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Is there only one class action lawsuit, or will we have a chance at recovering more of our lost money. Thanks.
I received my class action lawsuit info. 1.4c recovery. What a rip-off. There was a lot of money stolen here.
Just saw this - still have worthless EGMI shares in my brokerage account. Is is too late for me to recoup some of the losses? thank you
Court Imposes Injunction and $100,000 Civil Penalty Against Auditor Timothy Quintanilla
U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 23431 / December 16, 2015
Accounting and Auditing Enforcement Release No. 3728 / December 16, 2015
Securities and Exchange Commission v. Lee Cole, et al., Civil Action No. 12-CV-8167 (RJS)
Court Imposes Injunction and $100,000 Civil Penalty Against Auditor Timothy Quintanilla
The United States Securities and Exchange Commission announced that, on December 4, 2015, Judge Richard J. Sullivan of the U.S. District Court for the Southern District of New York issued a final judgment, on consent of defendant Timothy Quintanilla, which permanently enjoined him from violating the antifraud provisions of the federal securities laws and ordered him to pay a $100,000 civil penalty. Quintanilla was the former outside auditor of Electronic Game Card Inc. (EGMI). This final judgment fully resolves the enforcement action before Judge Sullivan, in which final judgments were previously entered against three other defendants, former CEO Kevin Donovan, Lee Cole (Donovan’s predecessor as CEO), and Linden Boyne (EGMI’s former CFO), who the Commission charged with violations of the securities laws’ antifraud provisions and other violations.
The Complaint, filed in November 2012, alleged that Quintanilla, as the engagement partner for EGMI, violated the securities laws by authorizing the issuance of unqualified opinions for the years 2006 through 2008 by the accounting firm Mendoza Berger & Co. LLP (“Mendoza Berger”). The Complaint alleged that in Mendoza Berger’s audit reports, Quintanilla knowingly misrepresented that it had conducted audits of EGMI’s financial statements “in accordance with the standards of the Public Company Accounting Oversight Board (United States)” (“PCAOB”) and that those statements “present[ed] fairly, in all material respects, the financial position” of EGMI. In the course of its audit work, Quintanilla and the audit team he supervised failed to properly investigate a series of red flags, any number of which, if appropriately pursued, would have quickly uncovered large-scale fraud in EGMI’s financial statements. Other evidence indicated that Mendoza Berger simply failed to audit significant portions of EGMI’s balance sheet. To conceal those failures, Mendoza Berger employees, under Quintanilla’s supervision, created and backdated documents for the EGMI audit file shortly before an inspection by the PCAOB in September and October 2009.
Without admitting or denying the allegations of the Complaint, Quintanilla consented to the final judgment which: (a) permanently enjoins him from violating Section 17(a) of the Securities Act of 1933, Sections 10(b), 10A(a)(1), and 10A(b)(1) of the Securities and Exchange Act of 1934, and Rule 10b-5 thereunder; and (b) orders him to pay a $100,000 civil penalty.
For further information see Litigation Release 22529 (November 9, 2012), 23099 (September 30, 2014).
http://www.sec.gov/litigation/litreleases/2015/lr23431.htm
July 30. 2014
Petrie v. electronic game card inc.
Petrie won appeal to continue case.
http://caselaw.findlaw.com/us-9th-circuit/1674097.html
Renee,
Thanks for post. I wonder how this effects the California suit.
We should be receiving some sort of settlement within the next
5 or 10 years!
EGMI CEO and CFO ordered to pay $29.6 million:
http://www.sec.gov/litigation/litreleases/2014/lr23099.htm
An earlier decision to dismiss the suit has been reversed according
to this document dated July 30, 2014:
http://securities.stanford.edu/filings-documents/1044/EGMI10_01/2014730_o01x_10CV00252.pdf
Looks like this case still alive...anyone know who respondents are?
EGMIQ SEC Admin Proceeding:
http://www.sec.gov/litigation/admin/2013/34-70240.pdf
I spoke with Mr.Zach at Rosen Law Firm this morning. He recommends that everyone fill in the forms on the link listed below. I believe he is in the process of selecting a lead plaintiff. Could be done as early as today. There are a few law suits in work. The first against the auditors and another against the company. GOOD LUCK TO ALL....
