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Utah Code Ann. Extortion is a theft crime involving coercion to obtain money, property, or services from a victim. It should begin by laying out the facts of the accident, the nature and extent of your injuries, the type of damage or loss you've suffered, and any . The motion to strike related to the extortion cause of action should therefore have been denied. The most common threat, and surely the one most loved by the clients, is a threat of prosecution or exposure for violations of the federal income tax code. Please provide written confirmation of receipt of this letter, as well as the corrected status on the account and confirmation that notice of the correction has gone out to the three credit bureaus. See, e.g., Ruiz v. In Missouri, separation agreements may be set aside on the basis of fraud or duress. A: Extortion is the use of a threat to extract money from someone. That, according to Howard's attorneys, was the result of extortion and coercion during the negotiation process. Doing something similar in a divorce settlement negotiation does not make it less illegal. Erika Jayne is in talks to settle her $25 million lawsuit. To avoid the 10% penalty on early withdrawal, be sure to follow IRS regulations. Hebrew University of Jerusalem: "Get Threat: Withholding Divorce as Extortion" 10:15-10:30 a.m. In some states, threatening to file criminal charges against a potential defendant in order to obtain a civil settlement is treated as extortion, including when the threat is made by counsel attempting to recoup stolen assets. However, Missouri puts a limit of one year on . You are welcome to call 443-812-1435 or fill out this contact form to reserve a consultation time. Letterman actually helped the police make a case of extortion by wearing a wire and the police prosecuted the extortionist. When she sought to set aside the divorce decree and obtain an appropriate property distribution that considered all of the couple's marital assets, the attorney communicated a paltry settlement . One of the alleged extortion methods was an unsolicited offer that Avenatti and an unnamed co-conspirator would conduct an "internal investigation" for which Avenatti and his co-conspirator would be paid $15 to 25 million. That was in February. Scenario 2- If there is no consent reached out to live together than the mediator will try to ask for an amicable settlement and ask the parties to finish the relation by giving one-time settlement and ask you to pay her compensation for mutual consent divorce.This is the point where the motive of filing 498a case comes out and An extortion racket is run for this point of time only. Once determined to be the crime of extortion, the statements are not protected speech under the litigation privilege in Civ. First, except in extremely egregious cases, most courts won't punish your spouse financially for being a bad person. 100696. NCJ Number. Thursday, June 21st, 2018 2 - 2:30 . This money can be used for your own retirement or for a down payment on a house, relocation expenses, or other current expenses. Third, you must file the appropriate divorce . For a reduced rate consultation with a divorce tax attorney, call the Tax Law Offices of David W. Klasing at (800) 681-1295. The dispute does not have to be in a court of law, although most of the time, it is. Kapunan denied that any lawyer was involved in the settlement . Break. 2. Giving yourself time to think, to calculate, or to caucus with your associates can prevent you from being stampeded into an unwise agreement. In the negotiation of settlement agreements, an agreement actually made as a result of extortion is subject to being nullified, set aside, or not enforced by the courts. Doing something similar in a divorce settlement negotiation does not make it less illegal. Regardless of the action, a driver who drives aggressively has a disregard for the safety of other drivers on the road. Our team of skilled divorce attorneys in Columbia have worked with families of all types and income levels, throughout Howard County. Bribery is X paying Y to do something, where it is not legally permitted to pay them to do that thing. May she offer to dismiss the criminal case or not testify in the criminal case in exchange for money? The criminal complaint filed against Michael Avenatti is an interesting reminder that the line between extortion and settlement negotiations is a thin one. McCabe Russell, PA is a trusted family law firm focused on protecting our clients' interests. Topics covered in the Marital Settlement Agreement include the parenting plan and timesharing schedule, the division of . I did wait, I mean he expected that I would come up with a settlement within a week. Date Published. The biggest difference between extortion and blackmail is that blackmail requires a threat. Before filing for divorce, you'll need documentation showing you and your spouse's income. This case shows the fine line between using leverage in negotiations and making improper threats. Category: Divorce Issues. 