Mon07062015

News

Effective today, library cards free again in Los Altos

Both Los Altos libraries should see a spike in use soon. After the elimination of an $80 annual card fee that had been in place since 2011, nonresidents will receive free library cards at local libraries, effective today.

Residents of Mountain View ...

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Schools

Almond fifth-graders set sail at Shoreline

Almond fifth-graders set sail at Shoreline


Courtesy of Corinne Finegan Machatzke
Fifth- graders at Almond School launched the boats they designed and built at Shoreline Lake last month.

Almond School fifth-graders boarded their handmade boats at Shoreline Lake in Mountain View last month to...

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Community

Taking it back to 'The Streets': Local filmmaker aims to revive 1970s series 'Streets of San Francisco'

Taking it back to 'The Streets': Local filmmaker aims to revive 1970s series 'Streets of San Francisco'


Courtesy of Charles Alley
Charles Alley’s filmmaking company may be based in Mountain View, but he knows all about “The Streets of San Francisco.” He’s rebooting the 1970s TV classic.

When people look for the next hit TV show, they often assume ...

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Sports

Enjoying the moment


Courtesy of Dick D’OlivA
Former Golden State Warriors trainer Dick D’Oliva, from left, wife Vi, former Warriors assistant coach Joe Roberts and wife Celia ride on a cable car in the victory parade.

Dick D’Oliva almost couldn’...

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Comment

The death knell of suburbia: A Piece of My Mind

The orchards are gone. The single-story ranch house is seen as a waste of valuable land and air space. An eight-lane freeway thunders past the bridle paths in Los Altos Hills. But nothing has signaled the death of suburbia more strongly than the ann...

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Special Sections

While competent & safe, MKC still can't catch European competitors

While competent & safe, MKC still can't catch European competitors


courtesy of Ford
The 2015 Lincoln MKC doesn’t overwhelm as far as overall performance goes, but it does offer comfortable ride quality.

Of all the auto companies with headquarters in the United States, only Ford managed to weather the great re...

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Business

Company installs EV charging stations at LAHS

Company installs EV charging stations at LAHS


Courtesy of Green Charge
Officials from Los Altos, Los Altos Hills and the Mountain View Los Altos Union High School District celebrate the installation of electric-vehicle charging stations at Los Altos High last week.

The Mountain View Los Alto...

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Books

People

HILDA CLAIRE FENTON

Hilda Claire Fenton, beloved wife and mom to 9, grandmother to 30 and great grandmother to 22, passed away June 20 following a long illness. She was 90.

Hilda was born Sept. 28, 1924, to Lois and Gus Farley then of Logan, W. Va. While she was still ...

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Travel

Venetian spa offers ways to de-stress

Venetian spa offers ways to de-stress


Courtesy of The VEnetian
The HydroSpa in the Canyon Ranch SpaClub at The Venetian in Las Vegas offers a muscle-relaxing bath and radiant lounge chairs.

Vegas cab drivers usually ask if you won or lost as soon as you get in their vehicles. They assum...

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Stepping Out

Cast carries 'Arcadia'

Cast carries 'Arcadia'


Courtesy of Pear Avenue Theatre
“Arcadia” stars Monica Ammerman and Robert Sean Campbell.

The intimate setting of Mountain View’s Pear Avenue Theatre proves the perfect place to stage “Arcadia,” allowing audience members to feel as though they a...

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Spiritual Life

Magazine

Living it up Older adults aim to age in place

Living it up Older adults aim to age in place


Megan V. Winslow/Town Crier
Local enthusiasts flock to the Los Altos Senior Center to play bocce ball. The center hosts informal games four days a week and occasional tournaments.

As baby boomers in Los Altos, Los Altos Hills and Mountain View nose...

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Inside Mountain View

Carrying the torch

Carrying the torch


Members of the Mountain View Police Department carry the Special Olympics torch as they run along El Camino Real between Sunnyvale and Palo Alto June 18. Members of the department participate in the relay annually to show their support for Spec...

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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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