Why Magarini residents are at the mercy of Kilifi’s salt firms

Magarini MP inspects contaminated well. Thirty fresh water wells in the village near Indian Ocean have been abandoned due to contamination by seepage from nearby salt manufacturing activity. [Photo by Joackim Bwana/Standard]

One early morning, armed police stormed Msumarini village in Adu Ward to enforce a state decree on eviction of residents.

The government had allocated the land to a private investor in salt manufacturing.

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Karisa Ngumbao Thoya, 64, who was among villagers forcefully evicted now lives as a squatter in Muyu wa Kaya village next to the Indian Ocean, about 2km from Msumarini.

“We were treated like cattle and asked to leave,” Karisa says.

He claims during the eviction in 1987, police and state officials chaperoning the new investor informed them that they were squatters on private land. The compensation the residents received left a lot to be desired.

“The only compensation we received was Sh40 for every coconut tree. In total I received money for 15 trees,” he claims adding that other crops and houses were not legible for compensation.

This account is difficult to verify in an area where investors and residents often weave tales to suit their situation.

What is not in doubt however is that the residents are now squatters reliving the torment of past evictions.

“Now we have been asked to move again,” said Karisa as he pointed to charred coconut trees he claimed to have owned decades ago.

The squatters accuse the salt firms of contaminating wells at Muyu wa Kaya, through releasing seepage into the water.

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Some residents even believe salt was dumped into the wells to compel them vacate the area.

“The wells became salty gradually until residents abandoned them,” says local MCA for Adu Ward Stanley Karisa who claims the contamination of wells at Muyu wa Kaya “began about ten years ago until residents ran out of fresh water sources.

He claims that 30 fresh water wells in Adu ward were abandoned because of contamination and residents now rely on fresh water supplied at a fee by trucks or carts. The water is sought from Kadzandani, Gongoni and Kambicha which are more than 20km away.

Women harvest Salt at the Salt mine in Magarini, Kilifi County. The harvesting of salt has become a health problem to most residents living in Magarini. [Photo by Kelvin Karani/Standard]

The Sunday Standard team came across large swathes of abandoned farms while some schools are being built illegally by enterprising squatters.

There are more than six salt manufacturing firms in Magarini constituency, including Al Sherman whose majority shareholder is Malindi Salt.

The squatters appear trapped between the demands of daily life that compel them to seek employment in the much vilified firms, opposition to the investors and the vicious cycle of poverty.

At a charged rally at Msumarini, Magarini MP Michael Kingi declared that residents do not benefit from the firms.

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“Salt firms have been here for decades but local residents have not benefited from them. The hazards exceed the benefits,” he says and cites the eviction of local residents without alternative settlement.

He claims that the national government awarded large swatches of land to each firm and after 2011 they encroached on the available land.

“This piece of land is too big for salt mining,” says Kingi adding that “some investors were allocated land many years ago but have never mined a grain of salt.”

The MP further claims some investors use land allocated for speculative purposes. He claims that salt firms only offer menial jobs to residents when they come under pressure.

We established that Al Sherman Limited owns about five salt firms in the area including the villages now under threat. Officials released documents showing that the firm was allocated 1,000 hectares in Fundisa area on January 1, 1986 for a 45 year lease, 175 hectares for 99 years at Gongoni on December 1, 2010.

The firm was also allocated 1021.9 hectares in a separate location on a 99 year lease, another 459 hectares on August 1, 1990 for 99 years.

On December 9, 1997 Al Sherman was allocated 438.9 hectares on a 99 year lease.

Suhel Ali, the project manager at Al Sherman told Sunday Standard that no investor can sink billions of shillings into land they have no legal entitlement to.

“We are always complying with the law,” he says adding that “according to our records all documents are in order.

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Mr Ali discloses that his firm not only pays huge taxes and rates to the national and county governments but also caters for the welfare of the squatters on the property.

“We are willing to give them some land with titles within out parcels,” he says adding that from his records only 311 families on the property are genuine squatters. Local leaders dispute this figure saying it is a gross underestimation.

He claims some “professional squatters” pop up expecting free land and compensation.

