Fri02272015

News

North Bayshore proposals due today

The City of Mountain View is receiving North Bayshore development proposals today. Applications may be made until the deadline at 5 p.m.

All submissions will be available for viewing March 2 at the Community Development Department counter in City Ha...

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Schools

Former NFL player huddles with Blach students about life choices

Former NFL player huddles with Blach students about life choices


Ellie Van HOutte/Town Crier
Former NFL tight end Eason Ramson visited with Blach Intermediate School students, Feb. 13 to share the perils of drug use. Now a motivational speaker, Ramson works with at-risk teens in San Francisco.

Although former ...

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Community

Chi Am Circle, Chef Chu's prove 'golden': Club sets fundraising goal of $200K for March fashion show

Chi Am Circle, Chef Chu's prove 'golden': Club sets fundraising goal of $200K for March fashion show


Courtesy of Bev Harada
Chi Am Circle members, from left, Gerrye Wong, Sylvia Eng, Pearl Lee and Muriel Kao flank Larry Chu Sr. at the Jan. 31 event honoring the club’s 50th and Chef Chu’s 45th anniversaries.

Chef Chu’s restaurant in Los Altos ho...

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Comment

Freedom's just another word: No Shoes, Please

It used to be that the word “freedom” held exclusively positive connotations for me, but now it’s really become a mixed bag. It all started in 2001 when President George W. Bush asked the question he felt was on the minds of most Americans regarding ...

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Special Sections

Filoli in bloom: Historic estate hosts  classes, events and tours

Filoli in bloom: Historic estate hosts classes, events and tours


Ellie Van Houtte/Town Crier
Scenes from Filoli: The historic estate in Woodside is a welcoming sanctuary for visitors. The grounds offer a rotating display of seasonal flowers, a tranquil reflecting pool and paths that wend through the 16-acre Engl...

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Business

Stock volatility still confusing

The market opened down more than 100 points Friday but by noon rose more than 130, the form of volatility that quickly draws investors’ attention. By week’s end, the Standard & Poor’s 500 index and the Dow Jones industrial aver...

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Books

French novel

French novel "Hunting and Gathering" offers character-driven suspense


Anna Gavalda is a well-known author in her native France, where she has published six books, most of which have met with considerable praise and commercial success. Her fourth novel, “Hunting and Gathering” (Riverhead Books, 2007), is filled ...

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People

CHRIS A. KENISON

CHRIS A. KENISON

Feb 13, 1945-Feb 6, 2015

Resident of Los Altos

Chris was born in Georgia and moved to Oklahoma as a young child. He grew up there and moved to California in 1965. He developed a strong work ethic from his grandparents and parents. He attended the...

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Travel

Seoul of the city: Korean capital offers mix of old and new

Seoul of the city: Korean capital offers mix of old and new


Ramya Krishna/Special to the Town Crier
Seoul’s Cheonggyecheon public recreation space, above, features an elevated pedestrian bridge.

Seoul, South Korea, is a study in contrasts. Having grown quickly, the city is a mix of old and new.

Using...

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Stepping Out

'Park' in the hills

'Park' in the hills


courtesy of Foothill Music Theatre
Dot (Katie Nix) imagines her dream job as a follies dancer in the Foothill Music Theatre production of “Sunday in the Park with George.” The play runs through March 8.

Foothill Music Theatre’s production of “Su...

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Spiritual Life

Is your thought life sabotaging your spiritual journey?

My computer started having problems – there seemed to be some sort of malware running in the background. At first it was just annoying, then it began to slow down my computer, interfering with its basic operations. What is it doing? Why can...

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Magazine

Local events serve up family fun

Local events serve up family fun


Courtesy of Peninsula Youth Theatre
Peninsula Youth Theatre’s production of “Pecos Bill: A Tall Tale” is slated to open March 20 in Mountain View.

For families seeking a break from the daily routine, events abound this month and next in Los Alto...

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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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