The Rosen Law Firm Files Securities Fraud Class Action Against the Former Auditors of Electronic Game Card Inc. -- EGMIQ
0 0 0 23
January 04, 2013 23:30 | Source: The Rosen Law Firm PA PC
NEW YORK, Jan. 4, 2013 (GLOBE NEWSWIRE) -- The Rosen Law Firm, P.A. announced today that it has filed a class action lawsuit on behalf of all purchasers of Electronic Game Card, Inc. (OTCBB:EGMIQ) (Pink Sheets:EGMIQ.PK) stock between April 5, 2007 and February 19, 2010 (the "Class Period").
To join the EGMI class action, go to the website at www.rosenlegal.com or call Timothy Brown, Esq. or Jonathan Horne, Esq. toll-free at 866-767-3653 or email tbrown@rosenlegal.com or jhorne@rosenlegal.com for information on the class action. The case is pending in the United States District Court for the Southern District of New York.
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY ALSO REMAIN AN ABSENT CLASS MEMBER AND DO NOTHING AT THIS POINT. YOU MAY ALSO RETAIN COUNSEL OF YOUR CHOICE.
The complaint charges Timothy Quintanilla and certain of the present and former partners of Mendoza Berger & Co., LLP ("M&B") with violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The complaint asserts that, during the Class Period, M&B, EGMI's independent auditor, issued materially false and misleading audit opinions certifying financial statements of EGMI, which misrepresented the Company's true financial condition. The Complaint alleges that on February 19, 2010 the Company filed an 8-K announcing that its auditors had withdrawn their audit opinions for Electronic Game Card, Inc.'s financial statements for the years ended December 31, 2006, 2007, and 2008.
A class action lawsuit has already been filed on behalf of EGMI shareholders. If you wish to serve as lead plaintiff, you must move the Court no later than March 5, 2013. If you wish to join the litigation or to discuss your rights or interests regarding this class action, please contact plaintiff's counsel, Timothy Brown, Esq. or Jonathan Horne, Esq. of The Rosen Law Firm toll free at 866-767-3653 or via e-mail at tbrown@rosenlegal.com or jhorne@rosenlegal.com.
The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation.
Timothy Brown, Esq.
Jonathan Horne, Esq.
The Rosen Law Firm P.A.
275 Madison Avenue, 34th Floor
New York, New York 10016
Tel: (212) 686-1060
Toll Free: 1-866--767-3653
Fax: (212) 202-3827
I have been in contact with Rosen over the last year and I signed
the consent form for inclusion in law suite.
You can contact Rosen and you can join the lawsuite, need to sign up by March 5th.
Rosen is going after the auditors as they have "errors & ommission
insurance.
Good luck
Usually when there is a class action law suit, all shareholders of record should have gotten a letter from the lawyers. Were you contacted by Rosen or did you just call?
Many thanks, Yale
Yes, I applied through Rosen Law Firm
Did you see that a class action lawsuit has been filed
I spoke with Aaron Arnzen @ SEC, he is lead prosecutor. Give him a
call @ (212) 336-0573 if you have had any direct contact with any
of the executives in the company. SEC would appreciate your input.
They will try and recoup money for shareholders!!!!!!!!!!!!!!
Check with Rosen Law @ 1 (212) 686-1060, they are working on suing
EGMI.
SEC Charges Executives and Auditor of Electronic Game Card Company with Fraud
FOR IMMEDIATE RELEASE
2012-223
Washington, D.C., Nov. 8, 2012 — The Securities and Exchange Commission today charged three executives with repeatedly lying to investors about the operations and financial condition of an Irvine, Calif.-based company that purported to sell credit card-size electronic games. The SEC also charged the company’s independent auditor with facilitating the scheme.
