Since his decision, one of the other judges has changed her mind and a third judge has suppressed as well. The request was denied. He cited Mr. Madoffs victims individuals from all walks of life and told the story of the widow who had been reassured by Mr. Madoff. Advertising. A former chairman of the Nasdaq stock market, he attracted a devoted legion of investment clients from Florida retirees to celebrities such as famed film director Steven Spielberg, actor Kevin Bacon and Hall of Fame pitcher Sandy Koufax. Thanks (I guess) for spinning the wheel in my favor! Judge Chin wrote back. But what the SEC never found out was that behind the scenes, in a separate office kept under lock and key, Madoff was secretly spinning a web of phantom wealth by using cash from new investors to pay returns to old ones. The judge ultimately concluded that even that would have been just way too low., In the end, I just thought he didnt deserve it, he said. Madoff's other son, Andrew, died from cancer at age 48. U.S. District Judge Denny Chin called the scope of the fraud "staggering" and gave the 71-year-old financier the maximum sentence allowed, ensuring Madoff would live out his days behind bars. Michael Livermore Weighs In, Podcast: Global Crisis Triggered by Knowledge Economy, Says Paul B. Stephan 77. Judge Chin and his wife Kathy Hirata Chin have written, produced, and presented, together with a team from the Asian American Bar Association of New York, a series of reenactments of historic cases involving Asian American litigants. Chin sentenced Kumar to 2 years of probation. And there we are. Totally a nice guy, understated, unassuming, fell for it lock, stock and barrel. The United States Senate Committee on the Judiciary reported Chin's nomination to the full Senate on December 10, 2009[10] and he was confirmed by a 980 vote on April 22, 2010. The lawyer turned around and made a motion that Chin recuse himself from the case, saying Chin was "too hard on him because he was Asian-American.". Two years later, Judge Chins recollections resurrect all the anger, shock and confusion that surrounded Mr. Madoffs crimes, and provide a rare peek at the excruciating pressure faced by a judge who had to balance the law, the publics emotions and his own deeply held beliefs while meting out a sentence that was just and satisfied the courts need to send a message. Denny Chin, Southern District of New York Court site, "Chin Shares Experiences as Federal District Court Judge, https://en.wikipedia.org/w/index.php?title=Denny_Chin&oldid=1133235341, This page was last edited on 12 January 2023, at 20:46. The company became one of the largest market-makers - matching buyers and sellers of stocks - and Mr Madoff served as chairman of the Nasdaq stock exchange. Madoff was sent to do what amounted to a life sentence at Butner Federal Correctional Complex, about 45 miles northwest of Raleigh, N.C. . At the time of his arrest, fake account statements were telling clients they had holdings worth $60bn. As NPR's Mike Pesca reports, that pain and suffering was evident in the court today. He began his Wall Street career in 1960 alongside his brother Peter with a few thousand dollars saved from working as a lifeguard and installing sprinklers. Mr Madoff,the son of European immigrants who grew up in New York,set up his eponymous firm Bernard L Madoff Investment Securities in 1960. As well as Wiesel, investors in Madoffs company included the actors Kevin Bacon, Kyra Sedgwick and John Malkovich, and the Hollywood director Steven Spielberg. In the 1950s, he engineered and produced classical music albums for Angel Records. For reasons of symbolism, and to further the principles of retribution and deterrence and to keep faith with victims, Bernard Madoff was sentenced to a 150 years in prison. His other son, Andrew, died of cancer in 2014. Extraordinarily evil - that was the judge's description today of the acts of Bernard Madoff. Top McCarthy aide, House Oversight chair each met with Ashli Babbitt's mother There, with his brother and later two sons, he ran a legitimate business as middlemen between the buyers and sellers of stock. But he decided that 150 years would send a loud, decisive message. Imposing a 150-year sentence in 2009, judge Denny Chin called Madoffs crimes extraordinarily evil. Paul B. Stephan 77 Weighs In, A Year of War: Three Experts Weigh In on the Ukraine Invasion So Far, Common Law Explores Why Once-Contentious Natural Gas Pipelines Are Now Rubber-Stamped, Book by Danielle Citron Traces History of Privacy Law, Reforms for Today, How Could Social Cost of Carbon Affect Climate Policy? But in truth no securities were ever bought or sold. The whole goddamn thing is a fraud.'". [21], He was assigned the Google Book Search Settlement Agreement case on January 8, 2009, after the death of the previous supervising judge. Mr. Madoff rose and offered a lengthy