Over the years since its launch, alot of factors have contributed to Kraken as a trading destination of choice for a variety of cryptocurrency market participants. Kraken explained that the risk warning contained the word cryptocurrency and the next screen clearly referred to Bitcoin and Crypto. The SEC has got tough on the crypto world latelyespecially exchanges: Just last month it. Kraken is a cryptocurrency exchange based in San Francisco that was founded in 2011. environment. Kraken said they were also not aware of this being mentioned in any official and applicable guidance at the time the ad was live, nor was including tax information about investments, whether cryptocurrency or otherwise, typical market practice. It allows customers to buy and sell cryptocurrencies like Bitcoin, Ethereum, and Dogecoin. The claimants appointed an expert who traced the claimants' cryptocurrency to accounts held by Binance Holdings and Payward Ltd (Payward), a subsidiary of Kraken Exchange (the Cryptocurrency Exchanges). the fraud was held by Mirriam Corp LP ("Mirriam Corp"), a properly to be regarded as property in English law. induced by unknown persons to invest significant sums in what they While it is not uncommon to see even established stock exchanges get hit by temporary snags, the decentralized and anonymous nature of cryptocurrenciesmakes trading them very challenging. The SEC has got tough on the crypto world latelyespecially exchanges: Just last month it hit Genesis and Gemini with charges for offering unregistered securities. On that point, the ad breached CAP Code (Edition 12) rules 1.3 (Social responsibility), and 14.1 (Financial products). The claimants successfully applied for a proprietary injunction, Previous authority in AA v Persons Unknown was reluctant to do the same. The High Court has granted the first third-party debt order in The English High Court has handed down judgment in another case concerning trades on a cryptocurrency exchange. due by To print this article, all you need is to be registered or login on Mondaq.com. According to the Kraken Website, new listings are selected based on the qualifications of the project. due by 11 July 2023, 64999 - Financial intermediation not elsewhere classified, Companies House does not verify the accuracy of the information filed. They said this was an overwhelming majority and evidence that consumers were aware that cryptocurrency did not have the protections that came with some other investments. "[30] In late September 2021, Kraken was ordered to pay a fine of $1.25 million to the Commodity Futures Trading Commission for offering unregistered margin trading. The claimants sought to recover the misappropriated sums, which Project developers and team leaders can propose a listing by emailing the details of their project to the exchange. Payward Inc - Company Profile and News - Bloomberg Markets Bloomberg Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers. TradeHill Exchange, also known as TradeHill, was a cryptocurrency exchange that was active from 2011 to 2013. In the context of crypto fraud, a key issue raised by the Master Lumen is the digital currency of the Stellar Lumens network and is used, among other things, for cross-border transactions. However, the risk warning only ran for one second at the beginning of a 20-second ad and we considered it presented the consumer with a large amount of information that would not be fully read or understood even if it was seen at all. The crypto exchange Kraken in a blog post said, Starting today, Kraken will automatically unstake all US client assets enrolled in the on-chain staking program. According to former CEO Jesse Powell, the exchange had about 6 million clients worldwide as of 2021. The claims were based in The disclosure order led to Payward Ltd disclosing that Mirriam Corp LP was the holder of the now-frozen account that had been used to carry out the fraud. would recognise payment pursuant to an English court order as Getting associated with the leading market data provider helped Kraken gain popularity among the tradercommunity. Also significant in this context are recent comments made by the This decision is the latest in a series of significant rulings The ruling in this application follows an earlier interim order in To serve clients in Canada, Kraken maintains registration as a Money Services Business with FINTRAC ('Payward Canada, Inc.', MSB Registration No. You can change your cookie settings at any time. Typically, it is only made against a legal entity within the UK (although there is an exception). [10] In June 2015, Kraken opened the first dark pool for bitcoins. the vanguard of blockchain and crypto technologies. Third Party Debt Orders and Cryptocurrency Rahman Ravelli United Kingdom February 25 2022 In Ion Science Ltd and Duncan Johns v Persons Unknown, Binance Holdings Limited, Payward Limited and. Gox", "New dark pool addreses [sic] this major headache for Bitcoin traders", "Bitcoin exchange for Wall Streeters to close New York operations as part of deal with Kraken", "Kraken has acquired Dutch Bitcoin exchange CleverCoin", "Chicago bitcoin startup Glidera acquired by San Francisco digital currency exchange", "Crypto exchange Kraken acquires trading platform as bitcoin soars", "Bitcoin exchange Coinbase reportedly made more than $1.25 billion in revenues last year", "Cryptocurrency Exchange Kraken Pulls Out of Japan", "Kraken Raises $100 Million, Acquires London Futures Firm", "Cryptocurrency exchange Kraken raises $13.5M in BnkToTheFuture campaign", "Crypto Platform Kraken Adds Tribe Capital's Sethi to Its Board", "Coinbase rival Kraken launches mobile app in U.S. to capitalize on crypto surge", "Crypto Agitator Jesse Powell Steps Down as CEO of Kraken", "Crypto Exchange Kraken Launches 'Gasless' NFT Marketplace", "Crypto exchange Kraken shuts Abu Dhabi office", "Crypto exchange Kraken to shutter its Japan operations after global layoffs", "Kraken cryptocurrency exchange says it will not comply with New York inquiry", "New York Attorney General Warns That Kraken Cryptocurrency Exchange Could Be Violating Regulations", "Crypto exchanges are ripe for manipulation and aren't doing much to stop it, New York AG says", "Crypto exchange Kraken settles U.S. investigation over alleged Iran sanctions violations", "Bitcoin Exchange Kraken to Pay $1.25M to Settle CFTC Charges", "Every employee's worst nightmare, getting outed on Glassdoor, could become a reality", "Crypto-upstart subpoenas Glassdoor to unmask ex-staff believed to be behind negative reviews. There is no decided case in relation to the lex situs for a cryptoasset. This software probably has some errors in it, so use it at your own risk. from the English courts in relation to the status of cryptoassets. Cryptocurrency market predictions are speculative and any investment made shall be at the sole cost and risk of the readers. As a tax litigation attorney, I can unequivocally say to everyone reading this article who has an account at Kraken or crypto somewhere else that is unreported: your path to putting any mistakes behind you will be much easier if you talk to an attorney about the best way come forward now. On Sept. 16, 2020, the Wyoming State Banking Board approved the application by U.S.-based cryptocurrency exchange Payward Inc. for a special purpose depository institution (SPDI) charter. . [3] The company has been the subject of several regulatory investigations since 2018, and has agreed to cumulative fines of over $30 million to resolve the disputes. Master of the Rolls, Sir Geoffrey Vos, in a speech on 24 February, 2022, The facts of this case were deemed appropriate for there to be a Bankers Trust order in respect of the two exchanges outside the jurisdiction. Along with . [15] By December 2017, Kraken claimed to be registering up to 50,000 new users a day. ", New York Times. To begin the process of seeking to recover the, sums invested, the applicants sought various forms of relief. Send money on mobile app or online anytime from anywhere. 3.9, 6th Floor that are in the hands of a third party (formerly known as garnishee subsidiary of the Kraken Exchange) ("Payward") informed The case of Chechetkin v Payward Ltd and others [2022] EWHC 3057 (Ch) is a further illustration of the procedural and substantive complexity that can arise from arbitrating disputes in a consumer context. Its Bitcoin trading platform first officially launched in 2013 and has now gathered more than 4 million users across 176 countries. disclosure orders pursuant to the Bankers Trust jurisdiction and/or guide to the subject matter. This decision has the potential to have a number of downstream impacts on how crypto-assets are managed during the bankruptcy process. Those who hold proof-of-stake assetssuch as Ethereum (ETH), the second biggest cryptocurrencypledge it to the network by sending it to a specific blockchain address and can receive rewards for doing so. We further understood that the same research showed that 31% of crypto owners that saw a cryptocurrency advert were encouraged or led to buy as a result and those wrongly believing they had financial protection were much more likely to have been led/encouraged due to advertising, at 71% compared to the benchmark of 31%. A Unlike IPOs, which are strictly regulated, a general lack of regulation in the crypto field has led to ICOs becoming the vehicle of choice in many fraudulent schemes. were induced by persons unknown to transfer the 577,002 (64.35 Bitcoin) in the belief that they were making investments in real cryptocurrency products. [9] The same year, Kraken was chosen to assist with the investigation of lost bitcoins of Mt. Its staking service allows users to earn up to 24% yearly with some tokens. order was made final. Gox investigations and had approved numerous claims from