Complaint Review: bustedmugshots.com - Internet Texas

Ryan Russell, Austin TX - bustedmugshots.com

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A NEW Petition to help pass laws to Stop FOI Exploitation.



Fan Dlis!

http://www.ic3.gov/default.aspx

18 USC 1030 - Fraud and related activity in connection with computers
(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains
(C) information from any protected computer;


18 USC 641 - Public money, property or records
Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells,
conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency
thereof;


18 USC 2319 - Criminal infringement of a copyright
17 USC 506 - Criminal offenses
(a) Criminal Infringement.
(1) In general.Any person who willfully infringes a copyright shall be punished
as provided under section 2319 of title 18, if the infringement was committed
(A) for purposes of commercial advantage or private financial gain; Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted


18 USC 873 - Blackmail
Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of
the United States, demands or receives any money or other valuable thing, shall be fined under this title or
imprisoned not more than one year, or both.


18 USC 880 - Receiving the proceeds of extortion
A person who receives, possesses, conceals, or disposes of any money or other property which was obtained from the commission of any offense under this chapter that is punishable by imprisonment for more than 1 year, knowing the
same to have been unlawfully obtained, shall be imprisoned not more than 3 years, fined under this title, or both.

The operation mugshot sites are likely protected by the First Amendment, since the information contained on the site is public records. Mugshot sites will often charge to unpublish material from their site, and they have the right to do so. While this practice upsets those affected, it is again legal since the sites can make decisions as to which mugshots to include, and which to unpublish. Unpublishing is a major issue in the  publishing world and it doesn't start or end with one site or another (Google "Unpublish" or "Unpublishing"). This is simply the cost of living in the Information Age, when public information is readily available.

Thank you for your information.  I contacted the FTC through the website you provided and filed a complaint.  I will keep everyone posted. 

Your statements:

"When the picture is removed from one site, they simply republish picture to their second site and offer to remove it for money."

"If you ask one site to take down an image, it pops it back up on the other site."

"No, instead of paying Citizens Information and other companies like them to take down a photo, only to have them repost it elsewhere"

I know the difference between a perfectly legal practice and what you are doing.  I also understand your game; intimidate people who are just coming back from their lowest, the ones that pose the least chance of fighting back.  Then, use your feeble attempts at intimidation to try and keep them from speaking up when they decide to use opportunities like this site to complain.

Guess what?  What you are doing is not 100% legal, and people hurt by your illegal practices can fight back.  All I have done is to inform them regarding more practical means of getting in touch with people who can make a difference.  Meaning, forget 'iffy' privacy torts and concentrate on the deceptive and unfair aspects of your business model by filing complaints with their state attorney general's office and the Federal Trade Commission.  

I'm confident in my position and the evidence in support of it.  So, you can keep your threats for people that don't know any better.  I expect that the heat for you and other similar companies will be getting turned up pretty soon.  It only takes a certain threshold number of complaints to trigger a full scale FTC or state investigation.  If you are so convinced that your business has nothing to hide, and everything you are doing is 100% ok, you shouldn't have any worries about dealing with that, right?

In the meantime, I've started a website with more information on this.  http://mugshotracket.blogspot.com

Actually, because I'm an attorney that I know the difference between a legal practice and what you are doing.  I also understand your game; intimidate people at their lowest, the ones that pose the least chance of fighting back.  Then use opportunities when they complain on sites like this to further that intimidation.

Guess what?  I here to teach people that what you are doing is not completely legal, and that they can fight back.  And I'm informing them regarding one possible means of contacting people who can make a difference.  Specifically, their state attorney general's office and the Federal Trade Commission.

I'm confident in my position and the evidence in support of it.  So, you can keep your threats for people that don't know any better.  I expect that the heat for your and other similar companies will be getting turned up pretty soon.  It only takes a certain threshold number of complaints to trigger a full scale investigation.

You think because you're an attorney you can spread misinformation and not be liable to what you say? News flash.

"If you ask one site to take down an image, it pops it back up on the other site."