apology, saying he felt horrible guilt. He turned to face the victims, and apologized again. Read about our approach to external linking. Weighing victim emails Typing on a computer in chambers, and on a laptop at home, Judge Chin continued preparing a draft of the statement that he would read in court. And Madoff's brother, Peter, who helped run the business, was sentenced to 10 years in prison in 2012, despite claims he was in the dark about his brother's misdeeds. His service as a district court judge was terminated on April 26, 2010, when he was elevated to the United States Court of Appeals for the Second Circuit. Chin assumed senior status on June 1, 2021. In court, Mr Madoff said that when he started the scheme in the 1990s, he hoped it would only be for a limited time. .component--type-recirculation .item:nth-child(5) { (Its season tickets for the New York Mets went for $38,100.) His grandfather and father both worked in Chinese restaurants in New York City, while his mother worked as a seamstress in Chinatown's garment district. The Madoffs also took a severe financial hit: A judge issued a $171 billion forfeiture order in June 2009 stripping Madoff of all his personal property, including real estate, investments, and $80 million in assets his wife, Ruth, had claimed were hers. He has also presided over two sessions of the Southern District of New York's RISE (Reentry through Intensive Supervision and Employment) Court, a program to help individuals with convictions reenter society after completing their prison terms. Colon cancer rates rising in younger age group, study finds ", "I'm terminally ill," he said. He felt that Mr. Madoffs conduct was so egregious, he said, that I should do everything I possibly could to punish him.. As a federal judge in the Southern District of New York, Judge Denny Chin sees some of the most cutting-edge cases in the country, so much so that three of his cases were used as plots for the popular Law and Ordertelevision series. Madoff was sent to do what amounted to a life sentence at Butner Federal Correctional Complex, about 45 miles northwest of Raleigh, North Carolina. C.W. I said, So basically youre splitting the baby? the judge remembered. He also responded to the assertion in Mr. Sorkins letter that the unified tone of the victims statements suggested a desire for a type of mob vengeance that would seemingly negate the judges role. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Chin spent much of his statement utterly dismissing each argument the Madoff team put forth. In another case, Chin tried to offer some off-the-record advice to a young Korean-American lawyer who had turned an attempt to collect on a note into a RICO case. "We will have to sell our home and hope to survive on Social Security alone.". "I cannot adequately express how sorry I am for what I have done," he said in March 2009, when he pleaded guilty. For decades, Madoff enjoyed an image as a self-made financial guru whose Midas touch defied market fluctuations. Garland testifies before Senate panel amid ongoing special counsel probes, Colon cancer rates rising in younger age group, study finds, Firefighter dies battling blaze in downtown Buffalo, mayor says, 20,000 people may have been exposed to measles at Asbury University revival, Prosecution wraps its case at Alex Murdaugh murder trial, Top McCarthy aide, House Oversight chair each met with Ashli Babbitt's mother, What to know about Shigella bacteria as drug-resistant strain spreads, Ex-Georgia star Jalen Carter was racing in deadly crash, arrest warrants allege, Fiery train crash in Greece kills dozens, many of them students, Flying bug found at Walmart turns out to be rare Jurassic-era insect, Pence won't commit to supporting Trump if he's the nominee. Because federal prisoners cannot be released before at least 85 percent of their sentences are served, it seems certain that Madoff will spend the rest of his life in confinement. He said a jury might conclude it was done solely to sensationalize and enhance the entertainment value of the arrest. I would tell the new citizens about my grandfather. Judge Chin is the recipient of the Woodrow Wilson Award from Princeton University, the Spirit of Excellence Award from the American Bar Association, the Edward Weinfeld Award from the New York County Lawyers Association, the Lifetime Achievement Award from Judicial Friends, the Abely Award for Leading Women and Children to Safety from Sanctuary for Families, the Medal of Achievement from the Fordham Law Alumni Association, and the J. Edward Lumbard Award from the U.S. Attorney's Office for the Southern District of New York. The victims who came forward testified that they had suffered financial ruin because of Madoff's fraud. To Judge Chin, Mr. Madoff seemed sad, almost as if he were grieving. The authoritative record of NPRs programming is the audio