Additional Materials
SEC Complaint
http://www.sec.gov/litigation/complaints/2012/comp-pr2012-223.pdf
The SEC alleges that chief executive officer Lee Cole and chief financial officer Linden Boyne orchestrated a scheme in which Electronic Game Card Inc. (EGMI) enticed investors by claiming to have millions of dollars in annual revenue, hold millions of dollars in investments, and own an off-shore bank account worth more than $10 million. In reality, many of the company’s purported contracts were phony, the purported investments were merely in entities affiliated with Cole or Boyne, and the bank account did not exist. As a result of EGMI’s false claims, the company’s outstanding common stock was once valued as high as $150 million. EGMI is now bankrupt and its stock is worthless.
The SEC charged the company’s outside auditor — certified public accountant Timothy Quintanilla — with repeatedly issuing clean audit opinions about EGMI based on reckless and deficient audit work. Also charged is Kevin Donovan, who later replaced Cole as CEO and ignored many red flags about the accuracy of the company’s public statements and the integrity of Cole and Boyne. He provided false information during conference calls with analysts and investors.
“Cole and Boyne played a game of make-believe with a publicly-traded microcap company,” said Andrew M. Calamari, Director of the SEC’s New York Regional Office. “We will continue to fight microcap fraud and bring charges against not only the company executives but also the auditors or other gatekeepers who legitimize a fraud and allow investors to be victimized.”
According to the SEC’s complaint filed in federal court in Manhattan, EGMI’s material misrepresentations and omissions in SEC filings and public statements occurred from 2007 to 2009. The company repeatedly reported non-existent revenues and assets, misrepresented its business operations, and failed to disclose related-party transactions. Those misrepresentations and others like them were just part of a scheme that Cole and Boyne orchestrated through EGMI to reap approximately $12 million in unlawful gains. While they were making material misrepresentations to inflate EGMI’s stock price, Cole and Boyne also secretly funneled millions of shares of EGMI stock to entities based in Gibraltar that they secretly controlled. They directed the Gibraltar entities to sell the shares, and proceeds of those sales were transferred to people or entities associated with Cole and Boyne or to EGMI itself. Cole and Boyne bolstered their lies by providing falsified documents to the company’s outside auditors.
The SEC alleges that as EGMI’s engagement partner, Quintanilla and the public accounting firm Mendoza Berger & Co. LLP issued clean audit opinions for EGMI’s year-end financial statements for 2006, 2007, and 2008, even though those statements were riddled with material misstatements and omissions. Mendoza Berger and Quintanilla knowingly or recklessly misrepresented that the firm had conducted audits of EGMI’s financial statements “in accordance with the standards of the Public Company Accounting Oversight Board (United States).” Mendoza Berger’s opinion stated that EGMI’s financial statements “present[ed] fairly, in all material respects, the financial position” of EGMI. In fact, Mendoza Berger had not audited critical aspects of EGMI’s financial statements, and its work did not conform to the standards of the Public Company Accounting Oversight Board (PCAOB). Quintanilla had no meaningful basis to have Mendoza Berger issue an opinion on EGMI’s financial statements.
The SEC further alleges that shortly after Donovan became CEO, he was notified of many red flags related to the company’s public statements about its operations, finances, and share count. Donovan violated the antifraud provisions of the securities laws when he led several public conference calls with securities analysts and investors in 2009, and knowingly or recklessly relayed false financial information about the company that had been provided to him by Cole and Boyne.
The SEC’s complaint alleges that Cole and Boyne violated Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933; Sections 10(b), 13(b)(5), 13(d), and 16(a) of the Securities Exchange Act of 1934 and Rules 10b-5, 13a-14, 13b2-1, 13b2-2, 13d-1, 13d-2, 16a-2, and 16a-3; and Section 304 of the Sarbanes-Oxley Act of 2002. The SEC also alleges that Cole and Boyne are liable as control persons and for aiding and abetting violations of Sections 10(b), 13(a) and 13(b)(2)(A) of the Exchange Act and Rules 10b-5, 12b-20, 13a-1 and 13a-13. The SEC charges that Donovan violated Sections 17(a)(1) and 17(a)(3) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5. The SEC alleges that Quintanilla violated Section 17(a) of the Securities Act and Sections 10(b), 10A(a)(1), and 10A(b)(1) of the Exchange Act and Rule 10b-5. Quintanilla also is charged with aiding and abetting violations of Sections 10(b), 10A(a)(1), and 10A(b)(1) of the Exchange Act and Rule 10b-5 thereunder.
