Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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FTC doesn't get that transfer of servicing is frequently where MSF starts for many folks.....

FTC offers advice to homeowners whose lender failed

December 20th, 2007 · posted by Mary Ann Milbourn

Thousands of homeowners have been left in the dark this year after their mortgage lender closed down with no one to answer calls about servicing.

The Federal Trade Commission, which oversees consumer affairs, now has a pamphlet advising homeowners what to do if they find themselves in this situation.

The pamphlet, called “How to manage your mortgage if your lender closes or goes bankrupt,” covers servicing transfers, escrow accounts and payment disputes.

You can download the four-page pamphlet from the FTC website. It also can also be ordered through the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Ave., N.W., Washington, DC 20580 or by calling the FTC’s toll-free line, 877-382-4357.
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The FTC gets it real well they teach the criminals how to steal and get away with it!

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americanconference com pdf 823l06 veg pdf

Page 1
ANTI-PREDATORYLENDING COMPLIANCE ANTI-PREDATORYLENDING COMPLIANCE 8th National Forum on Get the practical advice on the biggest challenges facing consumer lenders today:

• The impact of the HMDA data release on predatory
lendinglegislation and claims

• The outlook for Ney/Kanjorski as the new federal

• Updates on federal enforcement -– the latest initiatives and
regulatory requirements

• Auditing your procedures for complying with the
proliferation of state predatory lending laws

• Ensuring marketability on the
secondary market

• Methods for avoiding predatory allegations when marketing
so-called "exotic" productsRegister Now

• 888-224-2480

• 17th– 18th, 2005 Bellagio, Las Vegas, NV

Don’t Miss the Litigation Workshop on November 17th: The A-Z Guide to
Defending Class Actions Stemmingfrom Predatory Lending Allegations and HMDA Data Risk Avoidance Strategies to Protect Your Institution from Enforcement Actions and Financial LiabilityLearn from Industry Leaders American General Finance,Ameriquest Mortgage Company,Board of Governors of the Federal Reserve, California Department of JusticeDepartment of Housing and Urban Development Fannie Mae,
Federal Trade Commission,Fitch Ratings,Goldman Sachs,Irwin Home Equity,Mavent,Moody’s Investors Service,Office of Thrift Supervision,Option One Mortgage Company,Select Portfolio Servicing,Wachovia Corporation EARN CLEETHICS CREDITS Premium Exhibitor:

Page 2
The landscape of anti-predatory lending legislation is being shaped by
the controversy surrounding the 2004 HMDA data release, efforts at
federal preemption, and aggressive plaintiffs’ counsel. With federal and
state enforcement on the rise, it’s not enough to simply be aware of the state of affairs. You must have a keen understanding of the policy underlying the interplay between the federal, state and local laws in order to craft a
strategic approach to compliance.ACI’s 8thNational Forum on Anti-Predatory
Lending Compliance willprovide the most up-to-date, in-depth and practical
information you need to avoid accusations and subsequent liability for predatory practices. The expert faculty will guide you through:

• How consumer advocates, federal enforcement agencies, state AGs and the plaintiffs’ bar will utilize the HMDA data to support claims of predatory lending

• The impact of the most recent
federal preemption proposals, including the Ney/Kanjorski and Miller/Watt/Frank

• Federal regulatory guidance regarding high-risk loans

• Marketing tactics lenders need to take when pushing new loan products

• An assessment of current "borderline" activities that may trigger predatory lending accusations

• Steps buyers and sellers in the secondary market must take to protect themselves from ratings drops and market withdrawals

• How the notion of suitability ties into
the market and will refuel the predatory lending debateThis program is the
industry event of the year. And, by attending this eventand ACI’s Corporate
Counsel Forum on HMDA on November 15thand 16th,you will take advantage of a true "one-stop shop" for comprehensive guidanceto regulatory and compliance updates, as well as cutting-edge defense strategies.This insider’s view on preparing for the next wave of claims is also an excellentopportunity to network with colleagues from across the country. Reserve your spot at this comprehensive event by registering early!