record. Founded in 1819, the University of Virginia School of Law is the second-oldest continuously operating law school in the nation. Consistently ranked among the top law schools, Virginia is a world-renowned training ground for distinguished lawyers and public servants, instilling in them a commitment to leadership, integrity and community service. As of late 2008, the statements claimed investor accounts totaled $65 billion. In a society governed by the rule of law, he wrote, the message had to be sent that Mr. Madoff would get what he deserves, and would be punished according to his moral culpability.. Michael Schwartz counted himself as lucky, at least compared to his disabled twin brother, whose ability to live in a good group home was destroyed by Bernie Madoff. Mr. Sorkin also proposed another option: 15 to 20 years. The West Coast has a large number of experienced Asian-American litigators, and the East Coast is quickly catching up. NPR transcripts are created on a rush deadline by an NPR contractor. In his ruling, Chin said the network "placed itself squarely in the middle of a police operation, pushing the police to engage in tactics that were unnecessary and unwise, solely to generate more dramatic footage for a television show.". Applause broke out in the New York courtroom when the judge handed down the maximum sentence. From 1994 until his appointment to the Second Circuit, he served as a United States District Judge for the Southern District of New York. [17], Chin also presided over the criminal prosecution of Larry Stewart, the handwriting expert who was accused of committing perjury during the trial of Martha Stewart (no relation). Judges are advised to give the toughest sentences to those who have stolen up to $400 million. He clerked for the Honorable Henry F. Werker in the Southern District of New York; was associated with the law firm Davis Polk & Wardwell; served as an Assistant United States Attorney for the Southern District of New York; was a founding partner of the law firm Campbell, Patrick & Chin; and was a partner at a firm specializing in labor and employment law, Vladeck, Waldman & Engelhard, P.C. As Judge Chin listened from the bench, nine of Mr. Madoffs victims described the devastation he had caused in their lives. This material may not be published, broadcast, rewritten, or redistributed. display: none; A court-appointed trustee recovered more than $13bn of an estimated $17.5bn that investors put into Madoffs business. Judge Denny Chin. Madoffs wife, Ruth, survives him. School teachers, farmers, mechanics and many others also lost money. Cheers and applause erupted from the gallery as Chin announced the verdict. US District Judge Denny Chin showed no mercy, sentencing Madoff to the maximum 150 years in prison. There was also Carla Hirshhorn, who said she was thankful that her father died before he realized that his wife's financial security was ruined. Chin tossed out many of Patricia Conradt's claims but said her principal claims could proceed to trial. v. His clients, many Jews like Madoff and Jewish charities, said they didn't know. An old IBM computer cranked out monthly statements showing steady double-digit returns, even during market downturns. Disgraced financier Bernard Madoff was sentenced Monday to 150 years for his monumental Ponzi scheme. 2008 The Associated Press. It collapsed during the 2008 financial crisis. At Madoff's sentencing in June 2009, wrathful former clients stood to demand the maximum punishment. The New York Times also interviewed Mr. Madoff, who offered his first comments about the judge and the sentence, which occurred two years ago on Wednesday. Judge Chin would impose a term of 150 years on Mr. Madoff, perhaps the most stunning and widely discussed sentencing in the history of American white-collar crime. I went to a very dear friend and asked him to do me a big favor, and he did. "I realised that my arrest and this day would inevitably come.". U.S. District Judge Denny Chin sentenced Madoff to the maximum possible term. The firm was investigated eight times by the US Securities and Exchange Commission because it made exceptional returns. Madoff, known as Bernie, was a former chairman of the Nasdaq stock exchange, and was regarded for years as an investment sage. "I think in time we'll get more Asian-American judges as these Asian-American litigators get more experience under their belts," he said. After the sentencing, Ruth Madoff said in a statement that she felt "betrayed and confused" by the actions of her husband. "In nine years I've had two incidents and I think I dealt with them just fine," Chin said. Extraordinarily evil By the time Judge Chin entered his chambers on the morning of Monday, June 29, he had decided what his draft was missing, he said. PESCA: Cantor was hurt badly, but not ruined. He has taught Asian Americans and the Law at Fordham, Harvard, and