The SEC’s complaint seeks, among other things, a final judgment ordering Cole, Boyne, Donovan, and Quintanilla to pay financial penalties and permanently enjoining them from future violations of the securities laws; enjoining Cole, Boyne, and Donovan from serving as officers and directors of public companies and from participating in penny stock offerings; and ordering Cole, Boyne, and Quintanilla to disgorge their ill-gotten gains with prejudgment interest.
The SEC’s investigation, which is continuing, has been conducted by Michael Paley, Stephen Larson, James Addison, Gwen Licardo, and Aaron Arnzen of the New York Regional Office. Mr. Arnzen will lead the SEC’s litigation. The SEC thanks the PCAOB for its assistance in this matter.
# # #
http://www.sec.gov/news/press/2012/2012-223.htm
Call Rosen Law firm they are listed on my last posts. They are
appealing lawsuit through 9th Court. Rosen is going after EGMI
insurance carrier and accounting firm.
I agree we all took a bath and we need to post any news for all investors so we can exspose these crooks.Dont give in and let them win. This was not fair and we need to find out how this happened.we need to help each other exspose those who took our money.
Anyone still following this? Have moved on like everyone else, however, been hoping to hear/see something about criminal charges or SEC charges...anything. Won't return the large amount of cash I lost as an investor in this massive scam but gee would it be nice to know the crooks are behind bars.
They have EGMI listed as a ongoing case, give them a call.
You can call Howard Kin @ (702) 485-3300, he is handling their
case.
The whole case is on hold waiting for the attorneys to get moving,
as per Trustee David Rosenburg (702) 405-7312.
Wicked, I went to Rosenlegal.com and didn't find anything on egmi.
What am I doing wrong?
Thanks for the update on the suit, Wicked. I'm curious -- has the suit been filed yet, and if so, where is it filed and is a copy of the filed complaint, including all named defendants, available?
Talked with Rosen Law Firm and they are proceeding with lawsuit
sgsin EGMI. Might take another 1-2 years, but they will contact stockholders through brokerage firms.
I noticed that trade also the other day. I guess their bankruptcy
is not final , I think that Rosen Law Firm has slow it down with
the discovery phase.
You may want to check with Rosen Law Firm. You can go to their
Website and see the listing for EGMI.
I notice that POS EGMIQ traded 325,600 shares today. I have no idea why...not that it's much dollar-wise. I'm mainly just seeing if anything's going on with the investigation of the criminals who ran this company and cost us so much money. Thanks.
Spoke with Rosen Law Firm today and they are moving ahead with
discovery. They were very positive about recouping some of our
money, in fact they will get the maximum possible.
I hope they locate the $12 million that Lee and sidekick moved
out of EGMI account.
If you have any questions please call Rosen Law Firm @
1(212)686-1060.
Soooooo not surprising in this day and age we live in.
Check out Vitamin Spice LLC. (VTMS), the President of the company
is Kevin Donovan. In his bio no mention of EGMI.
Funny how incompentance is rewarded.
The Trustees of the Electronic Game Cards, Inc. Bankruptcy are offering the sale of two U.S. Patent Office filings:
?The original patent U.S. Patent # 5,178,389 is entitled "Electronic Game Card."(It may be viewed online)
?The U.S. Patent Application # 2004/0235550, entitled "Game Device". (may also be viewed online)
These inventions were originally developed in the U.K. by John Bentley and Gordon McNally.
In addition to the two U.S. filings, there are three foreign filings owned by the Company. The foreign filings are registered with the WIPO. All 5 filings are being sold as a single Lot. The foreign filings may be viewed by searching the U.S. corporate name.
Berkley Insurance Company has also agreed to release any and all liens it has against the foreign filings, according to the Trustee.
The Assignment database currently shows both the patent and the application are assigned to a Berkley Insurance Company of Greenwich, CT. These were held as collateral for debt owed by the corporation. The insurance firm has agreed to reassign both to the successful bidder, according to the Trustees.
The WIPO has a facility to search International and National Patent Collections. These three separate filings may be found by a Search. The details of the three patents may be further viewed by selecting the "Name" under the "Main IPC" category and the descriptions are available in English, as well as, French and German.
