goods and services (in-kind contributions), contributed to the Respondent Candidates

during the 2009 fourth quarterly reporting period for the 2009 municipal election.



10.13, to certify as correct and file with the Commission on January 15, 2010, a 2009 fourth quarterly

report for the 2009 municipal election, and to report all contribution information, including the date of

receipt and amount of any loans received, and the name and mailing address of the lender. Where the

lender was an individual and for all currency contributions, the Respondent Candidates, Respondent de

facto Treasurer Garcia-Keim and Respondent de facto Treasurer Mason were also required to disclose the

individuals occupation, as well as the name and mailing address of the lenders employer.



certify as correct and file on January 15, 2010, the 2009 fourth quarterly report for the 2009 municipal


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election, and to report timely contribution information for the receipt of one loan in the amount of

$20,000.00, described in paragraph three of the Proposed Findings of Fact in this Count, above. The


Mason reported contribution information relevant to the one loan in the amount of $20,000.00 on May 18,

2010, 123 days after the January 15, 2010 due date for the 2009 fourth quarterly report for the 2009

municipal election.






COUNT ELEVEN


1. The Proposed Findings of Fact contained in Counts One through Ten of this Complaint are



facto Treasurer Mason reported on May 18, 2010, on the 2009 fourth quarterly report for the 2009

municipal election, expenditure information for thirteen expenditures totaling $328,712.00, as follows:

a. for the first time on Schedule 1(D), Disbursements, five expenditures totaling

$17,512.00, made, authorized or incurred during the 2009 fourth quarterly reporting period for

the 2009 municipal election;

b. on Schedule E, Outstanding Obligations, one expenditure in the amount of $20,000.00,

made, authorized or incurred during the 2009 fourth quarterly reporting period for the 2009


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municipal election, as described in paragraph two of the Proposed Findings of Fact contained in

Count Ten, above;

c. on Schedule E, Outstanding Obligations, three expenditures totaling $90,000.00, made,


election, as described in paragraph two (item b) of the Proposed Findings of Fact contained in

Count Nine, above; and

d. on Schedule E, Outstanding Obligations, four expenditures totaling $201,200.00, made,

authorized or incurred during the 20-day postelection reporting period for the 2009 municipal

election.


1. The Proposed Conclusions of Law contained in Counts One through Ten of this Complaint










10.13 and 19:25-12.2, to certify as correct and file with the Commission on January 15, 2010, on the 2009

fourth quarterly report for the 2009 municipal election, all expenditure information, including the date the



authorized during the 2009 fourth quarterly reporting period for the 2009 municipal election.


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by failing to certify as correct and file with the Commission on January 15, 2010, the 2009 fourth

quarterly report for the 2009 municipal election, and to report timely expenditure information relevant to

five expenditures totaling $17,512.00, described in paragraph two (item a) of the Proposed Findings of

Fact in this Count, above. The Respondent Candidates, Respondent de facto Treasurer Garcia-Keim and

Respondent de facto Treasurer Mason reported expenditure information relevant to the five expenditures

totaling $17,512.00 on May 18, 2010, 123 days after the January 15, 2010 due date for the 2009 fourth

quarterly report for the 2009 municipal election.






COUNT TWELVE


1. The Proposed Findings of Fact contained in Counts One through Eleven of this Complaint are



facto Treasurer Mason certified as correct and filed with the Commission on May 26, 2010, a Report of

Contributions and Expenditures (Form R-1) as the 2010 first quarterly report for the 2009 municipal

election, disclosing financial activity relevant to the 2009 municipal election, for the period of time

beginning January 1, 2010 through March 31, 2010 (hereafter, the 2010 first quarterly reporting period for

the 2009 municipal election).


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the 2010 first quarterly report for the 2009 municipal election, contributor information relevant to one

loan in the amount of $25,500.00, received during the 2010 first quarterly reporting period for the 2009

municipal election. Contribution information relevant to the one loan is identified in Item 1, Columns B

through G of Exhibit G. Exhibit G is attached hereto and hereby incorporated into this Complaint.