Call 1-877-224-1563, fax your registration to 1-877-927-1563, or register on-line at now: 888-224-2480 • fax: 877-927-1563

• works closely with each
sponsor to create a distinctive package tailored to individual marketing and
businessdevelopment objectives. Our objective with every sponsor is to foster a rewarding and long-term partnership through thedelivery of a wide variety of sponsorship benefits and thought leadership opportunities. For more information, pleasecontact: Benjamin Greenzweig, Manager, Business Development, US (212) 352-3220 ext. 238 orB.Greenzweig@AmericanConference.comSPONSORSHIP


• In-house Counsel

• Regulatory Counsel

• Directors/Managers

• Mortgage Brokers

• Attorneys Acting forConsumer Lenders A MUST
ATTEND EVENT FOR Accreditation will be sought in thosejurisdictionsrequested by registrants which have continuing legal education requirements. To request credit, please check the appropriate box on the Registration Form.ACI certifies that this activity hasbeen approved for CLE credit bythe State Bar of California in theamount of 10.0 hours, 1.0 of whichwill apply to legal ethics. An additional 3.5 hours will apply toworkshop participation. ACI certifies that this activity hasbeen approved for CLE credit bythe New York State ContinuingLegal Education Board in theamount of 12.0 hours, 1.0 of which will apply to legal ethics. Anadditional 4.0 hours will apply toworkshop participation.CONTINUING LEGAL CREDITSAre You Unknowingly Exposing Your Institution To Predatory Lending Allegations? EARNCLEETHICSCREDITS"This conference wasexactly what I would have asked for"Dennis A. Hughes, ComplianceDirector, The Bohan Group (Nov. 04)

Page 3
Register now: 888-224-2480 • fax: 877-927-1563 •

12:00 Conference Registration

1:00 Conference Chairs’ Opening Remarks Donald C. Lampe Partner, Womble
Carlyle Sandridge & Rice, PLLC (Charlotte, NC)Loretta SalzanoPartner, Franzén & Salzano P.C. (Atlanta, GA)1:15Fuel on the Fire: How the HMDA Data Release Will Impact the Predatory Lending Landscape Therese G. FranzénPartner, Franzén & Salzano (Atlanta, GA)Paul Hancock Partner, Hogan & Hartson L.L.P. (Miami, FL)Frank HirschPartner, Nelson Mullins Riley & Scarborough, LLP(Raleigh, NC)The 2004 HMDA data provides a tremendous amount ofnew ammunition for predatory lending allegations. Because

the data is easily manipulated, it can be interpreted tosupport charges of illegal conduct even where there is none.Moreover, there is still confusion over which institutions areimpacted by the HMDA fallout. This session will give you insights into how consumer advocates, federal enforcement agencies, state AGs and the plaintiffs’ bar will utilize the HMDA data to support claims relating to:

• Overcharging on points,
fees and add-ons

• Loan flipping

• Equity stripping

• Forced-placed items (insurance, disability)

• Prepayment penalties

• Balloon payments


• FTC Act The class action requires exceptional and specific skills inresearching, writing, lawyering, and client contact. This workshop will give you a comprehensive overview of eachstep in the process of defending class actions in consumer lending, with an emphasis on understanding procedural rules. You will leave this workshop equipped with a full comprehension of:

• How in-house and
outside counsel can work together forthe best result in class actions

• The
impact of the Class Actions Fairness Act

• Analyzing the claim and preparing for
litigation- initial review and risk analysis- management/operational
participation- analyzing potential monetary exposure- due diligence and
liability analysis- initial strategic and tactical planning includinganalysis of
competing actions and potential resjudicata effect of other actions-
investigating class representatives and class counsel- retaining expert
witnesses- public and customer relations contingency plans- preparing legal
budgets and reserves- providing notice to insurance carriers and brokers-
preliminary negotiations/discussion with class counsel

• Effective discovery tactics for class actions- collecting and preserving relevant documents and electronic data - avoiding the spoliation trap- negotiating scheduling and case
management orders- bifurcation of discovery into class and merits-relatedphases- discovery of class representatives- investigating specific class members to identify diversefact patterns

• Fighting class certification and other pre-trial
motions- class certification hearings (the "real" trial)- permitted discovery-
strategic use of expert witnesses at the classcertification stage- class notice
- case management and budgetary considerations

