Sat08292015

News

Enchanté plaza remains open to the public

Enchanté plaza remains open to the public

Alicia Castro/Town Crier
The plaza area at Enchanté Boutique Hotel now serves drinks and small plates.

The Los Altos City Council Aug. 25 voted unanimously in favor of Enchanté Boutique Hotel serving beverages and small plates to the public on t...

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Schools

Mountain View High launches Bring Your Own Device program

Mountain View High launches Bring Your Own Device program


Megan V. Winslow/Town Crier
Mountain View High School staff distribute Chromebooks to students last week. The school is rolling out the Bring Your Own Device program this year, which gives students and teachers around-the-clock access to laptops.

Mo...

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Community

'Rock Back the Clock': End of an era, beginning of new one

'Rock Back the Clock': End of an era, beginning of new one


Town Crier File Photo
Time has run out for “Rock Back the Clock,” the 1950s-themed dance party at Rancho Shopping Center.

After 25 successful years, the “Rock Back the Clock” Committee has decided to end the annual 1950s-themed event held at R...

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Sports

Dean of the badminton court

Dean of the badminton court


Courtesy of the Tan family
Los Altos resident Dean Tan and mixed- doubles partner Jenny Gai stand on the podium shortly after winning the gold at the 2015 Pan Am Junior Badminton Championships earlier this month in Tijuana, Mexico.

Dean Tan began pl...

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Comment

Warning: Useless flood basin ahead

Our water and fire agencies receive much attention (and scrutiny) during the hot, dry days of summer – water for the lack of it and fire for its widespread destruction. During this extreme drought year, we are deluged with water conservation ma...

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Special Sections

A tale of two Los Altos love stories: Country club classic


Photos Courtesy of Kelly Boitano Photography
Lindsey Murray and Christof Wessbecher tie the knot in Los Altos.

Lindsey Murray and Christof Wessbecher grew up in parallel Los Altos orbits, never meeting – he went to St. Francis High School, sh...

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Business

Five thoughts on the current market correction

The 531-point drop in the Dow Jones industrial average Friday (Aug. 21) was certainly headline grabbing in its magnitude. It represented a one-day 3.1 percent drop in the index and resulted in a 10 percent correction from its high in May.

It’s compl...

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People

BRUCE CHARLES MEYER

BRUCE CHARLES MEYER

Bruce Charles Meyer, 81, died Wednesday, August 5th at his home in Carmel, California. He leaves his wife Valda Cotsworth and her daughter Katie Roos; his sons, Bruce and Joseph Meyer from his first marriage and his brother Gordon Meyer; four grand...

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Travel

Carmel Valley Ranch unveils upgrades

Carmel Valley Ranch unveils upgrades


Courtesy of Carmel Valley Ranch
Carmel Valley Ranch recently upgraded its Vineyard Oak suites, which feature sweeping views, rocking chairs and private outdoor tubs for soaking under the stars.

Things are heating up at Carmel Valley Ranch, with 30 n...

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Stepping Out

Open 'House'

Open 'House'


Kevin Berne/Special to the Town Crier
Anna Patterson (played by Kimberly King) accepts a drink from Michael Astor (Jason Kuykendall) in “The Country House.”

TheaterWorks Silicon Valley’s regional premiere of “The Country House” is scheduled to r...

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Spiritual Life

Los Altos native combines Judaism, social justice, advocacy

Los Altos native combines Judaism, social justice, advocacy


Los Altos native Gabriel Lehrman’s passion for Judaism, social justice and advocacy brought him to Washington, D.C., this summer for the Machon Kaplan Summer Social Action Internship program at the Religious Action Center of Reform Judaism.

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Inside Mountain View

MV actress/playwright Garvin wins NY festival award for

MV actress/playwright Garvin wins NY festival award for "Corners Grove"


Courtesy of Undiscovered Countries
Kaela Mei-Shing Garvin received a New York arts festival award for a featured role in “Corners Grove,” a play she wrote.

New York recognized that one of Mountain View’s own can “make it there” when the Planet C...

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Judge rules against local businessman in Ponzi-like case

After a year of back-and-forth, a judge concluded this week that Los Altos resident Mark Feathers and his company, Small Business Capital Corp., violated federal securities and exchange laws.

U.S. District Judge Edward J. Davila accepted Securities and Exchange Commission evidence that because of fraud and mismanagement, SB Capital’s 400 investors have lost approximately 25 percent of the $42 million they invested.

In an order filed Friday, Davila granted the SEC’s request for a summary judgment and denied Feathers’ competing request for the same. He ordered the “disgorgement of ill-gotten gains” and set a hearing date Oct. 22 to consider “what remedies are to be granted and in what amounts.”

A court renders a summary judgment when a judge finds no genuine dispute as to any material fact – in other words, when evidence appears so conclusive as to not require a full trial. Representing himself and his company, Feathers had to show what Davila called a “genuine issue for trial.” In his order, Davila laid out why Feathers’ submissions to the court did not meet that standard and discussed to what extent the court had to cut Feathers some slack – to “liberally construe” his submissions – because he represented himself without a lawyer. Evidence submitted to the court must include affidavits or “other evidentiary material,” and Davila described Feathers’ submissions as falling short of that standard.

“I have been outnumbered by a large margin in the manpower necessary to present facts, never mind putting them into the right legal framework,” Feathers told the Town Crier in an email.

He wrote to investors that he would appeal the judgment.

Investors, many of them Los Altos residents, bought into two mortgage investment funds Feathers managed from an office on San Antonio Road. The SEC contended that Feathers transferred money from the funds to pay expenses and make cash distributions to investors that masqueraded as “returns on investment,” maintaining an illusion of profitability.

SEC attorney John Bulgozdy described the process of using investor money to pay returns as “Ponzi-like.” Feathers maintained that because he disclosed the loans and transfers to investors, his actions were aboveboard and not in fact evidence of fraud and misrepresentation.

Feathers submitted hundreds of documents including SB Capital paperwork and emails to the court, but Davila wrote that Feathers didn’t indicate with sufficient specificity what he believed they proved – “It is not the task of the court to comb through the record in search of genuine issue of triable fact.”

In his order, Davila referenced testimony from an auditor and a consultant suggesting that Feathers loaned himself money from the funds, then documented it in a way that made the business appear to still be generating profit.

Davila had to weigh whether a “reasonable investor” might have made a different decision with his or her money if he or she had known about the loans and money transfers at SB Capital. He concluded, based in part on declarations two investors made to the SEC, that investors might have withdrawn their investments if they had known what the company was doing.

Davila declared that Feathers’ accounting demonstrated an intent to deceive or, at a minimum, “extreme recklessness in his management of the (f)unds.”

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