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German customs demand $475,000 for Japanese musician's violin

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To conclude I'd like to add that the article didn't explain everything.

The main problem here was that she has her place of residence in the EU. But she could not prove she bought the instrument within the EU or she paid the according tax when she brought the instrument the first time into the EU. She explained she forgot the papers at home.

The fact she uses it as her work instrument has nothing really to do with this. If she didn't have a place of residence in the EU, it would have been considered simply as carry on luggage for personal usage. Problem is the place of residence - like in other countries as well.

No traveller has to be afraid of (legal) things for personal use being confiscated during an EU tourist trip. But if you return to the country of your residence (EU acts as one country in this case), you must make sure to follow the rules of customs. There are many reality TV shows in many countries that follow customs officials, border patrols, etc. where this also is explained. Further exceptions apply but not important here.

I just was surprised after that long time this happened. Additionally I wonder why you don't hear anything from this case any more. What happened. It must still be going on - or was it maybe settled soon afterwards. Just a good summer slump bridge?

0 ( +0 / -0 )

This is a really dumb customs official.

0 ( +0 / -0 )

Maybe if Noda wrote a letter...

0 ( +0 / -0 )

high way robbers....she was just on transit or is it not that way since it is the EU trade deal thing ?

1 ( +1 / -0 )

It seems she had chosen the exit labeled "nothing to declare". .............................that's interesting. I just returned from Rome to Munich and exit via the " nothing to declare " door. Guess what, the " something to declare " and " nothing to declare " doors both lead to the SAME room with NO custom agents in sight. Next time I am going to bring in Italian salami via Munich !!

0 ( +0 / -0 )

I know Germans are a bit uptight and stickler to rules but this is insane !!

2 ( +2 / -0 )

Wow.... what is this... WWII Gestapo era? hahahaha... what a stupid custom officer. I am sure the violin doesn't look brand new. It could look old cuz it is being used for her concert for many years now. If it is brand new, fine. Tax the musician.

0 ( +1 / -1 )

I am really astonished that a violin pro with a millions dollars instrument a piece does not know it!

She may not have a manager who arranges custom requirements for her. Got used to never having a problem in decades.

0 ( +0 / -0 )

These custom officers are following their (rigid) rules, doing their duty, so to speak. I can respect that when they are nabbing drug or human traffickers. But in this case they are over-zealous, knowing they are dealing with a well known musician with no criminal record. What are they trying to prove to who, I wonder?

1 ( +1 / -0 )

Then get it back, folks. Donate Y100 to Horigome.

-2 ( +0 / -2 )

Boycott Germany and German products until they return the instrument. Don't buy a VW, BMW, or Benz. Don't buy Siemens. Revoke Visa to German nationals.

-3 ( +1 / -4 )

It"S MEAug. 23, 2012 - 04:23PM JST

You think she bought the $1.2 Mill Violin with monopoly money or it was a gift? Most Musicians would dream of owning that one.

Most musicians use instruments on loan from collectors, schools, and museums. Most would consider it an honor to be allowed to be loaned one, let alone actually buy.

0 ( +2 / -2 )

Japanese customs can be just as erratic ! I recently tried to send all of my personal belongings from a home i owned in France to a new home I bought in the countryside here. It took six months to clear customs once arriving in Japan; at first the customs tried to consider it all commercial import items! Most of the items actually came from Japan, and what's worse they were from flea markets and antique shops - basically "garakuta" from Japan. Nittsu, the expensive shipper, did virtually nothing to help. After about six months the things were finally delivered to my home, and I have yet to be advised of the reasons for the ridiculous delay.

1 ( +1 / -0 )

Honnestly, how should know a customs officer that the immigrant is a famous violin player who could legitimately claim playing a million dollar violin?

High value vintage objects traffiquing is a mega worldwide business. Thus, when a pro, no excuse not to have the proper documentation. It is the same for people traveling with high tech tool instruments, scientific purpose drugs samples, weapons, aso...

-1 ( +0 / -1 )

I have got a friend who is professional guitarist player and he experienced exactly the same problem (confiscation of his 3 guitars worth USD 15,000) in 50% of his international trips, until he heard and got the ATA carnet. Then no problem anymore.

I am really astonished that a violin pro with a millions dollars instrument a piece does not know it!