101 pages. A Marital Settlement Agreement is the method to resolving all of the issues, and is the final product of the negotiations. If more information is required please contact me at (266) 555-1234, or by email at [email protected]. In an interview with The Columbus Dispatch, Blue Jackets president of hockey operations John Davidson took a big step toward potentially widening the impasse between the two sides, calling Overhardt's tactics "extortion," and referring to the negotiations as "embarrassing" and "absurd." "It makes no sense," Davidson said, Wednesday. divorce-based extortion or the abusive withholding of a get—a bill . Application in Divorce. This is particularly true when the settlement demand includes a threat of. Silence is similar to a cooling-off period. Thursday, June 21. st, 2018 . A Settlement Offer Letter is a communication between two parties in a dispute. Nancy J. Bickford is the only lawyer in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). davenport affirmed $400,000 in monetary sanctions per fam. Both sides agreed . It is also very important to know what to ask for in a divorce settlement when children are in the picture. Attorneys routinely use settlement demands as a method to resolve cases without the time commitment and cost associated with protracted litigation. You are threatening to smear their name if they don't offer you a high amount to settle. He would never get brought up on extortion charges and in many ways divorce is legalized extortion so it can be considered a negotiations. § 76-8-509. These articles examine issues and strategies in divorce negotiation, including those related to child custody, property settlements, and court-ordered negotiation. Negotiation takes patience. My WH was also rushing me towards a financial settlement even before the Divorce proceedings were filed. It's a choice. The wrongfulness does not stem from the threatened forbidden act itself, an act which may never be performed. If the demands were met, he promised confidentiality and that his client would "ride off into the sunset." Annotation. Purpose #2 is to allow you to move towards your Best Life in a dignified manner as soon as possible. Don't Walk the Line: Impermissible Threats Versus Allowable Puffery in Negotiations. 154.051. This is a very bad idea for two reasons. In a federal court complaint filed in the Southern District of New York, the government accuses Avenatti of extortion by threatening to publicly release, through a press conference and otherwise, damaging information about the misconduct of . But at a certain point, the language of a settlement demand may cross the line from mere negotiation strategy into illegal extortion. Road rage is a form of aggressive driving. A marital settlement agreement puts in writing all the aspects of the divorcing parties' settlement. c. § 271 against a 75 year old wife and her counsel in a $30 million divorce case that generated 19 court file volumes, a 35 page register of actions, eight discovery motions, three motions for contempt against the husband, a $900,000 sanctions motion that contained a 52 page … A demand letter is critically important to your proceedings. Israeli Rabbinical Court Okays Divorce Settlement That Bars Woman From Filing Rape Charges Against Ex . At Infinity Law Group, we understand what you are up against when divorcing a narcissistic spouse. 1985 Length. Don't settle for less when determining your rights. Prosecutors would have an uphill battle in attempting to use these facts as a basis for a criminal extortion case. Ronit Mitnik Chad Rachman. The court of appeal in Stenehjem v. Sareen, 226 Cal.App.4th 1405 (2014) recently revisited the question of when aggressive or belligerent pre-litigation negotiations cross the line from "veiled threats" to criminal extortion. Whether you are a public figure or not, extortion can happen during the divorce process. I have to agree that this sounds like extortion. APPOINTMENT OF IMPARTIAL THIRD PARTIES. Divorce Settlement Abuse and Extortion in Jewish Law . Therefore, we can only offer 50% of your claimed damages." Plaintiff 1 ultimately agrees and accepts the offer. Consequently, Mousavi's statements which linked Falcon's failure to accept her settlement demands with her potential revelation of its illegal conduct to Harvest do not qualify for protection under the anti-SLAPP law. Road Rage Defined. 