1. The Proposed Conclusions of Law contained in Counts One through Eleven in this Complaint







May 12, 2009, and was therefore subject to the requirements of the Act and Commission Regulations



as correct and file with the Commission on April 15, 2010, a Report of Contributions and Expenditures

(Form R-1) as a 2010 first quarterly report for the 2009 municipal election, to report all contributions

received and expenditures made for the 2009 municipal election, for the period of time beginning January

1, 2010 though March 31, 2010 (hereafter, the 2010 first quarterly reporting period for the 2009

municipal election).


facto Treasurer Mason were required, pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:25-8.3, 19:25-10.2

and 19:25-10.4 to certify as correct and report on April 15, 2010, on the 2010 first quarterly report for the


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2009 municipal election, all contributions received during the 2010 first quarterly reporting period,

including all moneys, loans, paid personal services, or other things of value, including contributions of

goods and services (in-kind contributions), contributed to the Respondent Candidates during the 2010

first quarterly reporting period for the 2009 municipal election.



10.13, to certify as correct and file with the Commission on April 15, 2010, a 2010 first quarterly report

for the 2009 municipal election, and to report all contribution information, including the date of receipt

and amount of any loans received, and the name and mailing address of the lender. Where the lender was

an individual and for all currency contributions, the Respondent Candidates, Respondent de facto

Treasurer Garcia-Keim and Respondent de facto Treasurer Mason were also required to disclose the

individuals occupation, as well as the name and mailing address of the lenders employer.



certify as correct and file on April 15, 2010, the 2010 first quarterly report for the 2009 municipal

election, and to report timely contribution information for the receipt of one loan in the amount of

$25,500.00, described in paragraph three of the Proposed Findings of Fact in this Count, above. The


Mason reported contribution information relevant to the one loan in the amount of $25,500.00 on May 26,

2010, forty-one days after the April 15, 2010 due date for the 2010 first quarterly report for the 2009

municipal election.





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COUNT THIRTEEN


1. The Proposed Findings of Fact contained in Counts One through Twelve are repeated and

incorporated herein as if set forth in full below.


facto Treasurer Mason reported on May 26, 2010, on the 2010 first quarterly report for the 2009

municipal election, expenditure information for twenty-two expenditures totaling $366,714.41, as

follows:

a. for the first time on Schedule 1(D), Disbursements, thirteen expenditures totaling

$30,014.41, made, authorized or incurred during the 2010 first quarterly reporting period for the


b. on Schedule E, Outstanding Obligations, one expenditure in the amount of $25,500.00,

made, authorized or incurred during the 2010 first quarterly reporting period for the 2009

municipal election;

c. on Schedule E, Outstanding Obligations, three expenditures totaling $90,000.00, made,



Seven, above.

d. on Schedule E, Outstanding Obligations, four expenditures totaling $201,200.00, made,

authorized or incurred during the 2009 20-day postelection reporting period for the 2009

municipal election, as described in paragraph two (items b and c) of the Proposed Findings of

Fact contained in Count Five, above.


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1. The Proposed Conclusions of Law contained in Counts One through Thirteen of this

Complaint are repeated and incorporated herein as if set forth in full below.









10.13 and 19:25-12.2, to certify as correct and file with the Commission on April 15, 2010, on the 2010

first quarterly report for the 2009 municipal election, all expenditure information, including the date the



authorized during the 2010 first quarterly reporting period for the 2009 municipal election.



by failing to certify as correct and file with the Commission on April 15, 2010, the 2010 first quarterly

report for the 2009 municipal election, and to report timely expenditure information relevant to thirteen

expenditures totaling $30,014.41, described in paragraph two (item a) of the Proposed Findings of Fact in

this Count, above. The Respondent Candidates, Respondent de facto Treasurer Garcia-Keim and

Respondent de facto Treasurer Mason reported expenditure information relevant to the thirteen

expenditures totaling $30,014.41 on May 26, 2010, forty-one days after the April 15, 2010 due date for

the 2010 first quarterly report for the 2009 municipal election.


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OPPORTUNITY FOR HEARING:

The Respondents and all parties shall have the opportunity to appear personally or by attorney at a

hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and to present evidence

and argument on all relevant issues. All parties shall have the opportunity to examine and cross-examine

witnesses. However, failure of the Respondents to file with the Commission a written answer within twenty

(20) days after service of this Complaint shall constitute a default and thereupon the Commission may enter a

Final Decision, including a penalty.