"You never, ever, ever pay a hostage taker.  No, instead of paying Citizens Information and other companies like them to take down a photo, only to have them repost it elsewhere, fight back."

Bill Wood, do I have the name correct? Do you really want to fight on Ripoff Report and other advocacy websites by posting misinformation? I can guarantee you this will be a losing battle for you. Unless you have proof it's time to shut the fu*k up.

How many mugshot websites does Citizens Information run?  At least bustedmugshots.com and mugshotsonline.com.  If you ask one site to take down an image, it pops it back up on the other site.

You never, ever, ever pay a hostage taker.  No, instead of paying Citizens Information and other companies like them to take down a photo, only to have them repost it elsewhere, fight back.  File a complaint with your state attorney general's office, in the consumer protection division.  Then go to the Federal Trade Commission and file a complaint at: https://www.ftccomplaintassistant.gov/

Keep up filing these complaints so that these agencies sit up and take notice.  You can't continue to run a scam like this on the Internet for too long without the authorities sitting up and beginning to take notice.

He is all over the paper work at the Texas Secretary of State business filings. His signature is also on the trade mark paperwork. I thought that maybe they were hiding because they are "ashamed" of what they do but maybe it is that they are scared that someone exposed on their site could come after them. I get that the mug shots are public record but I think the issue is that they are profitting off them by selling ads and by offer to remove the pictures for a fee. And you have to register to to see more than a couple per visit. I am not sure if you have to pay for that. There is seems something really wrong about using SEO to get someone's image revved up in the google result.s

They try present themselves as news outlet but there is no reporting about the charges or any follow up afterwards. It is not a public service as there is no real community information. All you know is someone who lives in your city has been arrested.  Just because you have a website doesn't mean you are a news outlet.

"Citizens Information offers to remove pictures from one site.  When the picture is removed from one site, they simply republish picture to their second site and offer to remove it for money "by all means continue to try and bully consumers."

By all means, continue and throw baseless and complete fabricated ideas in order to justify a weak argument that won't hold a minute in court.

The attorney who wrote that certainly isn't thinking creatively; or more likely spreading disinformation on behalf of their client.  First of all, invasion of privacy has many facets.  Use of likeness for commercial gain certainly doesn't require one to prove damages to themselves.  Rather, damages are measured by the profits the defendant has made from using the likeness.   Likewise, numerous courts have upheld use of likeness claims against First Amendment challenges.  Contrary to popular belief, the First Amendment is not a license to publish what you want, whenever you want.

Furthermore, why limit the claim to just privacy?  Why not look to deceptive trade practices and unfairness law?  Citizens Information offers to remove pictures from one site.  When the picture is removed from one site, they simply republish picture to their second site and offer to remove it for money.   Certainly there is a colorable argument that such a practice is deceptive.  On the unfairness side, regulators at the Federal Trade Commission and in states with "mini-FTC" acts would be quite interested in practices which damages consumers and which consumers can't reasonably avoid through the use of due care.  Just because you've stayed off their radar to date doesn't mean your luck will continue to hold.  And, mini-FTC acts allow for private parties to bring suit to enforce consumer rights.  Indeed, in many states, a consumer need not even prove damages to bring a successful claim.  All one need prove is that there was either deception or an unfair trade practice.

So, by all means continue to try and bully consumers.  Did you know that there is an FTC rule regarding the use of sock puppets on websites to further a deceptive or unfair trade practice?  If not, I suggest you research the potential liability that an FTC or state action might impose on your "honorable" company

Here's the complete post for you written by an attorney who actually knows a thing or two about the law.

http://www.avvo.com/legal-answers/choosing-forum-for-invasion-of-privacy-lawsuit--fe-597021.html

So you have a paralegal certificate and you think you have a valid claim for invasion of privacy against persons who published your mugshot. You obviously need more legal training. There is this pesky constitutional provision called the First Amendment. Mug Shots or persons who were arrested and/or convicted are public documents. If you were arrested and/or convicted, and if your mug shot is publicly available, this is a public record that records an actual and truthful fact--that you were either arrested or convicted. If someone published a list of persons who had been arrested for DUI, as long as the list is accurate, no one could possibly complain about the fact that his name appears on this list. The same is true for lists and photographs of registered sex offenders. The same is true for mug shots. Do they have the potential for harming your reputation. You bet!! Do you have a claim based on this harm---no way. Is it illegal for companies to accept fees in exchange for removing your photo from its published collection of mug-shots? Clearly not. 