• Settlement and other exit
strategies- mediating class actions- when to evaluate settlement- settlement notices- negotiating attorneys fees- coupon settlements- limiting the risk of opt-outs- dealing with objectors- fairness hearings- settlement administration issuesTake advantage of this unique opportunity to learn from class action veterans who will guide you through thiscomplex legal process, answer your specific questions, and give you the tools to fully analyze and litigate your next consumer lending class action in a strategic fashion.Thursday, November 17th, 2005

8:30 a.m. - 12:00 p.m. (Registration begins at 8:00 a.m.)Hands-On
Litigation Workshop: The A-Z Guide to Defending Class Actions Stemming from Predatory Lending Allegations and HMDA DataThomas D. GraberDeputy General Counsel American General Finance Corp. (Evansville, IN)Brian P. BrooksPartner, O’Melveny & Myers LLP (Washington, DC)Matthew P. McGuirePartner, Nelson Mullins Riley & Scarborough LLP(Raleigh, NC)Anthony Rollo Partner, McGlinchey Stafford LLP (New Orleans, LA)

Page 4
Register now: 888-224-2480 • fax: 877-927-1563

• Single Federal Standard? An Update on Ney/Kanjorski and Other Preemption DevelopmentsVan BeckSenior Vice President & Assistant General Counsel Wachovia Corporation (Charlotte, NC)Donald C. Lampe Partner Womble Carlyle Sandridge & Rice, PLLC(Charlotte, NC)Jeremy T. Rosenblum Partner Ballard Spahr Andrews & Ingersoll, LLP(Philadelphia, PA)Moderator Andrew Sandler Partner Skadden, Arps, Slate, Meagher & Flom LLP (Washington, DC)

• The most recent federal legislative proposals including an
update on:- the Ney/Kanjorski bill (H.R. 1295 – The ResponsibleLending Act)- the Miller/Watt/Frank bill (H.R. 1182 –The ProhibitPredatory Lending Act)- who is supporting each bill?- how each of the bills will impact the industry

• Update on
other congressional action to amend HOEPA & preemption of various state/local

• Agency positions on preemption

• Update on suits against the New York
Attorney Generalby the OCC and Coalition of National Banks

• The most recent
preemption pronouncements (includingthe effects of the Wachovia case)

• Remaining
federal depositories’ concerns

• Does preemption give national banks the
opportunity toincrease or charge fees that are currently restricted?

• The latest
examination guidelines – what are the regulators looking for?

3:15Coffee Break Q

3:30Federal Legislative & EnforcementInitiatives Against Predatory
LendingRobert AverySenior EconomistMonetary and Financial Studies
SectionDivision of Research and StatisticsBoard of Governors of the Federal
ReserveBryan GreeneDirector of Policy and Program EvaluationOffice of Fair
Housing and Equal OpportunityDepartment of Housing and Urban
Development(Washington, DC)Mariana RexrothSenior Compliance Examiner Office of Thrift Supervision (San Francisco, CA)Peggy Twohig Assistant Director for Financial PracticesBureau of Consumer ProtectionFederal Trade Commission (Washington, DC)ModeratorPaul Hancock Partner, Hogan & Hartson L.L.P. (Miami, FL)

• Clarifying the gray areas in the latest regulatory requirements

• Current enforcement activities

• HMDA data release: an inside view on "why now?" and the ramifications for the mortgage industry

• Status of RESPA reforms and enforcement

• Regulatory guidance for high-risk loans- TILA reforms – will the
regulatory maze be simplified? - how FHA regulations will be enforced given
latest developments

4:30 Inching Towards a Uniform Standard: TheState of State Predatory Lending Legislation Benjamin Diehl Deputy Attorney General California Department of Justice (Los Angeles, CA)Brendan KenneallyAssociate Director, Government RelationsIrwin Home Equity (San Ramon, CA)Michael Knudsen President, Knudsen & AssociatesOf Counsel, McDonough Holland & Allen PC(Sacramento, CA)Moderator Roy W. ArnoldPartner, Reed Smith L (Philadelphia, PA)

• Developing compliance/licensing programs for lenders on the state and local level

• Specified licenses and affiliated lending structures

• Recent amendments to regulations and statutes

• Definitions of high-cost loans by state- fees that go into the calculation

• How state laws differ from federal standards

• Interpretation of laws in states with mature legislation

• The status of regulation in key localities

• The impact of widespread adoption of wild card statutes on reciprocal treatment

• Multi-state AG actions on:- alleged bait and
switch tactics- stated document loan misrepresentations- appraisal inflation

• Abusive and excessive fees – analysis of state laws and how they differ from federal standards

• How state preemption of local predatory lending laws plays out

• How state legislative efforts impact the availability of credit

• What
questions remain on how state legislation hashelped and hurt consumers and the industry?

