Mon04272015

News

LAH resident killed in cycling accident

LAH resident killed in cycling accident

A longtime Los Altos Hills resident and philanthropist struck by a bicyclist Monday (April 20) while walking along Page Mill Road has died from the injuries she sustained.

Kathryn Green, 61, died a day after the accident, according to the Santa Clar...

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Schools

LASD Junior Olympics scheduled Saturday

LASD Junior Olympics scheduled Saturday


Town Crier File Photo
The Los Altos School District Junior Olympics are slated Saturday at Mountain View High School. District officials say the opening ceremonies, above, are always memorable.

Los Altos School District fourth- through sixth-grader...

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Community

Altruism, adventure in Africa: Los Altos couple relates experiences in new book

Altruism, adventure in Africa: Los Altos couple relates experiences in new book


Courtesy of Wendy Walleigh
Rick and Wendy Walleigh spent a year and a half in Swaziland and Kenya.

Los Altos residents Rick and Wendy Walleigh experienced long, successful high-tech careers. But retirement? No, it was time for an encore.

Leavin...

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Sports

Workout warriors

Workout warriors


Megan V. Winslow/Town Crier
Los Altos High gymnast Jessica Nelson soars by coach Youlee Lee during practice last week. Lee is a 2005 Los Altos High grad.

Some coaches would like to see their athletes work harder. Youlee Lee has the opposite problem ...

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Comment

Ending the debate: No Shoes, Please

In a general sense, everything is up for debate with me: What do I cook for dinner? Did I do the right thing? What color paint for the bedroom? Do I really want to go? Has the team improved? What difference does it make? Should I give him a call? Is...

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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

Physical therapist brings business background to new Los Altos clinic

Physical therapist brings business background to new Los Altos clinic

Courtesy of Eliza Snow
Strive owner Robert Abrams, kneeling, runs a balance test.

With more than a dozen physical therapy clinics in Los Altos, one new business owner streamlined his approach in an effort to set his practice apart.

“I always wan...

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Books

People

CAPTAIN: CHARLES THOMAS MINOR

CAPTAIN: CHARLES THOMAS MINOR

Age 96

December 7, 1918  - March 28, 2015 

Chuck passed away peacefully in the home he built in Los Altos surrounded by his beautiful wife of 69 years, Bonnie, his two sons and their spouses, David Minor & Caryn Joe Pulliam; Steve &...

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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

Stage fright

Stage fright


Joyce Goldschmid/Special to the Town Crier
“The Addams Family” stars, from left, Betsy Kruse Craig (as Morticia), Joey McDaniel (Uncle Fester) and Doug Santana (Gomez).

The Palo Alto Players production of “The Addams Family”...

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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

Up to the challenge: Local leaders unite to help at-risk youth

Up to the challenge: Local leaders unite to help at-risk youth


Courtesy of Challenge Team
Jeanette Freiberg, bottom of pile, has fun with family members. The Challenge Team named Freiberg, a student at Mountain View High School, its 2015 Youth Champion.

There’s an ongoing joke among members of the Challenge...

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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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