Yale Law Schools, and he taught Legal Writing at Fordham for more than thirty years. "How could somebody do this to us? As far as we know, Sorkin said, there was no ferreting away of funds. That was the number of victims allowed to speak. "You need to be an activist wherever you land, whether it be at a big firm by doing pro bono work and being involved in the community or doing something else in the public interest.". Madoff pleaded guilty in March 2009 to securities fraud and other charges, saying he was "deeply sorry and ashamed.". dismissed a lawsuit by a Florida man who blamed the Atkins. In doing so, he seemed to find a way to translate societys rage into a number. Denny Chin is a United States Circuit Judge for the United States Court of Appeals for the Second Circuit. Judge Denny Chin spoke informally to students at an event sponsored by APALSA April 1. Courthouse, 40 Foley Square, New York, NY 10007 | (212) 857-8500. In November 2013, Chin dismissed Authors Guild et al. Responding to a question from Second Circuit Court of Appeals Judge Denny Chin on whether local authorities could investigate the president under that hypothetical, Consovoy replies: "I think once . He was not bound by that figure, and he considered going beneath it, he said. He confessed the problem to his sons, who went to the authorities. [27], United States Court of Appeals for the Second Circuit, United States District Court for the Southern District of New York, United States Senate Committee on the Judiciary, Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right, List of first minority male lawyers and judges in the United States, Hearings Before the Committee on the Judiciary, United States Senate, One Hundred Third Congress, First Session on Confirmations of Appointees to the Federal Judiciary, Part 4, "President Obama Nominates Judge Denny Chin for United States Court of Appeals for the Second Circuit, Judge O. Rogeriee Thompson for United States Court of Appeals for the First Circuit", "Judge Who Sentenced Madoff to Be Nominated to Higher Court", "Obama names Madoff case judge to fill Sotomayor spot", "U.S. District Judge Denny Chin to Address Spring 2009 Law Graduates", "The Old Ones of Chinatown: A Study of the Elderly Chinese", "Denny Chin | Office of the Executive Vice President", "Judicial Nomination Materials: 111th Congress", "On the Nomination (Confirmation Denny Chin, of New York, to be U.S. Circuit Court of Appeals, noted the continuing suffering of Madoff's thousands of victims who lost $17.5 billion when a decades-long scheme that . They worked hard, said Thomas Morling, who worked closely with the Madoff brothers in the mid-1980s. At the time, both were being investigated for alleged illegal fundraising activities. He saved the document at 9:12 a.m., printed it and soon headed for the 10 a.m. hearing which, because of the expected crowds, would be held in the courts expansive ceremonial courtroom. Yet symbolism was important, he said, given the enormity of Mr. Madoffs crimes. [18] Larry Stewart was acquitted by a jury. "Often being a woman places you at a disadvantage at many big firms," he said. Bruce Baron, a lawyer for Patricia Conradt, said: "This decision shows no one is above the law, no matter how powerful.". PESCA: Words tumbled out of some victims, others vacillated between tears and rage. [23], In 2012, Chin presided over the criminal sentencing of Anil Kumar, a senior executive of McKinsey and Company in the Galleon Group insider trading investigation. Although he went through an extensive background check, "my confirmation hearing took about five minutes, maybe three minutes it was that simple.". "I'm looking for people who are smart, I'm looking for people I can work with," said Chin, who gets 500 applications for clerkships every year. After spending several months under house arrest at his $7m penthouse apartment, he was led off to jail in handcuffs, to scattered applause from angry investors in the courtroom. Judge Chin says he understood Mr. Sorkins goal. Madoff's case has become symbolic of Wall Street greed and a laissez-faire attitude toward federal oversight. He was soft spoken and an intellectual. "It is probably the most important trial court in the country, given its location in New York City," Chin said. A trustee was appointed to recover funds sometimes by suing hedge funds and other large investors who came out ahead and divvying up those proceeds to victims. Judge Chin also learned that day that Mr. Madoff would plead guilty to all 11 counts against him, including fraud, money laundering and perjury. Mr. RON WEINSTEIN: We were taken by surprise, as every other victim. Chin's path to his judgeship offers a compelling parable of an immigrant's success. Klayman explained that he and his client were concerned that Chin had ruled against them because Klayman had engaged in activities that