5:30 Conference Adjourns to Day 2

Page 5
Register now: 888-224-2480 • fax: 877-927-1563 • Friday, November 18, 2005

8:30Chairs Recap of Day 1

8:45 Ensuring Compliance in the Marketing and Disclosures of Complex
Sub-Prime Loan Products Jonathan Jaffe Partner, Kirkpatrick Lockhart Nicholson & Graham LLP(San Francisco, CA)Brad Blower Of Counsel, Relman & Associates(Former Senior Attorney, Bureau of Consumer Protection, FTC)(Washington, DC)Raymond A. Chenault Partner, McGlinchey Stafford, LLP(Former Assistant General Counsel, ConsumerFinance Litigation Bank of America) (New Orleans, LA)This panel will focus on the marketing tactics lenders need to heed when pushing new loan products. State AGs, federal regulators, and consumergroups are wary of zero-down loans,balloon payments, interest-only financing, negative amortizationloans and other products. Thus, it is vital for both in-house as well as outside counsel to have a clear understanding of how best to draft descriptions and disclosures for these complex products,particularly because they often are marketed to unsophisticated borrowers. You will receive strategies

• Specific information that must be clearly stated in the disclosures

• Ensuring the document accurately reflects higher risks to the borrower

• Understanding the risks presented when the borrower signs on without full
knowledge of potential negative consequences

• Advertising new, exotic or non-traditional products- awareness methodologies- responsibilities of the lender - which federal and state guidelines must be followed in advertising
these products in various media?

9:45 Understanding the Sources of FutureClaims: Products and Actions that are Sparking the Attention of Plaintiffs and Consumer Advocates Jim Gazdecki Vice President – Government RelationsOption One Mortgage Corporation (Irvine, CA)Kathleen Keest Senior Policy Counsel, Center for Responsible Lending(Durham, NC)Ira Rheingold Executive Director & General Counsel National Association of Consumer Advocates(Washington, DC)Pamela D. Simmons Partner, Simmons & Purdy (Soquel, CA)

• Update on the latest predatory lending claims from:- the plaintiffs’ bar- consumer advocates - coalitions amongst advocates, plaintiffs, state AGs,federal and state regulators- projected claims for 2006 and beyond

• An examination of new loan products that will pave
theway for the next wave of predatory lending claims:- stated income loans- interest-only loan programs- option ARMs- balloon payments- open ended loans evading HOEPA- foreclosure rescue companies borrowing with"purchase money loans" from lenders- mortgage broker fraud- broker monitoring

• An assessment of current "borderline" activities that maytrigger predatory lending accusations:- bait and switch tactics- stated document loan misrepresentations- appraisal inflation- appraisals - prepayment fees- HELOCs that push the HOEPA envelope- use of YSPs as incentive for mortgage brokers – does this encourage fraud?

• Foreclosure mitigation- working with borrowers to avoid foreclosure- how to keep interest-only and balloon loans fromexacerbating the problem- assessing the disproportionate impacting of foreclosures on minoritiesdetermining when it is responsible to offer productsthat push monthly payments down and put off the ultimate obligation- is the current low rate of foreclosures a good or bad omen?