1 ( +1 / -0 )

Customs confiscated the valuable fiddle because she could not provide the documents for her 1986 purchase, the Yomiuri said.

At that point, they did their job since that could have been a stolen violin. It's as if you're driving a Ferrari and the cops of any country checking you. If you don't have the car's document... you go home by taxi. But they usually don't make a fuss to give you back the car whenever you bring the papers and pay a negligence fine.

“The instrument is an implement for my work.

And she knows the value, the possibility of customs being strict, so that's not very pro to travel without proper documents. The custom insistence now is a bit heavy. She will get it back without paying much. After the buzz.

What about her shoes? She did not have documents for the purchase of those.

In the 1980's, Heathrow Airport custom had the (deserved) reputation of doing exactly that. They did it to a few celebs that were back from trips around the world wearing designer pumps that were ask to pay duty. They'd also do it to about one nobody per plane. Like a friend (12 yr old, on a school trip), they saw she had a walkman, which was OK, and headphones of another brand, which was a-terrible-crime. They asked her a tax worth more than the head phones (she couldn't prove immediately it was al'cheapo and not super high tech equipment). She had not the money, so it was confiscated. On the way back, the teacher got the object back without paying. Well, circus... I have not heard some recently. I guess at some point, they have been told they were a nuisance.

0 ( +1 / -1 )

I've noticed the German authorities throwing their weight around more and more recently... next they'll be invading the Sudetenland.

4 ( +5 / -1 )

It's best she leaves it an international incident; let the Belgians, Germans, and Japanese handle this one. Maybe she'll get a pardon on condition of no press. Hopefully she does not have an event soon and they handle this instrument with utmost care.

1 ( +1 / -0 )

Thanks, GW.

0 ( +0 / -0 )

Don't try to find any logic, German authorities are mostly beyond this. I'm from Germany, I know what I'm talking about. This is an alternative way to generate a lot of free publicity.

5 ( +5 / -0 )

Apart from a few A-list celebrities, no musician has $475,000 lying around.

And you would know that how? Considering many philharmonic players travel to japan to get their Instruments custom-made or similar.

You think she bought the $1.2 Mill Violin with monopoly money or it was a gift? Most Musicians would dream of owning that one.

-3 ( +0 / -3 )

Right now best for her would be to suck it up and pay the fines, I am sure she is making a good income.

Apart from a few A-list celebrities, no musician has $475,000 lying around.

2 ( +3 / -1 )

I sure with the article would make it clear on what basis the authorities have for this action. Its hard to say anything without knowing exactly how this got started.

But however you slice it, a tax on a personal item, just for bringing it with you on an airplane, that amounts to 190,000 euros is fascist and crazy. The value of the item hardly means anyone carries that amount of cash with them. But we are talking about the tax man, so fascist and crazy comes with the territory.

I can also the fines are outrageous, but so many Germans would be much like the rest of us if they exercised common sense and flexibility instead of dogmatically obeying some rule book. I don't accuse all Germans, but some of their more popular national traits are well known and generally not envied.

3 ( +3 / -0 )

I don't get it. Is a carnet a legal requirement for an artist, or not? If not, then how are you "rolling the dice" without one?

Lubracasi,

A Carnet like I said is like a passport you get it stamped upon arrival & again when you depart. Carnets can be obtained from Chambers of Commerce in countries that accept & issue carnets, bonds are involved to cover any potential duty/tax issues if the Carnet isnt used properly.

Any one can get a carnet you simply fill out an application, pay a bond, then a few days later you return to the chamber to pick up the Carnet. No one is legally required to get one, but if you get one then you can freely travel in/out of MANY countries & NOT have to pay any duty/taxes, bonds etc, they were created to make international business & for musicians etc to more easily travel in/out of countries & NOT pay duty/taxes or get bogged down with time consuming customs clearances etc.

With a carnet you MUST present to customs upon arrival & AGAIN when you depart, or you can travel without one & THAT is when you are rolling the dice, ie taking a chance, hoping you wont have to pay duty/taxes.

Its a lot simpler than I am making it out to be likely LOL!!

2 ( +2 / -0 )

I read this article yesterday at a German language website, I live in Germany, and a number of the comments were in support of customs whether it was simply a solidarity ploy or not, I don't know. I personally thought it was absurd.