some had portrayed as being anti-Asian. Rather, they are doing what they are supposed to be doing placing their trust in our system of justice.. He decided to review it again the following day. Judge Chin read his passage on retribution, which, after the length of the sentence itself, appeared to have the greatest impact. Its a fair argument that you want to give someone some possibility of seeing the light of day, the judge said in an interview, so that they have some hope, and something to live for., And, he added, that was one of the struggles in Madoff., Judge Chin said he quickly rejected the idea of a 12-year sentence for Mr. Madoff, but pondered whether 20 to 25 years might be acceptable. Law. In a scathing ruling, U.S. District Judge Denny Chin said a jury might conclude the network "crossed the line from responsible journalism to irresponsible and reckless intrusion into law enforcement.". But what the agency never found out was that behind the scenes, in a separate office kept under lock and key, Madoff was secretly spinning a web of phantom wealth by using cash from new investors to pay returns to old ones. Please enter valid email address to continue. 2023 by the Rector and Visitors of the University of Virginia. [15] PTC and WWE settled out of court and, as part of the settlement agreement, the PTC paid WWF $3.5 million USD and PTC president Bozell issued a public apology. "The law naturally appealed to me, in part because of the challenges we faced growing up," Judge Chin recalls in the video. After the war, as an employee of Columbia Records, he helped create the 3313 rpm long-playing record. The judge called Madoff's deeds "extraordinarily evil," and said he needed to send a symbolic message to those who might try to perpetuate a comparable fraud. Madoff was in a bathrobe when two FBI agents arrived at his door unannounced on a December morning. Madoff admitted to committing securities fraud via a Ponzi scheme starting in the early 1990s, which involved potentially as much as $65 billion. That summer he mapped out his career and followed it almost to the letter. MIKE PESCA: Thirteen billion dollars - that is the most conservative estimate of the amount of money Bernard Madoff stole. [9][13], In 2001, Chin rejected a motion by the Parents Television Council (PTC) to dismiss a lawsuit that the World Wrestling Federation (now World Wrestling Entertainment) filed against it. Covering the final, emotional hearing in Federal Judge Denny Chin's courtroom in downtown Manhattan in March 2009, I sat two rows behind Bernie--later sentenced to 150 years in prison--when. Bernie Madoff, the financier who pleaded guilty to orchestrating the largest Ponzi scheme in history, died in a federal prison Wednesday, the federal Bureau of Prisons confirmed to CBS News. Chin was born in 1954 in Kowloon, Hong Kong and came to the U.S. in 1956. Chin slept with his four siblings in the living room of a one-bedroom apartment, a situation he said was common in his neighborhood. Copyright 2023 CBS Interactive Inc. All rights reserved. Circuit Judge for the Second Circuit)", "2nd Circ. Bernie Madoff was born in 1938 in a lower-middle-class neighborhood in the New York borough of Queens. The lawyer, Ira Lee Sorkin, listed several reasons, including Mr. Madoffs confessing to his sons, knowing he would be turned in; his full acceptance of responsibility for his crimes; and his efforts to assist in the recovery of lost assets. [5] He graduated magna cum laude with a B.A. Hundreds of spectators and dozens of victims lined up outside the United States Courthouse in New York on Monday for the sentencing of disgraced financier Bernard Madoff. President Bill Clinton nominated Chin to the district court on March 24, 1994, and Chin was confirmed August 9 of that same year. Klayman later alleged in a brief that because minorities cannot obtain positions in high places without the support of their communities, Chin could not have gotten his appointment without the support of John Huang. Afterward, Ruth Madoff often a target of victims' scorn since her husband's arrest broke her silence that same day by issuing a statement claiming that she, too, had been misled by her high school sweetheart. He recalled when the Houston Rockets came to town, along with the team's new star, Yao Ming, his younger children were excited about going to the game. Madoff's other son, Andrew, died from cancer at age 48. VideoAt the crash site of 'no hope' - BBC reporter in Greece, Sake brewers toast big rise in global sales, The Indian-American CEO who wants to be US president, How 10% of Nigerian registered voters delivered victory, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. "It was a very vigorous job process because once you have the job you have it for life," he added. [26] Chin explained that imposing the maximum sentence on Madoff was appropriate because he had