• Constituents’ positions on the proper balance betweenproviding credit for
underserved groups while protectingconsumers from deceptive and abusive

11:00 Coffee Break Q

11:15 Assignee Liability, Ensuring
Marketability,and Other Due Diligence ConsiderationsRelating to the Secondary Market John Cassidy Regulatory Manager, FICC Structured Products Group Goldman, Sachs & Co. (New York, NY)Keren GabayAssociate Analyst, Structured Finance Group – RMBS Moody’s Investors Service, Inc. (New York, NY)Scott Mason Director, Residential Mortgage Group Standard & Poor's (New York, NY)Diane Pendley Managing Director, Fitch Ratings (New York, NY Jon Seward Vice President & Deputy General Counsel, Fair LendingFannie Mae (Washington, DC) Anand S. RamanCounsel, Skadden, Arps, Slate, Meagher & Flom LLP(Washington, DC)

Page 6
Register now: 888-224-2480

• fax: 877-927-1563

• Moderator Stephen Ornstein Partner Thacher Proffitt & Wood LLP (Washington, DC)

• Risks and consequences of acquiring loans
subject to anti-predatory lending laws- establishing an analytical framework for evaluating regulated loans

• The applicability of the Fair Housing Act and
predatory legislation to purchasers and securitizors of mortgage loans

• Potential assignee liability under TILA and RESPA

• Update on class actions and other enforcement actions against assignees

• Factors utilized by the rating agencies in analyzing certain loan portfolios

• What to do when rating agencies won’t rate your loans due to state and local regulations

• Steps buyers and sellers in the
secondary market must take to protect themselves from ratings drops and market withdrawals- when won’t Fannie and Freddie purchase loans?- insights into the latest changes and new GSE regulations

• Investors’ and underwriters’ obligations
to conduct duediligence prior to purchase or securitization- what investigation processes should you implement?- when is there an obligation to audit the loans already in your portfolio?

• Steps to mitigate risk of liability- avoiding
reliance upon representations and warranties- reviewing form documents-
conducting extensive, and random, due diligence

12:45 Networking Luncheon

2:00Compliance Auditing: Ensuring That Your Procedures Prevent Exposure
to Predatory Practices Dale SugimotoSenior Vice President and Chief Risk
OfficerOption One Mortgage Company (Irvine, CA)Jean NoonanPartner, Hudson Cook, LLP (Washington, DC)Loretta Salzano Partner, Franzén & Salzano (Atlanta, GA)Moderator Michael Benoit Executive Vice President & Chief Legal Officer Mavent, Inc. (Irvine, CA)

• Setting and evaluating thresholds and triggers

• Implementing an auditing taskforce

• Compliance training programs – what must be taught

• Monitoring for "high cost" loan provisions and conditions

• Keeping up with regulatory changes: compliance resources- traps to avoid when dealing with overlapping regulation

• Ensuring your compliance program meets CRA obligations in
light of local and state laws

• The impact of class actions on compliance

• Understanding and complying with "gray area" standards

• Establishing controls and monitoring loan officers andbrokers to prevent misconduct allegations based uponpoints, fees, overages and YSPs- the adequacy of your contractual documentation- due diligence requirements- indemnification rights- utilizing the broker channel to limit exposure- recognizing broker misrepresentations

3:10 Implementing "Suitability" as a Standardf or High-Cost Home Lending Brad Blower Of Counsel, Relman & Associates(Former Senior Attorney, Bureau of ConsumerProtection, FTC)(Washington, DC)Bennet KorenPartner, McGlinchey Stafford LLP (New Orleans, LA)Jacob Thiessen, Ph.D.Buckley Kolar LLP (Washington, DC) Moderator Donald C. Lampe Partner, Womble Carlyle Sandridge & Rice, PLLC (Charlotte, NC)This interactive roundtable discussion will address the crucial, but often understated, issue behind much of the predatory lending debate - that of suitability. In light ofthe recent surge of complex and high-risk loan productsavailable, the continued strength of the housing market,and the ongoing threat that the real estate bubble may burst, this session will cover the issues that predatory lending legislation (on any level) has not directly addressed: is the "real" goal of predatory lending legislation to create a suitability requirement for mortgage loans? Does that mean that some borrowers who do not have stereotypically "good" credit, assets, or net worth will not realistically be able to "live the American dream" andpurchase a home? What are the implications of thispossibility for the industry? Items for discussion include:

• How the notion of suitability ties into the market and will refuel the
predatory lending debate

• Going beyond the "damned if you do, damned if you don’t" polemic

• Addressing "unsuitability" by emphasizing long-term over
short-term economic incentives for market participants

• The feasibility of a
net worth requirement to clean upthe mortgage broker arena by creating
disincentives for passing off "bad loans" as good ones

• Exploring the connection between mortgage lenders,mortgage brokers and sufficient capitalization

• Solutions to consider- creating a market requirement that all
industryparticipants have a stake in the game long-term- should the government have a long-term standard?- defining "suitable" - how can this be legislated?-
should this be legislated?