Ali says that besides offering free water, medical services and employment his firm also provides scholarships and other social amenities to residents.

But these assurances ring hollow in the mind of Karisa and local leaders who say salt firms are only bent on profiteering. Kingi points to a 2006 report by the Kenya National Commission on Human Rights which documented rights violations of residents by salt firms in Magarini.

“They claim they were allocated land by the national government but why did the government ignore residents who were living in this land? This is the original sin that must be addressed,” he adds.

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Haulage firms warned after lorries found to cheat emissions tests in crackdown

One in 13 lorries examined as part of a Government crackdown on air quality violations were fitted with cheat devices.

The most common trick is to use an emulator which stops a lorry’s emissions control system from functioning, the Driver and Vehicle Standards Agency (DVSA) said.

Drivers could face having their vehicles taken off the road

Drivers could face having their vehicles taken off the road

They are fitted by u nscrupulous drivers and businesses to cut the cost of maintenance and repairs.

DVSA examiners found devices fitted on 293 out of 3,735 lorries in the first four months after new checks were introduced in August last year.

There were 151 registered in Britain, 60 from Northern Ireland and 82 from outside the UK.

Drivers or operators of vehicles caught out have to remove the devices within 10 days or face a £300 fine and having the vehicle taken off the road.

Firms also risk losing their licence to operate a haulage business.

Volkswagen sparked outrage in September 2015 when it was found to have fitted defeat device software to 11 million diesel vehicles worldwide.

This allowed the manufacturer to cheat tests for nitrogen oxide pollutants .

Air pollution causes an estimated 40,000 premature deaths a year in the UK and is linked to health problems from childhood illnesses to heart disease and even dementia.

DVSA chief executive Gareth Llewellyn said the agency’s priority is to protect the public from unsafe drivers and vehicles.

” We are committed to taking dangerous lorries off Britain’s roads,” he said.

“Stopping emissions fraud is a vital part of that.

“Anyone who flouts the law is putting the quality of our air and the health of vulnerable people at risk. We won’t hesitate to take action.”

Natalie Chapman, a policy chief at the Freight Transport Association, said any drivers caught trying to cheat air quality standards should be ” punished to the full letter of the law”.

She went on: ” A small handful of unscrupulous operators, which DVSA has identified through targeted enforcement, should not be allowed to tarnish the reputation of the wider freight industry, which has made huge strides in reducing emissions in the past few years.”

Copyright (c) Press Association Ltd. 2018, All Rights Reserved.

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Walmart Joins The Ranks Of US Firms ‘Sharing US Tax Reform Benefits’ »

by Glen Shapiro, Tax-News.com, New York

11 January 2018

Walmart, the US retail giant, has become the latest company to announce perks for its employees as a result of the passage of the US tax reform bill.

Walmart announced January 11 that it would increase its starting wage rate to USD11, expand maternity and parental leave benefits, and generally provide a one-time cash bonus of up to USD1,000.

The company said: “We are early in the stages of assessing the opportunities tax reform creates for us to invest in our customers and associates and to further strengthen our business, all of which should benefit our shareholders. […] Tax reform gives us the opportunity to be more competitive globally and to accelerate plans for the US.”

Americans for Tax Reform is maintaining a list of companies and their commitments to employees as a result of the US tax reform package on its website, announcing January 11, 2018, that more then a million US workers stand to benefit so far.

“Just ten days into 2018 the Tax Cuts and Jobs Act has changed the nation for the better,” ATR President Grover Norquist said. “American companies are raising wages, paying bonuses, expanding operations and increasing 401(k) contributions.”

Noting the expanding list, John Thune (R-SD), a member of the tax-writing Senate Finance Committee, said: “Two weeks ago, President Trump signed our historic tax reform bill into law, and middle-income Americans are already seeing the benefits. Companies across America are announcing they will raise wages, increase charitable donations, and give out bonuses to many of their hardworking employees – citing the tax reform legislation as the key factor in those decisions. As it stands today, at least one million Americans will receive special bonuses due to the passage of comprehensive tax reform. This is good news for many workers who have struggled to make ends meet in a weak economy. Americans now have a tax code that will foster the economic growth necessary to put more money in their pockets.”