I've never been stopped in such a situation but my son was, when he was returning to the US. He was 14 at the time, and got tagged because of "something suspicious" in his backpack. He was terrified as all these stern looking people come over. They didn't allow me near though he was special needs, large for his age but mental age is lower, and didn't speak German. It was all over Groundon. You know him? A Pokémon that my son had a plushie of, which is his security toy. They laughed then, too, but my son was understandably traumatized believing they were going to take both him and his toy away.

Of course, no apologies, no acknowledgement. They shove it in a bag, barely looked at him or me and carried on. Most don't care about you personally, that's for sure. As a former officer myself, I know you do see so many people daily, you do/can become more dismissive to humanity and human needs and concerns but sometimes its completely over the top. Germany is becoming far more strict, overly stern and arbitary in such situations than its usual bureaucratic, to the letter and beyond, just-have-to-count-to-ten self. I'm comparing ten years ago when I first came back to Germany, to today's nonsense. Anytime you have to deal with an official office here, that's just how it goes.

6 ( +6 / -0 )

What about her shoes? She did not have documents for the purchase of those. What a bunch of bull. Give her back her belongings

I'm guessing her shoes were not worth a million dollars. She's not Sarah Jessica Parker.

3 ( +3 / -0 )

The Germans need the money since their bailing out the Greeks.

Its horrific how immigration and customs around the world have overwhelming powers to oppress travelers. By far the Japanese immigration is the best I've seen, most polite and helpful.

1 ( +2 / -1 )

How do you prove you're an artist? I guess you need paperwork to prove you don't need the other paperwork.

Thanks, taj. All makes sense now.

1 ( +1 / -0 )

@Cierzo

I have a 250 year old violin which has been passed down generations of my family and is now used by my son who travels back and forth from Japan to Europe with it.

Cierzo98, has your violin been insured? If so, a copy of that would indicate the estimated cash value and prove ownership. Perhaps your son should be carrying a copy of your policy. (Something that would never have occured to me, but then I never pack around anything of significant value.)

@lucabrasi

I don't get it. Is a carnet a legal requirement for an artist, or not?

How do you prove you're an artist? I guess you need paperwork to prove you don't need the other paperwork.

2 ( +2 / -0 )

Yep, she bought the piece in east Asia but lives in Brussels. She never declared the violin in the EU, therefore she was convicted of tax fraud. The huge amount consists of tax, the other half are penalties. Pretty clear to me. If you bring your Ferrari (violin was estimated at 1 million Euro) into the EU, you need to tax it as some point. More at http://wap.bild.de/news/inland/zollamt/der-zoll-hat-meine-geige-1mio-euro-wert-beschlagnahmt-25713368.bild.html

0 ( +4 / -4 )

@GW

... anyone traveling with small amounts of Tools of the Trade both in size & values can LIKELY make it in & out of countries without paperwork, Carnets, BUT make no mistake you are rolling the dice,...

I don't get it. Is a carnet a legal requirement for an artist, or not? If not, then how are you "rolling the dice" without one?

If the customs officers don't know the law, then they need better training

0 ( +1 / -1 )

Artists do not need carnets.

Zichi,

You are both correct & wrong, let me explain, while anyone traveling with small amounts of Tools of the Trade both in size & values can LIKELY make it in & out of countries without paperwork, Carnets, BUT make no mistake you are rolling the dice, I wud say your chances are 95% you fine IF the goods in question dont have much value & easily fit into typical luggage.

But I can assure you Lady Gaga & The Beach Boys definitely used Carnets when they came to Japan & else where

2 ( +2 / -0 )

Bureaucratic stupidity knows no borders.

3 ( +3 / -0 )

Try UK Customs: Send a present and get them holding it, poking it and asking for money! Thieves!

0 ( +0 / -0 )

The violin could be worth ten bucks or sound like cats, it's the absurdity of this matter. Frankfurt: remember to forget your laptop, I-phone, jewels, or anything of value without proof of purchase. Not even the U.S. tax-man is this anal. Smells like bullying..

3 ( +3 / -0 )

Either way if you carry a $1.2mill Tool of the Trade through customs you should declare it and show the proper papers of ownership.

She most likely was fined because of that as customs couldn't certify ownership.

0 ( +1 / -1 )

@kensato

When you enter the EU (same in Japan) you fill out a customs form declaring that you are not in possession of goods exceeding a certain value.