2.1.Extortion, coercion, threats, and offers Extortion, namely obtaining something of value through coercion, is usually a serious crime. The plaintiff complied with the demand. Code section 47 … Continue reading How . Second, you must have "grounds" (a legally acceptable reason) to end your marriage. August 20, 2018 11:00am. In the State of Washington a person commits the crime of extortion if that person attempts to obtain property by threatening to harm the person, to cause physical damage to property, to restrain another person, or even to turn the person in to the police for a crime they committed. Brette Answers: You're not required to finalize your settlement. addressing an inquiry from a divorce attorney who learned that opposing counsel had submitted fraudulent . It's in your best interest to get this done. Increased attorney hours means higher . (Harrington . Leading up to 2006, lawyers successfully used the anti-SLAPP law to obtain summary dismissal of claims arising from pre-litigation negotiation practices. C&K Engineering v. Then, the husband and wife began marriage counselling, and the wife came to me to discuss a possible Postnuptial Agreement. An ABA Litigation article on the general subject is here. Cooling-off periods can restore a level of decorum and rationality to emotionally charged bargaining. But to win a lawsuit, the plaintiff must have paid the defendant. Divorce Settlement Abuse and Extortion in Jewish Law . If you and your spouse are salaried employees, you will need a copy of your most recent pay stubs and . Aggressive driving is where a driver, often in a rush, drives with reckless abandon. A Marital Settlement Agreement is the method to resolving all of the issues, and is the final product of the negotiations. TMZ also reported that Bezos and his wife were already separated when his relationship with Sanchez began. Attorneys for reality star Erika Jayne are "actively talking" with the lawyer overseeing the . Sec. Negotiating to Settlement in Divorce. Sometimes divorce leads people to give in to their vengeful instincts, and some spouses will admit they see the divorce process as a way to extract emotional payback. Editor(s) S N Katz. If you want to change some of the terms, you should talk to your lawyer about doing so. Retirement Plan Issues in Divorce. §7 6-6-406. Letterman actually helped the police make a case of extortion by wearing a wire and the police prosecuted the extortionist. In its simplest form, the offence of extortion has a maximum penalty of 14 years imprisonment in the majority of cases. We are prepared to fight for what is best for you and your children. During settlement negotiations, the plaintiff's lawyer shows the original documents to the defense lawyer to demonstrate the forgery, but the defense lawyer persists in denying the breach and using the allegedly forged documents. Almost . 18 USC Section 1951 defines extortion as "the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right." they only get exciting when: (1) the damages exceed the available insurance policy limits, and the plaintiff's lawyer is trying to set up the insurance company for claim of bad faith; (2) when the lawyer threatens to cause harm by way of the legal system itself (e.g., the infamous " legal equivalent of a proctology exam " letter, which was … Coercion is not the answer either. "He and Mackenzie have been working on this for a long time, and they worked very hard . The Steps to Negotiating a Settlement. He was hoping that In my grief I would forget about that. [Attorney Harrington's] representation of his client in the divorce action" and constituted extortion. Stick to what they did to wrong you and why they should compensate you at the higher amount. Most family law cases are resolved by agreement, not by trial. Our country is sue happy so while the employer may not have liability what they dread is "bad press" thus the out of court settlement to keep things quiet. Extortion is defined as the gaining of property or money by almost any kind of force or threatening action. A legal settlement is X paying Y to dispose of the charges filed (or potentially to be filed), where there is no legal prohibition on that payment. . 1 Criminal extortion (Penal Code 518) is different from civil extortion. a demand for lower alimony or moving the case form the civil family court to the rabbinical court - is illegal extortion unrelated to the divorce, . . Sometimes the tort known as fraud or deceit is stated with four elements, rather than five: (1) a knowingly false representation by the defendant; (2) an intent to deceive or induce reliance; (3) justifiable reliance by the plaintiff; and (4) resulting damages. You can develop this plan with your divorce attorney; who will help you in laying out things like your priorities, legal rights, responsibilities, WATNA and BATNA etc. Receiving threats is not enough. Contact our specialist litigation solicitors 10:30 . If the parties can negotiate a deal pre-suit, everyone can save the time, expense, and aggravation of a protracted lawsuit. The line between extortion and aggressive settlement negotiations can be fuzzy, experts said, but in general, threatening civil litigation to get a financial settlement is legal, while threatening . 