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City law firm Hogan Lovells accused of ‘whitewash’ investigation into South African government corruption

City law firm Hogan Lovells has been drawn into the growing corruption scandal in South Africa amid allegations it produced a “whitewash” report into claims of money laundering at a government agency.

Lord Peter Hain, the former Labour minister and anti-apartheid campaigner, wrote to Britain’s law watchdog the Solicitors Regulation Authority (SRA) on Friday requesting an inquiry into Hogan Lovells’ conduct. 

Lord Hain is expected to raise his concerns in the House of Lords on Monday. 

The move threatens to drag the ­international law firm into the political storm swirling around South Africa’s president Jacob Zuma and close associates the billionaire Gupta family.

British firms linked to misconduct by the Guptas have included disgraced PR agency Bell Pottinger – which collapsed after a dirty tricks campaign was exposed – KPMG, which has subsequently cleared out its South African management, and management consultancy McKinsey.

Cape Town, South Africa

Credit:
Grant Duncan Smith / Getty

Lord Hain has separately referred London-based lenders HSBC and Standard Chartered to the Financial Conduct Authority.

The allegations against Hogan Lovells centre around a controversial investigation it conducted for the South African Revenue Service (SARS) into allegations of financial misconduct against two of its staff, Jonas Makwakwa, its deputy chief, and his lover Kelly Ann Elskie, who was a low-level employee.

It was alleged around R1.7m (£100,000) was paid into their bank ­accounts over a six-year period. 

Allegedly suspicious transactions were identified by South Africa’s Financial Intelligence Committee, leading to Hogan Lovells’ investigation.

Hogan Lovells’ report recommended disciplinary action against Mr Makwakwa, but it has none the less been criticised by campaigners and politicians in South Africa for being too soft. 

Hogan Lovells had to account for the way it conducted its SARS investigation to a South African parliamentary committee last month. After Hogan Lovells’ investigation, Mr Makwakwa was later acquitted by an internal SARS inquiry and reinstated as its deputy chief in October last year following a suspension. 

No action was taken against Ms ­Elskie and nor was any recommended by Hogan Lovells.

Lord Hain is understood to have evidence from South Africa substantiating allegations of corruption against SARS, which he believes should have been uncovered by Hogan Lovells and ­reflected in its report.

South Africa’s president Jacob Zuma

Credit:
Waldo Swiegers/Bloomberg

In the Lords this week, he will claim Hogan Lovells was “complicit” in ­undermining SARS and this in turn helped bolster President Zuma and his associates the Guptas.

Lord Hain has asked the SRA to consider sanctioning Hogan Lovells or its leading partners.

Possible sanctions could include striking off individual lawyers or referring the firm to a disciplinary tribunal. Lord Hain was a leading campaigner against South Africa’s apartheid ­regime. He led opposition to tours by the South African tennis, rugby and cricket sides. 

In response to previous criticism of its investigation into SARS, Hogan Lovells has said its scope was “limited to identifying whether any misconduct had been committed by Mr Makwakwa and Ms ­Elskie as employees of SARS”.

“It did not seek to directly investigate the financial transactions identified by the FIC. We understand that all criminal-related allegations arising from the FIC report were referred to the relevant authorities for investigation,” it added. Hogan Lovells said SARS conducted its own internal disciplinary procedures after its report, which acquitted Mr Makwakwa of all charges.

An SRA spokesman said: “We take all complaints seriously and will look at any evidence given to us about alleged misconduct.” 

The Gupta brothers and Mr Zuma have repeatedly strongly denied wrongdoing and said they are the victims of a “politically motivated witch-hunt”. Last week, Coca-Cola’s South African businesses and energy giant Sasol said they would not award new business to McKinsey until a corruption inquiry into its work was concluded.

McKinsey has previously apologised for making “several errors of judgment” in its work with firms linked to the Gupta family but said it has found no evidence of corruption or bribery.

HSBC and Standard Chartered said they had shut accounts they believe are linked to the Guptas and are committed to combating financial crime.