thousands of creditors of Mt. We need this to enable us to match you with other users from the same organisation. Starling Bank recently announced that they are suspending the deposit of funds to crypto exchanges such as Payward Ltd d/b/a Kraken (www.kraken.com).Banks and fintechs have "observed high levels of illegal activity" related to crypto exchanges. both cryptocurrency and cash. It is the. The ad began with text that stated for one second, "Warning: Cryptocurrency can be a highly volatile asset class. Also Read: Crypto Regulation: Nirmala Sitharaman Urges IMF To Develop Globally Coordinated Approach. The company agreed to a $30 million settlement with the SEC in response to allegations that its crypto-asset staking products broke the regulators rules; Kraken also agreed to cease selling its staking service in the U.S.[4], In May 2019, Kraken filed a motion in California's Marin County Superior Court to identify ten anonymous reviewers on Glassdoor. [3] Among other things, employees were prohibited from labelling others' comments as "toxic, hateful, racist," etc., and particular emphasis was assigned on how "offensiveness" was not forbidden. Headquarters Regions San Francisco Bay Area, West Coast, Western US Founded Date Jul 28, 2011 Founders Jesse Powell Operating Status Active Last Funding Type Secondary Market Also Known As Kraken Bitcoin Exchange, Kraken Ethereum Exchange, Kraken Ripple Exchange, Kraken Litecoin Exchange, Kraken Digital Asset Exchange, Kraken Crypto Exchange The judgement reflects an analysis of Professor Andrew Dickinson, in his book Cryptocurrencies in Public and Private Law, that the lex situs of a cryptoasset is the place where the relevant participant in the Bitcoin system (in this case the person or company who owned the Bitcoin) is domiciled. Payward is a fast and secure service that lets you transfer money online using a computer, smartphone, and soon our app. By using our website you agree to our use of cookies as set out in our Privacy Policy. The Service has made clear for the past several years that it is looking at tax compliance and tax evasion in the cryptocurrency field. SEC Chair Gary Gensler said: Todays action should make clear to the marketplace that staking-as-a-service providers must register and provide full, fair, and truthful disclosure and investor protection.. Welcome to the new reality. Kraken's website says that their staking service would generate a 20 per cent return, while the SEC press release said that it might even be as high as 21 per cent. The disclosure revealed that the account contained Kraken will instead pay rewards out in their non-staked form. Those who hold. The background to the case is described in more detail in our The applicants were induced by persons unknown to transfer the 577,002 (64.35 Bitcoin) in the belief that they were making investments in real cryptocurrency products. ( Image Source : Getty ), This Election Is Not About Narendra Modi, It Is For Karnataka And Its People: Rahul Gandhi In Turuvekere, Monitor Landfill Fires, Increase Green Cover: Delhi CM Kejriwal Launches Summer Action Plan To Curb Air Pollution, Karnataka Polls: Rahul Gandhi Pauses His Speech Upon Hearing Azaan In TumakuruWatch, Kraken To Shut US Crypto Staking-As-A-Service Program, Pay $30 Million SEC Fine, Updated at: Fri, February 10,2023, 1:43 pm (IST), Published at: Fri, Feb 10,2023, 1:43 pm (IST), Cryptocurrency Price Today: Bitcoin Slides Below $22,000 As Market Sees Bloodbath, Crypto Regulation: Nirmala Sitharaman Urges IMF To Develop Globally Coordinated Approach. Dark pools clients are eligible for potentially better prices, as they are allowed to discreetly place large orders that get executed against similar-sized orders offering them price advantage. EC2Y 5EB. We acknowledged the content of the risk warning in the ad and that it stated cryptocurrency was volatile and unregulated. within the jurisdiction (unless the law of the place of the debt In particular, the Financial Ombudsman Service or the Financial Services Compensation Scheme do not apply to the activities carried on by Kraken and you will have no recourse to these services in the event of a complaint. Bloomberg clients were then able to access virtual currency prices, charts, news, and social media posts through appropriateBloomberg services and terminals. Master Cook said he was satisfied that the ", Wired. Low fees on international money transfers - always. It has showed the flexibility that the court is willing to extend to assist victims of fraud involving cryptocurrency and the ever-evolving nature of the legal landscape involving cryptoassets. Staking is the process of locking-up cryptocurrency to keep a blockchains network running. relation to cryptocurrency in an application involving allegations These rewards will not become staked. EFF joins the fray", "CEO of crypto firm Kraken offers severance to 'triggered' employees", "Crypto exchange Kraken lays off 1,100 employees", https://en.wikipedia.org/w/index.php?title=Kraken_(company)&oldid=1151612138, This page was last edited on 25 April 2023, at 03:17. Bloomberg Daybreak Europe, anchored live from London, tracks breaking news in Europe and around the world. Bitcoin is traded in historical record prices touching almost $60000 in the markets. Kraken. For example, holding ETH on Kraken would have generated between 4% and 7% yield on those holdings. 