Here is your problem----a mug shot was taken of you. It is available from sources on line. You do not own the copyright in the mug-shot---the copyright is owned by whoever took the photograph and/or the governmental authority who paid him. Thus, you have no legal right to limit its use and distribution. It is a true picture that reflects an unfortunate but real event that occurred in your life. Guess what--you have no claim for invasion of privacy---you have no right to keep private your arrest and conviction history---including mug shots. 

The only potential claim would be for violation of your right of publicity. But this will not fly because the mug shot companies are not suggesting that you endorse their products---they simply publish mug shots of persons who were arrestee and/or convicted. 

Indeed, my view is that your claims would be frivolous. I suspect that very few lawyers would be willing to pursue such claims---I would be worried that I would face Rule 11 Sanctions if I would do so. 

Also, even if you could somehow conjure up a valid claim, your assertion as to damages seems to be absurdly high. You cannot just make up a number---you have to have evidence of actual economic harm. It is far from clear that you could prove actual economic harm from publication of this mug-shot. You say it has caused "immeasurable loss" but in court, you have to provide evidence that can be verified and quantified---not mere speculation. 

And you also have to show that the proximate cause of your loss is publication of the mug shot---and it is probably impossible for you to satisfy this requirement. The proximate cause of your loss was your arrest or conviction---not the mug short which merely records something that happened to you. People get charged with crimes--often incorrectly. And the taint of being charged with a crime often has adverse consequences, even if the charges or dropped or you are acquitted at trial. Life is unfair, but that does not always give rise to legal claims.

I find it interesting that you are citing to Rule 11 in an attempt to intimidate people into not taking legal action.  Especially because the standard of proof for showing a violation of Rule 11 is quite high; you must show that the claim is neither warranted by existing law, nor can be argued in a non-frivolous manner for a change in existing law.  Courts seldom award Rule 11 sanctions for complaints that at least have some possible merit, and in the meantime your companies will endure significant litigation expenses in even moving for dismissal.  Especially considering the fact that you are likely subject to personal jurisdiction in any state in which you attempt to extort money from people in; meaning you'll have to engage out-of-state counsel just to avoid a default judgment.

On top of that, considering the claims on your websites that you are simply "reporting news," it is extremely odd that you've chosen to scrape pictures from arrests that happened back in the early 2000's.  What is so "newsworthy" about arrests almost 10 years ago?  No, that statement really doesn't hold a lot of water with your "First Amendment/Free Press" claims.  

Rule 11 is not helpful to you at all.  A court would definitely be interested in exploring your business model, and possibly even trailblazing new privacy law in order to do so.  You are profiting off the use of the likeness of another, and in many cases, even against the law of the places where you scraped the information from originally.

"The only potential claim would be for violation of your right of publicity. But this will not fly because the mug shot companies are not suggesting that you endorse their products---they simply publish mug shots of persons who were arrestee and/or convicted. 

Indeed, my view is that your claims would be frivolous. I suspect that very few lawyers would be willing to pursue such claims---I would be worried that I would face Rule 11 Sanctions if I would do so. "

http://www.avvo.com/legal-answers/choosing-forum-for-invasion-of-privacy-lawsuit--fe-597021.html

It may be legal take the mugshots but using them as a part of a commercial enterprise may not be. It is often illegal to make money using other peoples' images without their consent. Some states may view their asking for a fee to remove the pictures as extortion.  And the point of the information? Email them, call them, ask them to remove the images. Be polite. They don't have to put them there and they don't have to leave them there. If enough people call or email, it may be too much effort to continue doing the site. I would like to make it as hard as possible for them to violate my presumption of innocence and due process rights. When I found the link the other day, I lost it. I was getting the through the arrest. I thought I would have my day in court and then the picture. I, like a lot of people are looking for work. I will take my lumps if I am found guilty but I should not be punished before that. 