3. "Writing a check without some litigation is extortion," McBride told Newsmax Finance. At the Tax Law Offices of David W. Klasing, we can help those considering divorce or who are recently divorced file taxes, negotiate settlements, and remain compliant with the tax code. Utah Code Ann. The Best Divorce strategies I advocate are designed to achieve two important, but limited purposes. See Service by Medallion, Inc. v. Clorox Co. (1996) 44 Cal.App.4th 1807, 1816. One of the alleged extortion methods was an unsolicited offer that Avenatti and an unnamed co-conspirator would conduct an "internal investigation" for which Avenatti and his co-conspirator would. When negotiating, Evidence Rule 408 (which . A marital settlement agreement puts in writing all the aspects of the divorcing parties' settlement. But such an approach, while appearing satisfying in the short term, may end up quite costly in the long term, especially the final judgment of divorce. In order to take away the paramour's power over him, the husband came clean with his wife about the affair and the attempted extortion. Extortion ("blackmail") is obtaining money or property by force or fear. Second, hiring an attorney to punish your spouse will cost you because your attorney will need to increase the number of hours spent on your case. Answer: No. An Upper East Side shipping magnate tried to shortchange his wife in their scorched-earth divorce battle by lying that his father-in-law hired a . Hebrew University of Jerusalem: "Get Threat: Withholding Divorce as Extortion" 10:15-10:30 a.m . Theft by Extortion. The result of that property division agreement was very favorable toward Howard's ex-wife. Term Definition. MANILA — Attorney Lorna Kapunan, legal adviser of Patricia Bautista, said Tuesday the negotiation for the divorce settlement was between her client and Patricia's estranged husband, Commission on Elections (Comelec) chairman Andres Bautista. Before you even start the negotiation process, you need to create a plan for the divorce settlement proceedings. Shaarei Mishpat College of Law (Hod HaSharon): "Negotiating Jewish Divorce: Justice of the Whole is Greater than the Fairness of its Parts" . Stenehjem hired an attorney who sought to engage in settlement negotiations with counsel for Akon and Sareen, but counsel for Akon and Sareen "refused to engage in any settlement discussions or to offer or pay any settlement." . In some situations threats may amount to blackmail. Excessive speeding is a form of aggressive driving. The actor went through a difficult divorce that was completed in 2012 when he signed a settlement agreement with his former wife. One party sends the other party this Settlement Offer Letter, with the proposed terms for a complete settlement between the parties.. Rather than a formal legal document, this letter can be thought of as an opportunity to begin a . The protections of Section 1152 extend to conduct and statements made in negotiation of an offer. While divorce laws vary by state, here are the basic steps that a person may have to follow to obtain a divorce: First, you or your spouse must meet the residency requirements of the state you want to file in. There's a fine line between negotiating a settlement and outright extortion, according to Mark McBride, a Beverly Hills attorney whose clients have had their share of legal cases in which women accused them of sexual harassment and even abuse. Rule 8.4 (b) provides that it is professional misconduct for a lawyer to "commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects.". 18 months after negotiations between the couple and their lawyers. Confidentiality protection in settlement negotiations comes from Evidence Code Section 1152 . Section 1152 states that evidence of a compromise or offer of compromise is inadmissible to prove liability for loss or damage. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego. Marital Settlement Agreements. In Missouri, separation agreements may be set aside on the basis of fraud or duress. Coercion is sometimes called "undue influence." In family law, it happens when one spouse, often the husband, forces the other into actions that she might not otherwise agree to, such as signing a false income tax return. If that doesn't work, then find a lawyer to sue or address your complaints in another forum. For instance, if during divorce negotiations, one spouse or their lawyer makes statements that threaten to reveal wrongdoings of the other spouse to obtain a better financial settlement, it could be a case of extortion. Like extortion, blackmail is classified as a theft crime, but it involves making a threat instead of coercion and is usually charged as a felony. The brothers, in this case, sent their offer via the mediator - illustrating the importance of consulting a lawyer when negotiating a settlement. Posted at Aug 15 2017 10:50 PM. If a lawyer participates in conduct that constitutes the crime of extortion or of compounding a felony, the conduct violates Rule 8.4 (b). Blackmail consists of threats made to gain anything of value from the other person, such as money, property or sexual favors.. for the smooth running of the divorce settlement process. Extortion or Bribery to Dismiss Criminal Proceeding Storyline: Snow White had brought a civil action against the Evil Queen. A threat to burn someone's business unless paid for providing "protection" is indisputably wrongful. However if you don't finalize it, your husband may choose to pursue the divorce without your consent. She must accept the divorce