3:21-cv-02201-JCS in the United States District Court for the Northern District of California , DOJ tax maintains that the John Doe summons is needed because it doesnt know who the account holders are, Kraken does know, and there is reason to believe that Kraken account holders may fail, or may have failed, to comply with one or more provisions of the internal revenue laws. In other words, the IRS believes that Kraken account holders have not been accurate reporting and paying taxes on their cryptocurrency, and it is asking the court to order Kraken to turn over their names. Growth during early 2015 was boosted by the launch of several new features that made cryptocurrency trading popular among the masses as well as among the professional traders community. Because we considered that the ad took advantage of consumers inexperience or credulity by suggesting that investing in cryptocurrency was simple and suitable for anyone regardless of personal financial circumstances or understanding of the product, and by not making clear that CGT could be payable on profits from investing, we concluded the ad was irresponsible and breached the Code. Gox Bitcoin Exchange, Kraken Announces Significant Progress In MtGox Claims Investigation, Kraken Bitcoin Exchange Launches Margin Trading, New York Attorney General Warns that Kraken Cryptocurrency Exchange Could be Violating Regulations, OFAC Settles with Virtual Currency Exchange Kraken for $362,158.70 Related to Apparent Violations of the Iranian Transactions and Sanctions Regulations, Kraken CEO Says Crypto Exchange Could Go Public in 12-18 Months. The content of this article is intended to provide a general about your specific circumstances. Gox, which once claimed to be the largest bitcoin exchange, filed for bankruptcy inearly 2014. I recently wrote about Operation Hidden Treasure, an IRS Office of Fraud Enforcement initiative to root out United States cryptocurrency holders who do not correctly report and pay taxes on their cryptocurrency. In November, it agreed to pay the U.S. Treasury Departments Office of Foreign Assets Control $362,158.70 for apparent violations of sanctions against Iran. We acknowledged that the claims Buy 50+ crypto in minutes Get started with as little as 10, Build digital wealth and buy crypto on-the-go and Check real-time prices followed the risk warning, which Kraken believed had made clear the risks of cryptocurrency and the need to consult an independent financial adviser. The case of Chechetkin v Payward Ltd and others [2022 . They did not believe consumers would have concluded that the claims meant that cryptocurrency trading did not require careful thought and consideration. The Electronic Frontier Foundation, which represents the anonymous reviewers, claims that identifying the reviewers would harm their First Amendment free-speech rights and chill the expression of others. In case after case, weve seen the consequences when individuals and businesses tout and offer crypto investments outside of the protections provided by the federal securities laws: investors lack the disclosures they deserve and are harmed when they dont receive them, said Gurbir S. Grewal, Director of the SECs Division of Enforcement. JCDecaux said the ad had not displayed information about potential risks for consumers for a sufficient amount of time. Payward, Inc. Financial Services San Francisco, CA 478 followers Follow View all 31 employees About us Please visit the Kraken company page at: https://www.linkedin.com/company/kraken-exchange. As of 2023, it is the world's third-largest exchange, with a daily trading volume of $333 million. understood to be real cryptocurrency products, and to make A disclosure order pursuant to the Bankers Trust jurisdiction and/or pursuant to CPR 25.1(g) against the second and third respondents. The Advertising Standards Authority Ltd. (trading as ASA), registered in England and Wales, Registered Number 0733214, The Advertising Standards Authority (Broadcast) Ltd. (trading as ASAB), registered in England and Wales, Registered Number 5130991, The Committee of Advertising Practice Ltd. (CAP), registered in England and Wales, Registered Number 8310744, The Broadcast Committee of Advertising Practice Ltd. (BCAP), registered in England and Wales, Registered Number 5126412, All companies listed are registered at: Castle House, 37-45 Paul Street, London, EC2A 4LS [, Online, catch-up TV and radio, in-app and