concluded that Madoff's crimes were "staggering" and "extraordinary evil" and wanted the sentence to have a stronger deterrent effect. At least two investors with Mr Madoff took their own lives after their losses. His 8-year-old felt torn and said, "'I love the Knicks, but I love Yao.'" His criminal behavior devastated the lives of his victims, leading to suicides, bankruptcies and home losses. Madoff raised his profile by using the expertise to help launch Nasdaq, the first electronic stock exchange, and became so respected that he advised the Securities and Exchange Commission on the system. The order left her with $2.5m. There was yet another home in the south of France, private jets and a yacht. Frank DiPascali, the companys chief financial officer, said in a guilty plea in 2009 that the statements detailing trades were all fake. IE 11 is not supported. Among them was Nobel Peace Prize winner and Holocaust survivor Elie Wiesel, who recalled meeting Madoff years earlier at a dinner where they talked about history, education and Jewish philosophy not money. Madoff's other son, Andrew, died from cancer at age 48. On March 23, 2011, Chin rejected Google's plan to digitize every book published, saying the plan violated copyright laws. His son Mark also killed himself on the second anniversary of his father's arrest. As Judge Denny Chin noted, the Madoff take is quite literally off the charts. Madoff was born in 1938 in a lower-middle-class Jewish neighborhood in Queens. For an optimal experience visit our site on another browser. Chin said he felt diversity on the bench was a valuable goal, since it may help some plaintiffs or defendants understand that the legal system represents them as well. Tom Fitzmaurice accused Madoff of cheating his victims "so he and his wife, Ruth, could live a life of luxury beyond belief.". "I am embarrassed and ashamed," she said. Get browser notifications for breaking news, live events, and exclusive reporting. A Class of 1975 graduate, Chin was the first Asian American appointed as a United States District Judge outside of California and Hawaii. The request was denied. The sentencing of Bernard L. Madoff required balancing the law against the public anger his fraud had inspired. A Bankruptcy or Magistrate Judge? How do you excuse deceiving your family, your investors and an industry you spent your life trying to improve? NYT reporter: Son's suicide gave Madoff sense of contrition, Author: Madoffs kin likely didnt know of scam. While the lawyer was not a member of the New York Bar, Chin sanctioned him, revoking his pro hoc admission membership granted to argue the case. On March 12, Madoff pleaded guilty to securities fraud and other charges, saying he was "deeply sorry and ashamed." "One of the best things I did as a judge over the years was to preside over the naturalization ceremony. There were several more Asian-American faces in Madison Square Gardens that night too. Ruth is still living. They had a $7 million Manhattan apartment, an $11 million estate in Palm Beach, Florida, and a $4 million home on the tip of Long Island. In explaining how the 150-year sentence was symbolically important, he had neglected to include a third, crucial reason: retribution. He knew he would be arriving at work early. Two interns, both law students, suggested a term of 75 years, but when the judge asked them why, he said, they had trouble articulating their reasons. Last year, Madoff's lawyers filed court papers to try to get him released from prison in the COVID-19 pandemic, saying he had suffered from end-stage renal disease and other chronic medical conditions. Judge Chin agreed to an extensive series of interviews as part of a broader look into his sentencings in Federal District Court in Manhattan, which will appear in a later article. display: block; "They were two struggling kids from Queens. "Although the crimes Bernie was convicted of have come to define who he was - he was also a father and a husband. In bankruptcy filings, trustee Irving Picard said family members "used customers' accounts as though they were their own," putting Madoff's maid, boat captain and house sitter in Florida on the company payroll and paying nearly $1 million in fees at high-end golf clubs in Florida and on Long Island, N.Y. Picard has sought to reclaim ill-gotten gains by freezing Madoff's business bank accounts and selling off legitimate portions of his firm, Bernard L. Madoff Investment Securities LLC. You spent your life trying to improve decades, Madoff pleaded guilty in March 2009 securities. Cancer at age 48 of have come to define who he was also a father and a,... Out many of Patricia Conradt 's claims but said her principal claims could proceed to trial wrathful... Age 48 have the greatest impact be published, broadcast, rewritten, or redistributed for lock... 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