Page 7
Register now: 888-224-2480 • fax: 877-927-1563

• American

4:15 Industry Best Practices for
Implementing the Latest Anti-Predatory Lending Requirements Adam J. Bass Senior Executive Vice President & General Counsel Ameriquest Mortgage Company, Co. (Orange, CA) Robert J. Holz Executive Vice President, General Counsel Select Portfolio Servicing, Inc. (Salt Lake City, UT)William SmithVice President, General Counsel Option One Mortgage Corporation (Irvine, CA)

• Analysis of the latest company and trade group best practices in light of:- HMDA- new state legislation- federal legislation coming down the pipeline

• Pros and cons of placing caps on- pricing- broker discretion- pricing lists- compensation- others- effects on both retail side and wholesale side

• Dealing with a "credit counselor requirement" - voluntary vs. mandatory requirement- where do you need certification?

• Identifying the primary sources of violations that lead to litigation - enforcement actions to be on the lookout for in the coming months- factors that trigger enforcement actions - best methods of negotiating with officials after the commencement of an action

• Class action suits on the horizon - enforceability of class action waivers

•Trends in arbitration- is it advisable to arbitrate predatory lending claims?- best drafting methods for arbitration clauses- are arbitration clauses enforceable? - is it a "poison pill?"

• Document
and data retention management to protect the attorney-client privilege- how discoverable is your analyzed data by a third party?

• The insurance coverage conundrum- maintaining your institutions’ ability to be covered in the wake of predatory lending claims- how to work with your insurance broker on maximizing your plan to ensure better coverage

• Handling pre-approval requirements: agency
or credit counselor- what does pre-approval mean in business and liability

• Implementing basic consumer education programs as part of certain loans-
what should be covered- what are your obligations

• Girding for the worst: preparing your institution for the potential "bursting bubble"

5:30Conference Concludes

Are You Prepared To Weather the Fallout From the Federal Reserve's Analysis of HMDA Data? Be sure to get the insight you need to defend against the latest ammunition in the predatory lending battle by attending ACI's 2nd National
Corporate Counsel Forum on HMDAInterpreting Data

• Avoiding Enforcement Actions

• Preparing For LitigationNovember 15-16, 2005 – Wynn Las Vegas, NV Agenda at-a-glanceIn-Depth Workshop: Monday, November 14, 2005HMDA Messaging in the Wake of Publication: Creating an EffectingStakeholder Communication Program to Address ExposuresTuesday, November 15, 2005

8:00 Registration Opens

9:00 Conference Chairs' Opening Remarks

9:15 The Changing Landscape of Mortgage Lending: Understanding the Interplay of HMDA Data, Predatory Lending and Fair Lending

10:00 HMDA Data Analysis: Interpreting the Pictures Painted by Public

11:15 Networking Break

11:30 Federal Legislative & Enforcement Initiatives
Arising from the Collection of HMDA Data

1:00 Networking Lunch

2:15 State
Enforcement and Legislation in the Wake of HMDA

3:15 Behind-the-Scenes View of
Plaintiff Strategies for HMDA-Related Cases

4:30 Refreshment Break

4:45 Measure of Damages: An Investigation into the Financial Consequences of HMDA

5:30 Conference Adjourns to Day 2 Wednesday, November 16, 2005

9:00 Co-Chairs' Recap and Introduction to Day Two

9:10 Defense Strategies for Countering HMDA-Based Claims

10:45 Coffee Break

11:00 The Consumer Advocate Perspective: Working With
the Lending Industry For Common Solutions12:00 Networking Luncheon for Delegates
and Speakers

1:15 How the HMDA Data Impacts Fannie & Freddie and the Secondary

2:30 Refreshment Break

2:45 Internal Strategies for Minimizing "Bad" HMDA Data for New Loans

4:00 Conference EndsSpecial Pricing when attending both
Predatory Lending and HMDA(see back cover for details)For more detailed
information on the HMDA event, please view our website© American Conference Institute, 2005

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