in-game, Newspapers, magazines and printed materials, Financial products and services: Consumer credit, Financial products and services: Short term and payday loans, Financial products and services: Overview. Disclaimer There is no guarantee that this software will work flawlessly at this or later times. The supposed profits made in relation to each of the ICOs, however, has not been returned to the. From Ireland, the New Economy Gateway series brings together regional leaders to discuss, analyze and propose solutions to the global economys most pressing problems. [36], New York State Department of Financial Services, "Inside a Corporate Culture War Stoked by a Crypto C.E.O. Previous authority in, A Bankers Trust order is an order made to a third party (for example, a bank) compelling it to disclose certain information to the applicant. It is owned by Payward Inc. The present decision confirms that cryptoassets may be capable Mirriam Corp failed to respond U.S. Securities and Exchange Commission (@SECGov) February 9, 2023. [24], In February 2023, Kraken shut down its operations in Japan and United Arab Emirates. [12] A month later, Kraken announced the completion of its Series B round of investment led by the SBI Group and acquired Dutch exchange CleverCoin,[13] and Glidera, a cryptocurrency wallet service. You can learn more about the standards we follow in producing accurate, unbiased content in our. U.S. clients will not be able to stake any additional assets, including ETH., Kraken will continue to offer staking services for non-U.S. clients through a separate Kraken subsidiary, it added. In 2019, the Office of Foreign Assets Control investigated Kraken for violating sanctions by transacting with customers based in Iran. Regulators have stepped up pressure following the collapse of the huge digital asset exchange FTX last year. The ad appeared in London Bridge station and was therefore likely to have been seen by a general audience including consumers who did not have financial knowledge and experience of cryptocurrency. Ltd., 8 Tomasello Boulevard, #15-04, Suntec Tower Three, Singapore 038988. The Kraken cryptocurrency exchange was founded in 2011 in San Franciso, United States, and was one of the first cryptocurrency exchanges in the country. According to decrypt.co citing data from CoinGecko, Kraken is the fourth largest crypto exchange by daily volume. "OFAC Settles with Virtual Currency Exchange Kraken for $362,158.70 Related to Apparent Violations of the Iranian Transactions and Sanctions Regulations. Binance is a cryptocurreny exchange that offers additional blockchain-specific services. While we dont know whether the Kraken summons is part of that effort, its a good bet that it is. We use cookies to make our services work and collect analytics information. 1. To accept or reject analytics cookies, turn on JavaScript in your browser settings and reload this page. This is the first time that a court has considered the lex situs (location) of Bitcoin. Investing in cryptocurrencies and other Initial Coin Offerings (ICOs) is highly risky and speculative, and this article is not a recommendation by Investopedia or the writer to invest in cryptocurrencies or other ICOs. All the while, it provided them zero insight into, among other things, its financial condition and whether it even hadthe means of paying the marketed returns in the first place.. served out of the jurisdiction in this context, so as to remove an which emphasised the importance of the UK and its courts being at A We acknowledged Krakens comments that FCA research showed that 96% of the population were aware that cryptocurrency had no financial protection. To begin the process of seeking to recover the alleged misappropriated sums invested, the applicants sought various forms of relief from the court on an urgent ex parte application, for the following: On 22 December 2020, Butcher J granted the applicants application for (inter alia) a worldwide freezing order, a proprietary injunction and a disclosure order against the first respondent, persons unknown, and disclosure orders against Binance Holdings Limited, and Payward Limited. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. As a result, this case is the very first case concerning an ICO fraud to reach the UKs Commercial Court. Kraken will prorate final rewards through February 9. Todays action should make clear to the marketplace that staking-as-a-service providers must register and provide full, fair, and truthful disclosure and investor protection., In case after case, weve seen the consequences when individuals and businesses tout and offer crypto investments outside of the protections provided by the federal securities laws: investors lack the disclosures they deserve and are harmed when they dont receive them, said Gurbir S. Grewal, Director of the SECs Division of Enforcement. For example, holding ETH on Kraken would have