I think you may have this wrong. You have to fill out a form declaring any "cash or monetary (not musical!) instruments" worth in excess of 10,000 euros.

I'm sure I've never filled out a form asking about goods when gone home via Frankfurt.

1 ( +1 / -0 )

Too strict and too expensive fee but that's the law of Carnet in Germany and Italy.

0 ( +0 / -0 )

Don't look for many musicians to come visiting Germany any time soon.

2 ( +3 / -1 )

Oh my!!!

0 ( +0 / -0 )

Totally agree if you carry such a classic and valuable Instrument you need to have your papers in order.

Many stolen Instruments pass through europe and are traded there.

She should have known as much or her Manager should have had the paper-work prepared. Right now best for her would be to suck it up and pay the fines, I am sure she is making a good income.

0 ( +1 / -1 )

GW:

Thanks for your precise explanation.

Well before "Europe" was created, and the Schengen treaty made it easier to pass borders, there were issues with customs. When I went for a research trip from Germany to Sweden around 15 years ago, we had measurement instruments in our car, worth approx. 500000 DM. Of course, we had to make the mentioned CARNET, so that customs were able to check. Actually most strict were the customs, when we were returning to Germany.

So the musician with the violine made several mistakes.

a) She did not prepare a carnet. Or at least some document proving that she is the owner and has the intention to keep it.

b) It seems she had chosen the exit labeled "nothing to declare". Big mistake in her case, as customs have some quite sharp limits on the value of things, which one is bringing into the country. Not much different from the situation, when entering Japan. Something like 100 Euro per item, 2000 Euro for the whole luggage, and 10000 Euro for currency, if it is not declared. If declared, up to 30000 Euro is currency is allowed.

Definitely, with her violin, a declaration or a carnet is necessary.

4 ( +5 / -1 )

The German government needs to pay her for any damages they have caused it and then pay her for lost wages due to their thieft of her property.

-1 ( +1 / -2 )

A sleazy way to make up for the endless financing they (Germans) have done for Greece and Italy!

-1 ( +0 / -1 )

Truly dumb beyond belief. They area acting like mafioso. How ridiculous. The German government should be ashamed of themselves.

1 ( +1 / -0 )

With governments looking to claw back revenue in stealth taxes or any other way possible, incidents like this will become more common.

1 ( +2 / -1 )

Very sad story.

Does transit passengers are bound to pay taxes in Germany?

German Embassy in Tokyo should clarify this matter. Also people should lodge protest with the Embassy. Simple and easy.

-1 ( +1 / -2 )

I agree with GW. Customs can do whatever they wish. They don't do it often though. She assumed that carrying the violin is nothing (part of her, did she say?), so she wasn't prepared. That's a mistake with something so valuable.

I have travelled with business items but I always carried documentation with me. The only time I was stopped at customs was in Germany(!) when they found a suspicious looking block of iron in my carry-on suitcase. It turned out to be a candle holder I bought at a Christmas market, and I think that was the only time I saw a German Customs man let out a laugh..! :)

2 ( +3 / -1 )

Got nailed in Frankfurt few years back also.. When you arrive in Frankfurt, that becomes your point-of-entry into the EU = pass through customs. When I go to EU and pass through the main-hubs , there are typically no customs @ your final destination because you've already passed through on entry into the EU. Last time I passed Frankfurt on my way to DK, immigration was in Frankfurt as well.

1 ( +1 / -0 )

They should have not asker this huge amount of money to return it to its owner. However, Customs did what they are paid to do. Japanese and Chinese Customs are among the most rigid ones. Here in Brazil Customs will make a legal case if they catch your Macbooks without receipts. It is rigid everywhere.

-1 ( +0 / -1 )

German customs hate Japanese people?

-3 ( +1 / -4 )

When you enter the EU (same in Japan) you fill out a customs form declaring that you are not in possession of goods exceeding a certain value.

Obviously she knowingly made false statements on her customs declaration so it's not surprising that you gets into trouble for it.

Furthermore, why did you make false statements? It's not like she could haven forgotten that she was carrying 1 million USD worth item with her.

3 ( +6 / -3 )

shiofuki: The problem with your argument is that she wasn't importing the violin. She was only transiting throught Frankfurt Airport.