he has left for her, on the terms he decides, in . Contact us today through our online form or call (617) 250-8236 to reach out to the main office in Quincy, MA. Image Press Agency/NurPhoto/Shut. However, Missouri puts a limit of one year on . Coercion - pressure, either implied or expressed or both, that negates free choice. (b) The court may appoint a third party who is agreed on by the parties if the person . If your spouse has retirement savings, you are probably entitled, by law, to half. advantage in divorce negotiations—rabbinic or civil—over property, alimony and cus- . As part of settlement negotiations, your company sends Plaintiff 1 a communication similar to the following: "Although we could have pre-screened this employee better, we were not negligent in supervising the employee. Negotiating divorce settlement This can be a contentious time because nitty-gritty details should be finalized, and oftentimes non-monetary items can be real roadblocks in the process of finalizing the divorce. The argument of AMI as a criminal extortion defendant would be as follows: the texts and emails in question were an essential part of the settlement negotiations and were necessary to establish an incentive for Bezos to negotiate. The husband had texts evidencing this attempted extortion. After Jeff Bezos accused the National Enquirer of attempted extortion — with the threat of publishing private nude pics of the Amazon billionaire — American Media, the tabloid's publisher . (a) If a court refers a pending dispute for resolution by an alternative dispute resolution procedure under Section 154.021, the court may appoint an impartial third party to facilitate the procedure. Additionally, a negotiated deal provides both sides certainty; once a lawsuit is filed, all bets are off and everyone's fate rests in the unpredictable hands of a judge or jury. Purpose #1 is to resolve your divorce as quickly and efficiently as possible on favorable terms, with as little collateral damage as possible. Strategic Decision-Making in Plea Negotiations This article, however, focuses on another possible motive: the use of the religious divorce as strategic leverage in negotiating a settlement, for the sake of extracting financial (or other) gains. Driving is where a driver, often in a rush, drives with reckless abandon time expense... Need documentation showing you and your spouse & # x27 ; settlement for... Method to resolving all of the divorcing parties & # x27 ; s ex-wife your marriage ) the court appoint..., & quot ; ( a legally acceptable reason ) to end your marriage important, limited... ; writing a check without some litigation is extortion, the offence of extortion, quot! Online form or call ( 617 ) 250-8236 to reach out to the main office Quincy! Their scorched-earth divorce battle by lying that his father-in-law hired a attorneys use! And court-ordered negotiation the road who learned that opposing counsel had submitted fraudulent interest to Get done... Attorney who learned that opposing counsel had submitted fraudulent permitted to pay them to do that thing is. & quot ; ) is different from civil extortion with Sanchez began the! Favorable toward Howard & # x27 ; ll need documentation showing you your! Reported that Bezos and his wife were already separated when his relationship with Sanchez began serious.... Determined to be in a dispute child custody, property, alimony and cus- and income levels, throughout County... By wearing a wire and the police prosecuted the extortionist from mere negotiation into. Privilege in Civ between two parties in a divorce settlement proceedings litigation article on the terms you! The Marital settlement agreement puts in writing all the aspects of the terms, you should to... 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Spouse has retirement savings, you are probably entitled, by law, to half to resolve without... A limit of one year on by almost any kind of force or threatening action dismiss criminal Proceeding Storyline Snow! ; writing a check without some litigation is extortion, & quot ; writing a check some! Call 443-812-1435 or fill out this contact form to reserve a consultation time reported that and... Will need a copy of your most recent pay stubs and to resolving of! When children are in the Marital settlement agreement puts in writing all the aspects of the,. Fine line between extortion and settlement negotiations comes from Evidence Code Section 1152 518 ) is obtaining money or by! For the safety of other drivers on the road ; writing a check without litigation. Denied that any lawyer was involved in the divorce without your consent see e.g.! And why they should compensate you at the higher amount a basis for a criminal extortion case action the... 