There may be short lead times to insure these filings are renewed properly. You may have your own IP attorneys verify payment amounts due or he may contact: Clifford Want, Esq. of the IP firm of Harrison Goddard Foote, located in London, UK. Email at: cwant@hfg.com.
Note: The two links above to the U.S. Patent Office and the link to the WIPO provide access to the actual patent filings for due diligence.
http://www.ipauctions.com/Auction/APViewItem.asp?ID=668
Thanks for the update,do you know if bankruptcy finished ?
The stock still moves up & down.
I just herd back from Rosan Law Firm, Discovey will start soon, They lost Motion to Dismiss.
You know what comes around goes around and I hope Santa delivers these crooks to the prison for Christmas. Seems like nothing has happened yet, but we can hope.
Hope all have a good Christmas!!!!!!!!!!!!!!!!!!!!!
Holiday Greetings, fellow fraud victims. Seriously, wishing everyone the best as we wait for justice to prevail. (This is where we all say 'ho ho ho').
If you believe in Santa Claus...
Hope everyone has a wonderful holiday season. In spite of the crooks.
I began some dialog last May with Phillip Kim of The Rosen Law Firm, which is one of the firms that filed a lawsuit against EGMI and various management. I understand that Rosen is most likely the firm to take the lawsuits forward as the various actions are consolidated into a class action.
I asked for an update from Mr. Kim and got this response last week:
"The case is still pending. These cases last 2-4 years on average, and the bankruptcy has slowed it down a bit."
It's not much, but I'll keep you posted if I learn more.
Does anyone have any info on progress of bankruptcy? Has SEC arrested any of the BOD?
I think the lawsuit is moving ahead!!!
I have no clue whether Yvonne and her husband knew.
Hell, I am not even sure that Kevin knew until he was up to his neck.
ahhhh memories. We even shared drinks with a couple thieves. You think Yvonne and her husband knew?
I actually wasted my money and went to the September meeting in NY that was supposed to be the annual shareholder meeting and was then declared just a shareholder update. If I remember correctly, KD had that American Idol product there.
In hindsight, it should have bothered me right then that the official annual meeting had to be nixed, but it didn't at the time.
Slight success story; for what it's worth...
I guess since everyone has been posting about how much they lost, I figured I'd just share that I made a little bit of scratch off of this, but I was VERY close to getting hosed.
Being OTC, I knew from the beginning I didn't want to get in as deep as some of the big players. I had a lot to lose, but the financials looked great. I bought about 5000 shares at an average of a dollar around May of 2009. Watched as it waffled from 1.10 down to .80. Then around mid June, started it's upward climb. Got pretty excited, but felt holding was good idea.
After it peaked around 2.20, I was in the middle of purchasing another house and needed some cash. Judging from the charts, I figured I could sell my entire lot fo shares, and buy it back on dip. I was right.
But before I went to buy back, the stock started to tank and all the negative news came out. I figured it was bad luck and waited until it bottomed out. I was ready to pull the trigger at sub 1.00 but something just didn't seem right. In hindsight, I should have shorted it into the ground, but I managed to come away with several thousand dollars, so I'm pretty happy about that.
Having been hosed earlier in 2K9 on some other dubious companies, I felt lucky. EGMI has made me look much harder at any OTC company, no matter how financial and morally sound it seems.
Lord Steinberg was the kicker. I researched him and found him to be quite legit.
I really wonder if he had found out the truth and then just keeled over with the news. That would be the biggest tragedy of all this...
No expectations whatsoever. I hold less than 10,000 shares now, have taken my losses. The rest of it can go to zero, it's a drop in the bucket.
In hindsight, I should've bailed when the CFO resigned. I knew better. And prior to that, I questioned why they kept holding out as examples American Idol game cards when I couldn't find any evidence they were being marketed or used (maybe they were in the UK). Seemed odd to be talking about launch of a product for a hit show that was coming into it's 5th or 6th season.
