Wed09022015

News

West Nile fogging commences today

West Nile fogging commences today


Courtesy of the Santa Clara County Vector Control District
Fogging commences Wednesday within the highlighted area.

The detection of West Nile Virus-infected mosquitos means that Santa Clara County officials will begin mosquito fogging operations...

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Schools

LASD trustees reopen negotiations with Los Altos Teachers Association

The Los Altos School District Board of Trustees last week directed staff to reopen negotiations with the Los Altos Teachers Association, a move intended to shore up the district’s financial picture.

According to the district’s current co...

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Community

LA teenager crowned Miss Golden State, advances to national pageant in Florida

LA teenager crowned Miss Golden State, advances to national pageant in Florida


Alicia Castro/Town Crier
Alexandra McCarthy, crowned Miss Golden State Teen in July, earned “Ms. Personality” honors from her peers.

Alexandra McCarthy has a ways to go before reaching her coveted role as a U.S. Supreme Court justice. Bu...

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Sports

After rough year, Eagles aim to soar once more

After rough year, Eagles aim to soar once more


Megan V. Winslow/Town Crier
Los Altos High senior running back Patrick Vargas snares a pass in practice last week.

Don’t dismiss the Eagles. Coach Trevor Pruitt is adamant that his Los Altos High football team will be better than expected.

&#...

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Comment

Car spotting 2015: A Piece of My Mind

When I was a kid, September was exciting, almost like Christmas, because that was when the Big Three automakers would reveal the new models for the upcoming year.

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Special Sections

Loving on the Edge

Loving on the Edge


Courtesy of Ford
The Ford Edge has been redesigned for 2015. Ford lengthened the wheel base and added cargo space, among other things. The Titanium model sells for approximately $42,000.

Once in a while, a vehicle we test-drive is just right for our...

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Business

Wine bar aims for October opening

Wine bar aims for October opening


Rendering courtesy of Honcho
Honcho, the wine and beer lounge on First Street, expects an October launch. A rendering of the space reveals the interior layout, which includes bar and lounge-style seating.

A downtown libations lounge that anticip...

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People

LOIS CAROLINE WALLES

LOIS CAROLINE WALLES

November, 1928

Lois lost a long and courageous battle with a prolonged illness on July 14th, 2015. She passed away knowing how well she was loved. She was always the life of the party and loved bringing everyone to her home for dinner or an event,...

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Travel

Carmel Valley Ranch unveils upgrades

Carmel Valley Ranch unveils upgrades


Courtesy of Carmel Valley Ranch
Carmel Valley Ranch recently upgraded its Vineyard Oak suites, which feature sweeping views, rocking chairs and private outdoor tubs for soaking under the stars.

Things are heating up at Carmel Valley Ranch, with 30 n...

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Stepping Out

'Dead Man' comes alive at Bus Barn

'Dead Man' comes alive at Bus Barn


Richard Mayer/Special to the Town Crier
The cast of Los Altos Stage Company’s “Dead Man’s Cell Phone” includes, from left, Marjorie Hazeltine (as Hermia), Kristin Walter (Jean) and Adrienne Walters (Carlotta).

Los Altos Stage Company opens its ...

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Spiritual Life

Inside Mountain View

MV actress/playwright Garvin wins NY festival award for

MV actress/playwright Garvin wins NY festival award for "Corners Grove"


Courtesy of Undiscovered Countries
Kaela Mei-Shing Garvin received a New York arts festival award for a featured role in “Corners Grove,” a play she wrote.

New York recognized that one of Mountain View’s own can “make it there” when the Planet C...

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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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