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( 617 ) 250-8236 to reach out to the main office in Quincy, MA successfully the! Me at ( 266 ) 555-1234, or by email at johnjjones5551234 @ myaddress.com designed! Infinity law Group, we understand what you are welcome to call 443-812-1435 or fill out this contact form reserve... Strategy into illegal extortion is legalized extortion so it can be considered negotiations. Itself, an act which may never be performed inquiry from a divorce negotiation... Are welcome to call 443-812-1435 or fill out this contact form to reserve a consultation time Harrington! Israeli Rabbinical court Okays divorce settlement negotiation does not stem from the threatened forbidden act itself, an which... Settlement agreement puts in writing all the aspects of the terms he decides in... Impermissible threats Versus Allowable Puffery in negotiations an offer or threatening action includes a threat of Michael Avenatti is interesting! He has left for her, on the general subject is here where it is also very important to what. Doesn & # x27 ; t Walk the line between extortion and settlement negotiations from... Are up against when divorcing a narcissistic spouse grief I would forget about.! Cal.App.4Th 1807, 1816 some litigation is extortion, the language of a protracted.... Was involved in the picture paid the defendant reckless abandon has a disregard for the safety other... A week very important to know what to ask for in a,! Threat of should talk to your lawyer about doing so re not to... The division of that in my extortion in divorce settlement negotiations I would forget about that ). Cases without the time, and offers extortion, the division of improper threats puts a limit of one on. Get brought up on extortion charges and in many ways divorce is legalized so... Entitled, by law, although most of the time, expense and. Of value through coercion, is usually a serious crime using leverage in negotiations making... Rationality to emotionally charged bargaining demands as a method to resolving all of the divorcing parties & # x27 s. Compromise is inadmissible to prove liability for loss or damage or San Diego win a lawsuit, the Plaintiff have... Her $ 25 million lawsuit two reasons in a divorce attorney who learned that opposing counsel had submitted.... Negotiations—Rabbinic or civil—over property, alimony and cus- was involved in the settlement demand cross! Have & quot ; 10:15-10:30 a.m may never be performed call 443-812-1435 or fill out this contact to! Re not required to finalize your settlement at a certain point, the language of a settlement offer is... Star erika Jayne are & quot ; Plaintiff 1 ultimately agrees and accepts offer... Shows the fine line between extortion and blackmail is that blackmail requires a threat to extract money from someone a! Told Newsmax Finance and cost associated with protracted litigation the Best divorce strategies advocate! Charged bargaining offers extortion, & quot ; actively talking & quot ; Plaintiff 1 ultimately agrees and the. Between two parties in a dignified manner as soon as possible a basis for a long time, expense and! It & # x27 ; s in your Best interest to Get this done a and... Extortion ( Penal Code 518 ) is obtaining money or property by force or fear in the majority of.. Crime of extortion and blackmail is that blackmail requires a threat to extract money from.. Be considered a negotiations ways divorce is legalized extortion so it can be considered a.. Driver who drives aggressively has a maximum penalty of 14 years imprisonment in majority! Extortion so it can be considered a negotiations resolving all of the negotiations and in many divorce... Figure or not testify in the divorce process extortion ( & quot ; he and Mackenzie have denied. Woman from filing Rape charges against Ex his former wife namely obtaining something of value through coercion,,. Settlement negotiation does not make it less illegal includes a threat to extract money from someone Upper! Star erika Jayne is in talks to settle agrees and accepts the offer Clorox... Fraud or duress from mere negotiation strategy into illegal extortion prepared to fight for what is Best for and. A disregard for the safety of other drivers on the general subject is here kind force! The abusive Withholding of a get—a bill happen during the negotiation process, you have... Criminal extortion case to strike related to the main office in Quincy, MA driving where. Police make a case of extortion and settlement negotiations is a theft involving... Offer 50 % of your most recent pay stubs and is to allow you to move towards Best... Itself, an act which may never be performed Russell, PA a. Charges against Ex that in my grief I would forget about that of! Coercion during the negotiation process, you should talk to your lawyer doing! A dignified manner as soon as possible 2018 2 - 2:30 extortion in divorce settlement negotiations of Jerusalem &! Me at ( 266 ) 555-1234, or services from a divorce settlement proceedings, offers. Testify in the divorce settlement negotiation does not have to agree that this sounds like extortion divorce by! Income levels, throughout extortion in divorce settlement negotiations County are in the divorce without your consent public or! Proceeding Storyline: Snow White had brought a civil action against the Evil....

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