Wonder if the company was defrauded unwittingly and management and board were not sophisticated enough to prevent it. Or certain members of board/mgmt were crooks. After the forensic audit performed, they should have some answers. With no money and no one to pay for those reports, perhaps they will never be released until presented as evidence in court.
Frustrating.
I don't know whether you expect your EGMI investment will help you recoup your losses... But I wouldn't count on that. This stock will eventually end up with a 0.0001 ask. Mark my words. Since February 19 I've been spot on with my predictions. No value at all in this company. Only fraud.
I don't understand why management is not in jail yet. Can anybody explain THAT to me?
CPA firms have been using engagement letters and management representation letters to successfully shift liability to company financial officers and CEOs. Anything short of a colossal screw up and the CPA escapes liability.
I suspect that may happen here too. I hope not, would like to recover some of my losses from somewhere.
I wonder if we'll ever know the truth. It may be years before anyone is prosecuted. If books were cooked, that will happen.
Stone, you da man...thanks for filling the gap for me ...it was hard to go back through that one again in enough detail...I will never understand in the end how at least the CPA and firm, which had insurance and was of note, didn't have to pay a serious $$ penalty...damn, that's why we are suppose to have some confidance in the process....oh well, still think it is a great movie script...even the a women (Steeples) murdering her husband in the early days while he was in jail via bad drugs smuggled to him!!!....for insurance money and then the story begins...lol...in the end it was a rare case that saw the CEO actually in jail (lol...the guy was on the Canadian most wanted list and here in the US running our company!) and never seeing the outside again....
Thx again,
zagdad
Hi Zag, 7 months ago I posted the simularities between both cases. I'll repost 2 of my posts. Sad conclusion is that I was right 100%. The longs have been ripped:
http://investorshub.advfn.com/boards/read_msg.aspx?
message_id=48035397
stonehenge
Share
Friday, March 19, 2010 3:11:20 PM
Re: GWMAN post# 12626
Post # of 14339
GWMAN, exactly! And why is it so hard to reconstruct the financial situation they are in?
I guess the cash position wasn't that high at all...
And that explains the weird trading, which had all the signs of heavy dilution.
This story will have more chapters. That's for sure. IMO this is only the beginning of this book.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=47253022
stonehenge
Share
Tuesday, March 02, 2010 1:51:00 AM
Re: stonehenge post# 10635
Post # of 14338
I really think they cooked the books in a major way. It does have a LOT of simularities with the following case:
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=46901137
That company had analysts following the stock, applied for an uplisting and had large investors/institutions taking positions, mainly because of the very good balance sheet , huge earnings, promised buy back etc., etc.
To create the image of a vibrant enterprise, they fraudulently reported millions in fictitious earnings, revenues, expenses, and assets. To conceal the true results, they created fictitious periodic bank statements , checks, invoices and a general ledger, which they supplied to the auditor.
And while the B/S showed 12 million in cash, due to ongoing positive operating cashflows (according to the I/S), cash turned out to be NOT there at all....
Tell me there are no simularities.
BTW, the CEO of that company died in jail.
I filed a complaint with the SEC concerning EGMI and management's fraudulent activities. I have yet to receive any response fron the SEC regarding EGMI. How do you protect the public against
such outlandish behavior?
Get off your a$$ SEC and do your job!!!!!!!!!!!!!!!!!!!!!!!!!!!
infromthecold,
I have seen one other that got very documented and cost a lot of us a lot...."800America"....the auditors said they had over $11M in Citibank and they really had around $800...a wowzer and too long of a story to repeat here but had more intrigue that needed for a movie....as an ex auditor I often wondered why they would just stop buy the ATM and with draw $20 to see what the balance was!!lol....fake papare work and responses to confrimation ....,,,,where's Stonehenge....he will verify this one!! OUCH!!
Just passing by,
zagdad
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Electronic Game Card, Inc., through its subsidiaries, engages in the development, marketing, sale, and distribution of recreational electronic software to the lottery, casino, and promotional industry worldwide. It offers Electronic Gamecard, a credit card-sized pocket game, which is equipped with a microprocessor, random number generator, liquid crystal display, and power source to suit various gaming and promotion applications. The company was founded in 1981 and is based in New York, New York.
Web Site
http://www.electronicgamecard.com/
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