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Firms impose new charges to dodge ban on credit card fees 

  • Soon companies won’t be able to add extra if someone pays by credit card
  • Yet there are no obstacles to adding a fee as long as it applies to everyone
  • So businesses, like Just Eat, will now add a service charge for every transaction

James Burton And Ruth Lythe For The Daily Mail

Firms are set to pocket millions of pounds by introducing rip-off charges to get around a ban on credit card fees.

From today, businesses are forbidden from imposing an extra charge if someone pays for a product or service by credit card.

Companies have always insisted the charges were only imposed to cover the extra fees they had to pay for the cost of processing credit card payments. Campaigners, however, said they were hugely inflated and a brazen customer rip-off.

It was hoped that the ban would save consumers £473million a year.

Firms are set to pocket millions of pounds by introducing rip-off charges to get around a ban on credit card fees

Firms are set to pocket millions of pounds by introducing rip-off charges to get around a ban on credit card fees

Firms are set to pocket millions of pounds by introducing rip-off charges to get around a ban on credit card fees

But it has now emerged that some firms are trying to get around it. Travel agents, takeaway firms, airlines and football clubs have already admitted the dodge.

Although the new rules ban discrimination against anyone using a particular form of payment, there are no obstacles to adding an extra fee as long as it applies to everyone equally.

Businesses have seized the opportunity to charge more, imposing new ‘service charges’ or extra commission to ensure they don’t lose out.

MPs and campaigners last night slammed firms for trying to get around the ban, saying their plans were deeply cynical.

Hannah Maundrell, of comparison website Money.co.uk, said: ‘This makes a mockery of the law which is trying to protect us from getting ripped off.’

Takeaway delivery business Just Eat was one of the first to announce a fee hike in the wake of the European Union-wide ban.

It previously charged 50p when a card was used to book an order, but has now imposed this ‘service charge’ on all orders.

Research by Barclays investment bank suggests the new charges will add as much as £15million to revenues because customers who pay with cash will now be charged extra.

Travel agents thought they would face a tight squeeze with the new rules. According to accountant RSM, the industry is braced for a £150million hit.

But a survey by data company Wex found that 21 per cent of agents expected to charge all customers a new ‘booking fee’ to recover their profits.

Takeaway delivery business Just Eat was one of the first to announce a fee hike in the wake of the European Union-wide ban

Takeaway delivery business Just Eat was one of the first to announce a fee hike in the wake of the European Union-wide ban

Takeaway delivery business Just Eat was one of the first to announce a fee hike in the wake of the European Union-wide ban

And another 29 per cent said they will put up the overall cost of holidays.

As long ago as August, the Association of Independent Tour Operators (AITO) told the 122 holiday firms it represents to introduce a flat 0.5 per cent commission on all bookings received through travel agents.

Kate Kenward, of AITO, said: ‘Members are bound by our code of conduct and provide their specialist holiday services over and above the requirements of the package travel regulations and other legal requirements.’

Airlines could employ the same tactic. Ryanair only stopped charging 2 per cent per booking this week – at the last possible moment.

But boss Michael O’Leary is widely expected to put up prices elsewhere.

Alex Paterson, a transport analyst at Investec bank, said: ‘Currently, businesses can only pass on payment charges that genuinely reflect their costs.

‘Many airlines charge in excess of this, with Ryanair charging 2 per cent, and we expect them to increase underlying prices to compensate.’

A Ryanair spokesman said: ‘We don’t comment on analyst speculation.’ There are also reports of football clubs adding flat fees to avoid a profit hit. 

Swansea City is forcing fans to pay as much as a £2.50 fee a ticket even if they hand over cash at the counter, on top of the advertised price. It triggered a backlash from fans, who branded the club ‘a joke’.

Swansea City is forcing fans to pay as much as a £2.50 fee a ticket even if they hand over cash at the counter, on top of the advertised price

Swansea City is forcing fans to pay as much as a £2.50 fee a ticket even if they hand over cash at the counter, on top of the advertised price

Swansea City is forcing fans to pay as much as a £2.50 fee a ticket even if they hand over cash at the counter, on top of the advertised price

Swansea said the changes were ‘largely due to the new Government legislation’.

And a source close to the club said they believed rival teams could follow suit in coming days.