And, they are liars. They make a big deal of being transparent (using the word 5 times in one section) but hide their identity. One of even lied to several news outlets about being involved.  They say they do help with solving crime but I sincerely doubt that. And if they have been such great public citizens, tell us how you did it. Brag about it. But no, it is a site that started out because these guys thought mug shots were funny, then made a little money selling ads and finally thought, hey, lets makes lots more money by asking the people we are making fun of and their lives harder for money to delete them from the site. By asking for money they imply that there is a negative value to what they are doing. That it is worth money to desperate people to get off their site. 

I am meeting with an attorney today about the violation of the rights of publicity and I have an email in to the clerk asking whether they knew that the mug shots and reports were being released to a commercial enterprise. Several other police departments have refused them because of that reason. 

You may have figured out who and now you face the main problem, that no law is being broken. Anyone who tells you otherwise is clueless.

Ryan Russell of Star Nine.com now Starninemarketing.com is still very much involved with Busted. His signature is on the trademark papers. His email address is [email protected]. He is also on the board of Keep Austin Beautiful which is on his linked in page. 

Kyle Prall, the one hiding behind CIA and KPG. I found your info as well. All of it was on your domain registration page. His phone #773-474-9164 and his email is [email protected]. The website is hosted by a company called Hostmonster.  

It looks like Ryan is still has an office at 1604 Nueces although one site showed them moved. I was never able to find another physical address for KPG Media/CIA or Kyle G. Prall but he has a PO BOX 91594 Austin Tx 91594.

Do as you will. At least now there is enough information to file a suit with your states or TX State Atty General. 

I found all of this on the web. It is all legal. 

I have been researching this for 3 days. It is hard to tell who owns what. There is non contact number or email on any of the sites. If they are "free" press then act like and be available for comments.They have refused to comment on two separate news stories. While I am angry that my mugshot is online, I get that it is open record. What is not ok, is to make people pay to remove it and or jump through hoops to get it removed. With the way the world and the web is, this is tantamount to punishing someone for a crime without due process. It violates the Bill of Rights and it violates common decency. If Kyle Prall is so proud of his site and what he does, why doesn't he come forward and answer questions? And if he thinks he is media, then why does he charge to remove negative information? If a negative story runs about me in a newspaper or on the tv news, I cannot pay to remove it.  This has nothing to freedom of the press, or helping with crime, it is all about collecting as many $68 payments from desperate and scared people. It is extortion.  

Thanks for the advice but I've learned my lessons. Unfortunately, mugshot publishers don't seem like the types who like to admit when they are wrong. So here is my advice... anything you say or do CAN and WILL be used against you in a court of law.

WARNING: don't click this link unless you are working within the mugshot extortion scam.

MUGSHOT SHAKEDOWN TAKEDOWN

"My mugshot is very findable on google thanks to these great folks".

It's findable because you got arrested, it's called public records.

Nothing illegal in publishing mugshots or charging for removal from a PRIVATE site.

Joe- Please disassociate yourself with Citizens Information Associates and Star Nine Ventures because publishing mugshots is unethical. You will be held accountable. Please advise your clients not to avoid the press because it makes them look like cowards and hypocrits.

Effective a year ago yesterday.

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I too was a victim of this company's antics. I have posted about it on this site as well. Thanks for speaking up. I'm going to every site I can to speak out on what these people are doing. This is legalized extortion. I think if for more people speak out they will be in trouble. I'm now on a personal crusade to fix this. Extortion must end and making people assume the innocent are gulity by posting them on the internet is even worse. These people have no idea what they have started. They are in essence trying people in the court of public opinion. The charges they have listed aren't even correct for some people! This is slander at its best.  What ever happen to innocent until proven guilty? They are also out to hurt people and be malicious because they try to increase search results to rank the negative higher to force you to hurry and pay to remove it from what I've been reading. Jerks! Obvioiusly they hadn't heard of the law of reaping and sowing. It will come back.

