Tue09162014

News

Council approves directional signs for Los Altos' Woodland Plaza

Council approves directional signs for Los Altos' Woodland Plaza


Ellie Van Houtte/Town Crier
The Los Altos City Council last week approved the installation of two new directional signs on Foothill Expressway pointing motorists to the Woodland Plaza Shopping District.

The Los Altos City Council voted unanimou...

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Schools

New head of curriculum’s ideologies align with LASD

New head of curriculum’s ideologies align with LASD


Ellie Van Houtte/Town Crier
Edsel Clark, new Los Altos School District assistant superintendent for curriculum and instruction, above, facilitates a junior high mathematics curriculum meeting last week.

Edsel Clark, Ed.D., new assistant superintend...

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Community

Closing reception caps Foothill photo show on rural China

Closing reception caps Foothill photo show on rural China


From IncredibleTravelPhotos.com
Jacque Kae’s “Mischievous” is one of the many photographs on display at Foothill College this month.

Photographs of the land and culture of Huangshan and Zhangjiajie, China, are on exhibit through Sept. 26 at t...

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Sports

Spartans shine in opener

Spartans shine in opener


Ellie Van Houtte/Town Crier
Mountain View High’s Frank Kapp snares a touchdown pass from quarterback Owen Mountford in Friday’s win.

Leading by a point at halftime, the Mountain View High football team outscored visiting Del Mar 20-0 the rest of...

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Comment

A look ahead to the Nov. 4 election: Editorial

Election season is upon us. In Los Altos, we have three major local races ahead – two seats on the Los Altos City Council, and three seats each on the Los Altos School District and Mountain View-Los Altos Union High School District boards of tr...

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Special Sections

Renovation complete,  Villa Siena looks to future

Renovation complete, Villa Siena looks to future


Above and Below Photos Ellie Van Houtte/Town Crier; Left Photo Courtesy of Villa Siena
Villa Siena in Mountain View recently underwent a $35 million face-lift. The five-year project expanded their senior living community’s space and ability to serv...

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Business

Transitioning from postage to pets

Transitioning from postage to pets


Ellie Van Houtte/Town Crier
A new Pet Food Express store is scheduled to open at the Blossom Valley Shopping Center this month.

A site that previously existed to meet postal service needs will soon have an entirely different purpose – serving pe...

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Books

‘The Humans’ transcends alien genre to glean human insights

‘The Humans’ transcends alien genre to glean human insights


A good story about aliens is always great fun to read – after all, it’s only by attempting to understand the human race from another perspective that we can see ourselves more objectively.

But readers who might be tempted to dismiss ye...

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People

JEANNE PACKARD

After suffering a stroke in May, Jeanne Packard died August 10, 2014 at age 83. She was born in 1931 in Berlin, Germany, the only child of Emily Channel and Frank Howe Packard of Chicago, IL. Jeanne is survived by 5 great grandchildren. She was a lon...

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Travel

LA photographer spends a night with cranes – and moose – in Alaska

LA photographer spends a night with cranes – and moose – in Alaska


Sandy Powell/Special to the Town Crier
Los Altos resident and bird photographer Sandy Powell recently visited Homer, Alaska, to photograph Sandhill cranes, below. While there, Powell also encountered moose, left.

Los Altos resident Sandy Powell, a...

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Stepping Out

'Trailer Park' opens in Los Altos

'Trailer Park' opens in Los Altos


Courtesy of Los
The cast of Los Altos Stage Company’s “The Great American Trailer Park Musical” includes, from left, Mylissa Malley as Lin, Vanessa Alvarez as Betty, and Christina Bolognini as Pickles. Altos Stage Company

Los Altos Stage Company...

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Spiritual Life

9/11 survivor Michael Hingson finds purpose

Imagine walking down 78 flights of stairs – 1,463 individual steps. You are in imminent danger as you walk, unsure whether you can make it out of the building before it collapses or explodes. Struggling for each breath, you smell the heavy sten...

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Magazine

Los Altos Hills home showcases resort-inspired living

Los Altos Hills home showcases resort-inspired living


Courtesy of Spectrum Interior Design
In place of a more traditional fireplace, this modern living room features a linear-flame firebox that emits heat while offering a sculpturelike design element.

After traveling the world and visiting a host...

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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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