generated between 4% and 7% yield on those holdings. [5][3] In September 2013, Kraken was launched, offering Bitcoin, Litecoin, and euro trades initially before going on to add additional currencies and margin trading. "The Inside Story of Mt. enforce their judgment debt. [3] The next day, Kraken released a "culture document" which outlined the libertarian values that were to be obeyed at work. ("Cryptocurrency Exchanges"). AdviceOnline entries provide guidance on interpreting the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing. Kraken said the research went on to show that of those participants who had previously bought cryptocurrency, and either still held them or had sold them, only 12% believed that the product had financial protection. We understood that initial capital invested in Bitcoin and other cryptocurrencies were subject to price fluctuations which could result in both losses and gains in value. Kraken explained that the claims Buy 50+ crypto in minutes Get started with as little as 10 and Build digital wealth and buy crypto on-the-go related to the products functionality, accessibility and usability and appeared after the clear risk warning. difficult to trace unlawfully obtained cryptoassets. Kraken is a United Statesbased cryptocurrency exchange, founded in 2011. The SEC has got tough on the crypto world latelyespecially exchanges: Just last month it hit Genesis and Gemini with charges for offering unregistered securities. The facts of the case where judged to arise out of acts committed or events occurring within the jurisdiction (i.e. Subsequently, as part of the Taxpayer First Act, in 2019, Congress codified the approach taken by the Northern District, amending the John Doe Summons statute to require that any summons be narrowly tailored to identify non-compliance.. The Company offers trading tools, user interface, technical security, and regulatory compliance to traders for digital currencies. Get helpful advice and tips by signing up to our newsletter. Gox Bitcoins Gathers Pace. They said that having included a risk warning, it would be normal marketing activity to promote the product's functionality, accessibility and usability -factors which Kraken believed fairly distinguished them to the benefit of consumers. The John Doe summons that the government is seeking in this case to gather Kraken account holder information is not the first of its kind in the cryptocurrency world. Kraken said the warning also stated consumers should seek advice from an independent financial advisor before purchasing. This showed that 88% of users were aware of the lack of financial protection. [18] In June 2019, Kraken received $13.5 million from 2,263 individual investors via a special-purpose vehicle. It includedlaunching themargin tradingfacility, and thedark poolservices. ", Kraken. According to Colvin, While requests for John Doe summons are ordinarily granted by courts within a day or two of filing, upon review of the complaint, Chief Magistrate Judge Spero obviously believed that the IRS did not take the holding of the Coinbase opinion, the core tenets of which had become part of the controlling statutory language, into account in drafting its proposed summons. [30] In June 2022, Powell urged employees in a work-meeting to reject the usage of preferred gender pronouns; he then opened a Slack channel to debate why people shall be allowed to choose their gender but neither race nor ethnicity. Next accounts made up to 31 December 2022 One London Wall Kraken believed the warning contained sufficient information and was shown at a time where it had engaged the viewers. Two issues were investigated, both of which were Upheld. Cryptocurrency users should make sure they are in compliance with their reporting requirements because the Service is sure to keep its word regarding this area as a top priority for enforcement.. STAY CONNECTED Payward Ltd Background Summary of Council decision: Two issues were investigated, both of which were Upheld. All Rights Reserved. The current CEO is David Ripley, who replaced co-founder Jesse Powell in 2022. Tether (USDT) is a stablecoin, a cryptocurrency pegged to and backed by fiat currencies like the U.S. dollar. The exchange has also fallen under scrutiny by government regulators. The Bitcoin are, or were, in the UK, and so the lex situs is the UK. On that point, the ad breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.9 (Qualification) and 14.4 (Financial products). They did not believe that it was material information and so they saw no clear reason why cryptocurrency ads should be subject to the requirement. The case of Chechetkin v Payward Ltd and others1 [2022] EWHC 3057 (Ch) (Chechetkin) is one of a number of recent judgments handed down by the English Toggle navigation Search Permission to serve out of the jurisdiction and by alternative means.
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