Based on Mr. Brooks Criteria...
Design - A FUN POJECT:: BustedMugShots.com |
99designs
See our profile, we are a venture creation firm. Star Nine develops and manages thousands of B2C sites across a wide array of Total Prize: $200
Keywords:Logo Design
30d+ ago from 99designs
View Comment #4284454
For contest Private Contest, held by The Gooch in the Logo Design category.
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The Gooch
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Comment Date
Jan 21, 2011
1:20 pm
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Recap on the concept:
1. The site is fun and goofy - not dark or morbid
2. MugShots are the photos that are taken when the police arrest someone
3. Characters are GREAT - make them funny
If your friend or family member was arrested for anything and it was OK to make fun of the picture that was taken of them when police arrested them - this is what we want in a logo...
View Comment #4284860
For contest Private Contest, held by The Gooch in the Logo Design category.

User The Gooch
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Jan 22, 2011
8:09 am
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The latest round was really good.. We love it when the designer is free to use fun characters they create.
Remember this is a logo that represent the pictures/mugshots of people that are arrested by the police... Keep them
coming..

Design categories on offer:
View Comment #4286941
For contest Private Contest, held by The Gooch in the Logo Design category.
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The Gooch
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Jan 25, 2011
9:37 am
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AWESOME Round - keep them coming... I love the characters. Those that are creating logo's that make me laugh are in the
running... GOOD stuff.
How much more fun of a design can you work on? Your creating a logo for a website that has the funniest mugshots (arrest pics) of people that get in trouble and arrested by the police..
Funny and EVEN UGLY is key!!! Ugly - ugly characters!!!
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Our position is that www.Businesses.com.au received a press release from a source that appeared genuine. You have been provided with the press release together with details of the time it was sent, the author, contact details for the author and the organisation of the author.

For some time that article remained unchallenged.

We were contacted by email and asked to remove the article.

We removed the article.

We received an email that conveyed appreciation of the fact that the article was removed.

We chose to remove the article as the contents appeared to be under challenge.

We did not elect to investigate the issues behind the dispute between the author of the press release and the persons who wished for it to be removed.

We have no opinion on the validity of the issues in dispute.

We have removed the article and have no further interest in the parties and will not be commenting further.


Austin

Firm Star Nine Ventures Inc. Acquires Mugly Media Inc.  

For

Immediate Release



Austin, TX February 2nd,

2011 Star Nine Ventures, an Austin based company, has acquired Mugly Media Inc., of Austin, Texas and its rapidly
growing newspaper publication, Busted!.

This is an exciting acquisition, we envision immense growth for this concept across both online and offline channels, said Jeremy Brooks, Executive

Vice President of Star Nine Ventures and Managing Partner of Citizens Information Assoc., a subsidiary of Star Nine Ventures. This business model compliments our focus of building our portfolio with unique data driven concepts that
consumers are always going to have an interest in both online and offline.

Through a lot of hard work and focus we have been fortunate to sustain substantial revenue growth across our own
portfolio, allowing our company to ramp online and offline ventures, this acquisition being one of several planned for 2011 said Ryan Russell, CEO of Star Nine Ventures.

We have our sights set on building the largest online portfolio of public information and novel data driven concepts.

Co-Founder and CEO of Mugly Media, Kyle Prall, stated, Star Nine Ventures through Citizens Information Assoc., will bring the Mugly Media vision of a fully integrated online and print version of the Busted! Mug shot concept to the national stage.  Mugly Media was created to provide the public with raw crime news and information, and with the new Star Nine Ventures
partnership, every major US city will soon have a Busted! newspaper and website to enable citizens to keep informed on local crime.    

About Star Nine Ventures:

Star Nine Ventures is an Austin-based, marketing-driven venture creation company targeting a wide range of national
business-to-consumer online marketplaces, including debt consolidation, real estate, home security, financial literacy and online learning. Star Nine's core mission is to build businesses that provide exemplary consumer experiences and
unparalleled customer service. With a world-class team of marketing and development professionals, Star Nine Ventures
has a proven record of success in highly competitive verticals, and the ability to take ideas from concept to market quickly and cost-effectively, with products and services that consistently rank among the best of breed.