The taxman has also been attacked for hypocrisy after HMRC stopped taking credit cards to avoid the extra cost of paying providers’ fees itself.

However, an MP gave a stern warning to companies trying to dodge the rules.

Speaking in a personal capacity, Rachel Reeves, chairman of the business select committee, said: ‘Companies should not be fleecing customers by charging an additional fee in an attempt to get around the ban.

‘The effectiveness of the ban should be monitored by the Government and the regulator.’

She added: ‘If necessary, they must take action to stop companies from shamelessly misleading customers.’

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Law Firm Carothers DiSante & Freudenberger LLP Welcomes New Partner

Teresa W. Ghali

Teresa W. Ghali

SAN FRANCISCOJan. 11, 2018PRLog — Carothers DiSante & Freudenberger LLP (CDF), an award-winning California employment, labor and immigration law firm recognized for protecting California employers for more than 20 years, announces the promotion of Teresa W. Ghali to Partner in its San Francisco office. In her new leadership capacity, Ghali will advise and defend California employers against class actions and single plaintiff claims in federal and state courts, as well as administrative proceedings before the EEOC, DLSE, and DFEH.

Ghali’s areas of practice include class actions, wage and hour issues, EEO litigation, and wrongful termination litigation. Her recent successes as an experienced trial and appellate attorney include obtaining: denial of class certification in Duran v. U.S. Bank (Alameda Cty. Sup. Ct. 2016); class decertification in Trahan v. U.S. Bank (N.D. Cal. 2015); and summary judgment in a single plaintiff wrongful termination action, Parker v. Comcast (N.D. Cal. 2017).  Ghali has also resolved wage and hour claims before state administrative agencies and settled numerous single plaintiff lawsuits prior to and during litigation.

“Teresa possesses and exemplifies the characteristics we’re seeking in a partner,” said CDF Northern California Labor Litigator Partner Mark S. Spring. “Since joining our firm, she has repeatedly proven her aptitude and knowledge. We have no doubt that with Teresa joining our firm partnership, our Bay Area office will keep thriving and delivering outstanding results to our clients.”

Ghali is a regular contributor to the California Employment Law Letter, a biweekly newsletter that keeps California in-house counsel, managers and HR professionals apprised of new statewide employment laws and developments. In 2010, Ghali spent two months as a volunteer Deputy District Attorney in Marin County, and in that capacity, prosecuted five jury trials and a bench trial to verdict.

Her stellar track record of defending employers in employment, breach of contract, and insurance matters has earned Ghali her place on the Super Lawyers Northern California Rising Star list for the past eight years, a recognition bestowed upon less than 2.5 percent of attorneys in each state.

Ghali graduated from the University of California, Berkeley School of Law (Boalt Hall), where she served as editor of the Asian American Law Journal and was a board and founding member of the Chinese Law Society. She is also the recipient of the American Jurisprudence Awards in the Global Migration Seminar & International Human Right Clinic. Ghali received her Bachelor of Arts degree in English and Spanish from University of California, Berkeley, where she graduated summa cum laude and Phi Beta Kappa.

About Carothers DiSante & Freudenberger LLP

For more than 20 years, Carothers DiSante & Freudenberger LLP has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance.  The firm has five offices throughout California – in Sacramento, San Francisco, Los Angeles, Orange County and San Diego. For more information, visit: http://www.CDFLaborLaw.com and find CDF on LinkedIn or Twitter to learn more about how the firm protects California employers.

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Downtown Durham Gets 20 Trees from Law Offices of James Scott…

James Scott Farrin employees and other volunteers came out to Burch Avenue Park in downtown Durham to plant 20 Ginkgo trees along Burch Avenue and Wilkerson Street to commemorate the 20th anniversary of the Law Offices of James Scott Farrin.

DURHAM, N.C. (PRWEB) January 11, 2018

Employees of the Law Offices of James Scott Farrin and others came out to Burch Avenue Park in downtown Durham to plant 20 six-foot-tall Ginkgo trees to commemorate the 20th anniversary of the personal injury law firm.

The trees were planted on Burch Avenue near the Immaculate Conception Catholic Church and the Emily Kryzewski Family Life Center.

