Tue01272015

Schools

MVLA revisits prospect of ninth-grade PE exemptions

MVLA revisits prospect of ninth-grade PE exemptions


Ellie Van Houtte/Town Crier
The Mountain View Los Altos Union High School District Board of Trustees is scheduled to vote on a proposal to exempt ninth-grade student-athletes from taking PE. Students take part in a physical education class at Mount...

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Community

Midnight Express offers late-night rides from SF

Midnight Express offers late-night rides from SF


From Midnight Express Instagram
A group of millennial-aged Santas celebrating a night on the town prepare for a safe ride from San Francisco to their South Bay homes, courtesy of Cory Althoff’s new Midnight Express shuttle.

It’s no understatemen...

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Comment

More open than ever: Editorial

One of the Los Altos City Council’s objectives for 2015 is implementing an open-government policy. The title of the policy may be somewhat misleading, because it’s not as if the city has had a closed-government policy. But the new proposal goes beyon...

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Business

Cassidy Turley, DTZ plan to combine

Cassidy Turley, DTZ plan to combine


Ellie Van Houtte/Town Crier
Cassidy Turley, which has offices at 339 S. San Antonio Road, is combining with DTZ following its recent acquisition.

Commercial real estate services companies DTZ and Cassidy Turley have joined forces to operate as a sin...

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Books

Gawande's

Gawande's "Being Mortal" proves an important book on aging


Books about death and dying are usually not on my list of “must reads.”

I couldn’t resist, however, the best-selling “Being Mortal: Medicine and What Matters in the End” (Metropolitan Books, 2014) by Atul Gawande.

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People

JUDY HOFFMANN

JUDY HOFFMANN

Judy Hoffmann passed away unexpectedly October 17, 2014 in New York City. It was only fitting Judy would be traveling and enjoying special adventures in so many different places until the very end.

Judy has lived since 1969 in Los Altos with her h...

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Travel

Cuban photographer slated to appear at Foothill

Cuban photographer slated to appear at Foothill


Courtesy of Raúl Cañibano
Cuban photographer Raúl Cañibano is set to appear at Foothill College tonight. His work – including the image “Series: Guajira’s Land, Viñales, 2007,” right – is on display at the KCI Gallery t...

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Stepping Out

TheatreWorks launches '2 Pianos' in Mtn. View

TheatreWorks launches '2 Pianos' in Mtn. View


Suellen Fitzsimmons/Special to the Town Crier
Christopher Tocco stars in TheatreWorks’ “2 Pianos 4 Hands,” which opened last week.

TheatreWorks’ production of “2 Pianos 4 Hands” is scheduled to run through Feb. 15 at the Mountain View Center fo...

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Spiritual Life

Start something great by ringing in the new year with prayer

There is a tradition, which I’m told originates in the Midwest, that calls for people to pray in the new year. A few years ago, I was invited to a friend’s house and a number of people stayed up until midnight (approximately two hours pa...

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Magazine

Christmas At Our House home tour celebrates 26 years

Christmas At Our House home tour celebrates 26 years


Courtesy of Christopher Stark
Homes on the St. Francis High School Women’s Club’s Christmas at Our House Holiday Home Tour showcase a variety of architectural styles.

The days grow short on sunshine but long on nostalgia as the holidays approach...

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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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