4 ( +4 / -0 )

A lot of people on this thread dont seem to understand that ANY country can if they choose to assess applicable duty/taxes on ANYTHING entering a country, PERIOD!

Having said that travelers with PERSONAL EFFECTS are fine typically. TOOLS OF THE TRADE, as is the violin in this case, is NOT so clear. Anyone on business or an artist who regularly travels shud carry a manifest of their tools of the trade just in case customs starts asking questions, it should include a brief description of goods, where they were made & their values.

Even better if your home base is a country that alows the ATA CARNETs, its best to raise an ATA CARNET(its like a passport for things, you get it stamped upon arrival & when you depart). For the amount of traveling htis woman clearly does I highly suspect she knows what a CARNET is, but never had one made, I will bet you a million dollars once she gets her violin back she will in the future!

I help my customers use Carnets ALL the time in/out of Japan, just signed out a bunch of musical equip this AM at NRT, its easy to do & customs will then leave you alone.

All that said the German customs office are being PR%$KS, period, after some initial clarification a simple apology from the woman & she shud have her violin returned pronto.

But as I said above ANY country can & does have the right to assess duty/taxes IF if chooses to, most obviously dont but keep in mind YOU CAN GET NAILED.

Remember Customs is GOD, they rule the roost even though they can be total jerks, just sayin!

6 ( +7 / -1 )

It is absurd. Many of these valuable instruments are not 'owned' by the musicians that play them, but on loan from a foundation, so the musician would not have proof of purchase or ownership in any case. I have a 250 year old violin which has been passed down generations of my family and is now used by my son who travels back and forth from Japan to Europe with it. It doesn't have the value of a Guarneri, but is precious to us personally nevertheless. Where does one get a purchase receipt for a violin bought over 200 years ago - and how the blazes do the customs officers put a value on it (on the spot)? Maybe they look at the date carved inside and estimate a few million even if it's worth a fraction of that. I wonder if they are now experienced luthiers as well as intimidators.

6 ( +6 / -0 )

Disgusting.

3 ( +3 / -0 )

The item is not for sale and will not be left in Germany after the concert.

Like I said, that doesn't seem to bother customs people. Even if it's your own, for your own use, it is considered an import and can be taxed as such.

0 ( +0 / -0 )

Typical statist sophistry! Not surprising.

-2 ( +0 / -2 )

Idiots trying to do their job.

5 ( +5 / -0 )

this is getting absurd...the item is to be used for a cocert, not to be sold but because the lady can not show proof of purchase the custom classified the item as a high priced commodity and taxed and because it is a high priced commodity and she did not declare it she was also fined the exact amount as the tax. Am I the only one scratching my head?

The item is not for sale and will not be left in Germany after the concert. The lady needs the violin because she uses it for her show. I thought only Japanese are lacking in common sense?

-1 ( +2 / -3 )

People are saying that if it's not for sale she shouldn't have to pay import tax. Unfortunately that isn't true. A friend of mine sent his possessions back from Japan to the UK upon leaving, only to be hit with huge (well, relatively in comparison to this incident) import costs on things he owns. Some of those things were even bought in the UK. Customs can s-crew you, plain and simple.

5 ( +5 / -0 )

The strangest thing here is that now that she's shown proof of ownership they STILL won't return it.

8 ( +8 / -0 )

Why is there a star of David in the photograph?

-1 ( +0 / -1 )

It seems that musicians can not play with high valuable instruments in Germany any more. Please don't bring expensive things in Germany as they will take yours if you don't pay lots of money. No orchestra would go to Germany.

2 ( +2 / -0 )

Customs confiscated the valuable fiddle because she could not provide the documents for her 1986 purchase, the Yomiuri said.

So if I want to visit Germany I'll have to provide documents for the clothes that are on my back? Yeah great one Germany you friggin morons.

3 ( +4 / -1 )

Interesting. Not that I travel with anything really valuable, but I never carried around any receipts or proof of purchase for anything (unless I just bought it at the airport). I wonder what they plan on doing with the violin if she doesn't pay up. Where are they planning on keeping the violin? Are they going to be held responsible if anything happens to the violin while it's in thier possesion?

3 ( +3 / -0 )

As much as the situation is ridiculous, let's refrain from nationality bashing. Customs anywhere have a bad rep, sometimes even deserved. This seems to be a case where it is.