Visit www.StarNine.com to learn more.

Or for more information contact:

Amanda Hunt 

Email: [email protected]

Star Nine Ventures  - 1604 Nueces, Austin, Texas 78701

Office: 512-538-2215 ext.

7004  Fax: 512-212-4590

Thanks to the enlightenment of Mr. Prall, a representative of Citizen's Information Associates, I have learned Star Nine Ventures LLC. is not associated with the online publications www.bustedmugshots.com and mugshotsonline.com. Justifiably, I was misled due to a false article published on business.com.au and I fully expect a statement of redaction to be issued for the removed article as they are now liable for disseminating false information across the internet and the ensuing confusion it has caused. Thatstatement will be immediately made available on this forum. I would like to apologize to the present and former employees of Star Nine whose involvement with Mugly Media Inc. was implicated because of businesses.com.au reporting false information.

The following article contains information that is false in its entirety and is only being provided to disprove any and all claims being made within:

This is Google's cache of http://www.businesses.com.au/index.php?option=com_content&view=article&id=296:austin-firm-star-nine-ventures-inc-acquires-mugly-media-inc-&catid=1:latest-news&Itemid=139. It is a snapshot of the page as it appeared on Oct 13, 2011

12:29:07 GMT. The current page could have changed in the meantime. Learn more

Text-only version

These search terms are highlighted: star nine ventures acquires mugly media Austin Firm Star Nine Ventures Inc. Acquires Mugly Media Inc. 

Wednesday, 02 February 2011 10:35 

  Austin, TX February 2nd,

  2011 Star Nine

Ventures, an   Austin based company, has acquired Mugly Media Inc., of   Austin, Texas and its rapidly growing newspaper publication, Busted!.

 
This is an exciting  acquisition, we envision immense growth for this concept across both online   and offline channels, said Jeremy Brooks, Executive Vice President of Star NineVentures and Managing   Partner of Citizens Information Assoc., a subsidiary of Star Nine   Ventures. This  business model compliments our focus of building our portfolio with unique  data driven concepts that consumers are always going to have an interest in   both online and offline.

Through a lot of hard  work and focus we have been fortunate to sustain substantial revenue growth   across our own portfolio, allowing our company to ramp online and offline ventures, this acquisition  being one of   several planned for 2011 said Ryan Russell, CEO of Star NineVentures. We have our   sights set on building the largest online portfolio of public information and   novel data driven concepts.

Co-Founder and CEO of Mugly Media, Kyle Prall, stated, Star Nine  Ventures, through

Citizens Information Assoc., will bring the Mugly Media vision of a fully  integrated online and print version of the Busted! Mug shot concept to the  national stage. Mugly Media was created to provide   the public with raw crime news and information, and with the new Star NineVentures partnership, every  major US city will soon have a Busted! newspaper and website to   enable citizens to keep informed on local crime.

About Star Nine  Ventures:

Star Nine Ventures  is an Austin-based, marketing-driven venture creation company targeting a   wide range of national business-to-consumer online marketplaces, including  debt consolidation, real estate, home security, financial literacy and online learning. Star Nine's core mission   is to build businesses that provide exemplary consumer experiences and unparalleled customer service. With a world-class team of marketing and development professionals, Star  Nine Ventures has a proven  record of success in highly competitive verticals, and the ability to take ideas from concept to market quickly and cost-effectively, with products and  services that consistently rank among the best of breed.

Visit www.StarNine.com to learn more.
 
Mr. Prall and Citizen's Information Associate's have a sincere desire for the information on bustedmugshots.com and mugshotsonline.com to be entirely accurate as they have been very responsive to my query. They will not and are
not legally obligated to take down information on the basis of personal grievances that result from having a mugshot published on the internet. Prall, Russell, and Brooks do standby their right to report public information. I only request that Mr. Brooks consider taking a less comical approach on the matter due to the unprecedented nature of the publication and the unforeseeable professional/personal ramifications that can affect not only the individuals
represented but also their families.

I would like to post this to show you what we are up against

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