Sun04192015

News

Car breaks through glass door, closes Trader Joe’s for the day

Car breaks through glass door, closes Trader Joe’s for the day

Alicia Castro/Town Crier
Trader Joe's employees survey the damage after a car smashed through the glass doorway earlier today.

Trader Joe’s on Homestead Road is closed for the remainder of the day (April 17) after a car barreled through the glas...

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Schools

Pinewood student writes book about living with autism

Pinewood student writes book about living with autism


Traci Newell/Town Crier
Pinewood School senior Georgia Lyon wrote and illustrated “How to Be Human: Diary of an Autistic Girl” in 2013.

Although first published under a pseudonym, Pinewood School student Georgia Lyon is stepping out to ...

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Community

Sale offers opportunity to 'discover' jewels, fight cancer

Sale offers opportunity to 'discover' jewels, fight cancer

Volunteers and staff at the American Cancer Society's Discovery Shop in downtown Los Altos urge shoppers to "Be A Gem, Buy A Jewel" during the shop's special sale this Friday (April 17) and Saturday (April 18).

The sale is an opportunity to find Mot...

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Comment

Editorial: Let's assume not to presume

Two recent downtown Los Altos stories offer lessons in the drawbacks of jumping to conclusions.

A few months back, the Town Crier published an article on Ladera Autoworks on First Street closing its doors. That part was true, but the reason was not....

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Special Sections

Fitness focus: No holds barred for Los Altos sisters

Fitness focus: No holds barred for Los Altos sisters


Photos Courtesy of Barre 3
Gillian Brotherson, kneeling at left, guides studio instructors through a workout at barre3 Los Altos.

Health is all about balance. That’s what two Los Altos natives learned as they navigated work, motherhood and welln...

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Business

Steinway gallery brings pianos, musicians to downtown Los Altos

Steinway gallery brings pianos, musicians to downtown Los Altos


Alicia Castro/Town Crier
Chrissy Huang, manager of Steinway Piano Gallery in Los Altos, showcases Steinway & Sons’ signature instruments. The gallery plans to host concerts with performers tickling the ivories.

A new downtown Los Altos bus...

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Books

'Pope Joan' Book weaves tale around legend of female pontiff

'Pope Joan' Book weaves tale around legend of female pontiff


The idea that there may have a female pope at one time in history has generated much speculation throughout the centuries. “Pope Joan” (Crown, 1996) by Donna Woolfolk Cross, does not answer the question; rather, the author has created a detai...

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People

GREG STAHLER

GREG STAHLER

Greg Stahler died unexpecdly in his home in Belmont on March 26, 2015. (He was born in Mountain View on June 23, 1972). He will really be missed by three beautiful young children, Haley 7, Hannah 5, and Tyler 3, and his wife Kathryn. He will also b...

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Travel

Cuba libre: Local residents join mad rush of travelers

Cuba libre: Local residents join mad rush of travelers


Natalie Elefant/Special to the Town Crier
Los Altos resident Natalie Elefant noted the vibrant street performances as a traveler in Cuba.

The U.S. restored diplomatic relations with Cuba late last year, enabling Americans to import $100 worth of cig...

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Stepping Out

'Those Darn Squirrels' invading Mountain View

'Those Darn Squirrels' invading Mountain View


Courtesy of Lyn Flaim Healy/ Spotlight Moments Photography
Noelle Merino stars in Peninsula Youth Theatre’s “Those Darn Squirrels.”

The Peninsula Youth Theatre’s world premiere adaptation of “Those Darn Squirrels” is scheduled Friday and Saturda...

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Spiritual Life

Magazine

Food for thought: Hidden Villa programs offer teens training in sustainability on the farm

Food for thought: Hidden Villa programs offer teens training in sustainability on the farm


/Town Crier It’s not all cute and cuddly for teens participating in the eight-week Animal Husbandry Apprenticeship program at Hidden Villa in Los Altos Hills. Mia Mosing of Palo Alto, left, and Sophia Jackson of Los Altos clean the pigpens – one of...

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Inside Mountain View

Home for disabled youth yields greener pastures

Home for disabled youth yields greener pastures


Alicia Castro/Town Crier
Green Pastures staff member JP Mercada, below right, helps Tommy, who lives at the group home, sort through papers and organize his room.

Tucked in the corner of a quiet residential cul-de-sac in Mountain View, Green Pastur...

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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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