1 ( +2 / -1 )

Probably some problems with a wrong documentation or something. Maybe there was some verbal misunderstanding - who knows? Similar things could happen in other countries as well, if there is a language barrier. It seems unwise to judge as long as the whole affair is not settled yet. But people love to scream bloody murder if it's against someone from one's own country. I'd assume these guys are just going by the book. Any such case is just sad and stupid, but I can't see any evil in it.

0 ( +2 / -2 )

Unless she plans to sell the violin in Germany, she shouldn't have to pay tax on it. It is a shame that it takes such a long time to get the violin back though. Unless they expect this musician of trafficking high price violins, they should just admit their mistake and go on about their business.

6 ( +6 / -0 )

Yes, as a person suggested above, there is probably more to this particular story.

Although, I do know that Germany is now on the war-path regarding the collection of customs duties. I export many items to Germany, and recently, almost all of my customers there are reporting delays in receiving their goods because the German customs dept. is paying close attention to the value of the items, and questioning the paperwork and declarations more closely.

2 ( +2 / -0 )

What a bunch of idiots...this is robbery....give it back you morons!

2 ( +3 / -1 )

Sounds like the sort of thing US ICE does on the US northern borders (Montreal Airport). You just cant expect to be treated fairly, as used to be the case, esp. for Japanese nationals long reknowned for honesty, correctness, and being a friendly ally. Germany seems to have caught the (regrettably American) "lets stick it to good people" malady. Hope reason and decency returns someday.

-7 ( +3 / -10 )

I've always known German customs to be fair.... I think there is more involved to this story than what we're reading in this article. There may have been a similar Violin stolen recently and they are taking every precaution.

-7 ( +3 / -10 )

Will these resources be used to shoot down the debt greece?

-1 ( +1 / -2 )

Japan should protest. Maybe a few concerned citizens should find a German island to occupy.

1 ( +5 / -4 )

This is official theft. Does this mean that from now on when I enter Germany I need papers for my Leicas and lenses? I've never heard of this sort of idiocy from the Germans before. Having lived there I do know that once the Germans get on something Ordnung muss sein and they go nutz with their rules and regulations. Right now they are starving Greece because of the mentality. I hope the lady gets her violin back without too much screaming a desk pounding (which you must unfortunately do in Germany to fight official stupidity).

10 ( +11 / -1 )

A.k.a. "kidnap for ransom," plain and simple.

7 ( +7 / -0 )

Problems with the Euro must be strangling Germany too for them to resort to extracting moneys this way ! LOL

7 ( +8 / -2 )

If she didn't buy it in Germany and wasn't trying to take it out of the country without paying export tax, then she must surely have had it insured since she bought it in 1986.

Why not show them her insurance policy and get a verified translation as proof?

6 ( +7 / -1 )

WTF?

3 ( +3 / -0 )

Law of reciprocity, confiscate germans estates in japan too.

0 ( +3 / -3 )

I know that person at customs! She used to work at Lufthansa check-in Hamburg airport, gave me a lot of BS when I traveled alone with my kid. Looks like customs is working now together with this airline to provide "service 100% to the letter". What about jewelry, you also have to always carry prove of purchase with you?

9 ( +9 / -0 )

This is a joke ?

7 ( +8 / -1 )

A spokesman for the German authorities has suggested that the violin might be returned if it is regarded as necessary for >her job, the Yomiuri said.

She's a professional violinist. Duh.

22 ( +23 / -1 )

Is it mere coincidence that there is a Star of David in the top left of the photograph?

Or is this some kind of subliminal message suggesting that the Nazi's are back?

0 ( +0 / -0 )

anybody around here carrying proof of purchase of their belonging when passing thru the airport customs?

16 ( +16 / -0 )

What about her shoes? She did not have documents for the purchase of those. What a bunch of bull. Give her back her belongings.

30 ( +29 / -0 )

The superiority of Stradivari or Guarneri violins has been proven to be a myth anyway. A couple of years ago, a legitimate scientist proved that even professional violinists can't tell the difference between a Stradivari or a good quality modern violin. Easy to find on Google for a good laugh. Still, they probably play better knawing they have half a million $ in their arms!

-5 ( +7 / -12 )

It is not for sale, she uses it for her work. Its an illegal seizure.

29 ( +28 / -1 )

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