NEW JERSEY ELECTION LAWENFORCEMENT COMMISSION

BY: ________________________CAROL L. HOEKJELegal Director

DATE: February 26, 2014

Elizabeth Mason, CandidateCERTIFIED MAIL NO. 7009 3410 0001 8443 4862RETURN RECEIPT REQUESTED

Raul Morales, Candidate

CERTIFIED MAIL NO. 7009 3410 0001 8443 4879RETURN RECEIPT REQUESTED

Anthony Pasquale, CandidateCERTIFIED MAIL NO. 7009 3410 0001 8443 4886RETURN RECEIPT REQUESTED

Vincent Addeo, CandidateCERTIFIED MAIL NO. 7009 3410 0001 8443 4893RETURN RECEIPT REQUESTED

Edward M. Lombard, Campaign TreasurerCERTIFIED MAIL NO. 7009 3410 0001 8443 4909

RETURN RECEIPT REQUESTED

Ines Garcia-Keim, de facto Campaign TreasurerCERTIFIED MAIL NO. 7009 3410 0001 8443 4916RETURN RECEIPT REQUESTED

Richard G. Mason, de facto Campaign TreasurerCERTIFIED MAIL NO. 7009 3410 0001 8443 4923RETURN RECEIPT REQUESTED


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Exhibit A

Count Two

(A)Item No.

(B)Date

(C)Contributor

Name

(D)Contribution

Amount

(E)Occupation

(F)Employer Name and

Address

1. 5-07-09 Niall J. Murray $2500.00FinancialAdvisor

Rocabill Advisors60 E. 42nd St., Suite 1822

New York, NJ 10162

2.5-08-09 Matthew

Epstein$1000.00

Attorney

3. 5-08-09

Randall W.

Brummette $2600.00 Analyst

Natixis Capital Markets9 West 57th St.

New York, NY 10019

4. 5-08-09 Craig Zaveck $500.00Self-

Employed

64 West 11th LLC333 River St.

Hoboken, NJ 07030

5. 5-08-09Edward A.

Zahos $1000.00 Attorney

Edward Zahos1220 Hudson St.

Hoboken, NJ 07030

6. 5-08-09Justin M.Silverman $500.00 Realtor

R. De Ruggiero Real Estate210 33rd. St.

Union City, NJ 07087

TOTAL: $8100.00

Exhibit B

Count Two

(A)Item No.

(B)Date

(C)Contributor

Name

(D)Contribution

Amount

(E)Descriptionof In-kind

Contributions

(F)Occupation

(G)Employer Name

and Address

1. 5-04-09Sara

Stojkovic $2600.00CampaignExpenses Mom

TOTAL: $2600.00


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Exhibit C

Count Three

(A)Item No.

(B)Date

(C)Contributor

Name

(D)Contribution

Amount

(E)Aggregate

Amount

(F)Occupation

(G)Employer Name and

Address

1. 5-01-09ElizabethMason $50,000.00 $150,000.00

ManagementConsultant

Elizabeth Mason921 Hudson StreetHoboken, NJ 07030

2. 5-07-09ElizabethMason $1200.00 $151,200.00



3. 5-11-09ElizabethMason $50,000.00 $201,200.00



4. Sara Stojkovic $2636.59 $2636.59 Mom

TOTAL: $103,836.59

Exhibit D

Count Six

(A)Item No.

(B)Date

(C)Contributor

Name

(D)Contribution

Amount

(E)Occupation

(F)

Employer Name and Address

1. 6/10/2009Edwin N.Ordway $4600.00

FinancialConsultant

Capstone Advisory Group, LLCPark 80 West PL 1

Saddle Brook, NJ 07663

TOTAL: $4600.00


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Exhibit E

Count Seven

(A)Item No.

(B)Date

(C)Contributor

Name

(D)Contribution

Amount

(E)Aggregate

Amount

(F)Occupation


Address

1. 6/09/2009Elizabeth

Mason $50,000.00 $336,700.00ManagementConsultant








TOTAL: $90,000.00

Exhibit F

Count Ten

(A)Item No.

(B)Date

(C)Contributor

Name

(D)Contribution

Amount

(E)Aggregate

Amount

(F)Occupation


Address



Elizabeth Mason

921 Hudson StreetHoboken, NJ 07030

TOTAL: $20,000.00

Exhibit G

Count Twelve

(A)Item No.

(B)Date

(C)Contributor

Name

(D)Contribution

Amount

(E)Aggregate

Amount

(F)Occupation


Address




TOTAL: $20,000.00

beth mason elec complaint #1

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