Volunteers included the Tree Keepers, staff from Keep Durham Beautiful, and the City of Durham, as well as President and Founder, James S. Farrin and several law firm employees. Farrin was presented with the first tree.

“These trees symbolize our roots in Durham and the growth we have enjoyed, as well as our commitment to a greener future,” Farrin said.

Since its inception in 1997, the Law Offices of James Scott Farrin has recovered in excess of $700 million* for more than 30,000 clients in North Carolina. Plus, the firm helped lead a team of law firms in obtaining a historic $1.25 billion settlement* for 18,400 claimants who were discriminated against by the United States government.

The firm embraces and promotes ample opportunities for social and community involvement among its employees. Environmental friendliness has become a large part of this community effort. So when the 20th anniversary celebration was being discussed, it came naturally to firm employees to give back to the community in a very environmentally friendly and long-lasting way. Plant 20 large trees in downtown Durham – where the firm (among the largest in North Carolina) has had its roots since 1997. The firm donated funds to Keep Durham Beautiful who purchased the 20 Ginkgo trees from Tree Keepers.

Their environmental “Green Team” has a very large representation with about 50 employees strong. In one of the team’s first efforts, they stopped using Styrofoam cups in all state-wide offices. They estimate they have saved the planet from 27,000 cups in just two years – an amount as tall as 10 Eifel Towers by their estimation.

According to the firm, employees also try to be aware of paper usage, which can be difficult for a law firm. They have reduced paper consumption by transitioning some of their more paper-focused firm processes to electronic communications and they say they are making strides in these efforts. Other pro-environmental efforts include:

  • Organizing the firm’s first annual Earth Day event at the American Tobacco Campus, where more than 200 people and 11 eco-minded businesses and non-profits attended.
  • Adopting easier, more efficient, and more user-friendly recycling stations.
  • Composting food waste and coffee grounds. The firm estimates that over 500 lbs. of food waste has been diverted away from the landfill since they began composting a few months ago. Compost Now (the company they use to compost) said the firm has avoided releasing 68 lbs. of methane from entering the atmosphere which is equivalent to taking a car off the road for almost 3,000 miles.
  • Adopting a one-mile stretch of Walnut Creek Trail in Raleigh for regular clean ups, and promoting environmental clean-up outings for employees and their families.
  • Promoting alternative transportation among employees to help reduce carbon emissions.
  • Using a car fleet with an EcoBoost option to help reduce carbon emissions.
  • Shredding documents through a service that recycles.

Visit James Scott Farrin Facebook for photos of the James Scott Farrin 20th anniversary tree planting in downtown Durham.

*Each case is unique and must be evaluated on its own merits. Prior results do not guarantee a similar outcome. Re Black Farmers Discrimination Litigation, the Law Offices of James Scott Farrin led a team of firms to recover $1.25 billion for African-American farmers from the U. S. government for discrimination.

ABOUT THE LAW OFFICES OF JAMES SCOTT FARRIN

The Law Offices of James Scott Farrin is headquartered in the American Tobacco Historic District, adjacent to the Durham Bulls Athletic Park, in Durham, North Carolina, with 13 additional offices statewide in Charlotte, Fayetteville, Greensboro, Greenville, Goldsboro, Henderson, New Bern, Raleigh, Roanoke Rapids, Rocky Mount, Sanford, Wilson, and Winston-Salem. The firm’s 44 attorneys focus on the following practice areas: Personal Injury, Workers’ Compensation, Social Security Disability, Eminent Domain, Intellectual Property, Civil Rights, Mass Torts, and Products Liability. Seven of the attorneys are North Carolina Board Certified Specialists in Workers’ Compensation Law and one is a North Carolina Board Certified Specialist in Social Security Disability Law. The Law Offices of James Scott Farrin is involved in the community, including sponsorship of local philanthropic organizations.

Contact Information:

David Chamberlin

280 S. Mangum Street, Suite 400

Durham, NC 27701

866-900-7078

http://www.farrin.com

For the original version on PRWeb visit: http://www.prweb.com/releases/2018/01/prweb15053302.htm


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