Sat10252014

News

Election flyer mimics newspaper coverage

Election flyer mimics newspaper coverage

A flyer is being distributed across Los Altos that looks like it is from the Los Altos Town Crier but was neither created nor distributed by the community’s weekly newspaper. The flyer, pictured at right, is being distributed by workers from Pyrami...

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Schools

LAHS Science and Technology Week features medical examiner

LAHS Science and Technology Week features medical examiner


Ellie Van Houtte/Town Crier
A Los Altos High School student learns how to use robotic surgical equipment at the school’s Science and Technology Week event last year. Students can also attend hands-on presentations at this year’s event, w...

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Community

Ahoy, matey: Pirate Manor ramps up Halloween display

Ahoy, matey: Pirate Manor ramps up Halloween display


Town Crier File Photo
Pirate Manor is once again scheduled to arrive in the front yard of Dane and Jill Glasgow’s home on Manor Way in Los Altos, just in time for Halloween.

Although not the Walking Dead, pirate skeletons have been brought to li...

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Sports

Lancers rule the pool against Spartans

Lancers rule the pool against Spartans


Ellie Van Houtte/Town Crier
St. Francis High’s Eric Reitmeir launches the ball over Mountain View High driver David Niehaus (2) and goalie Kenny Tang. The host Lancers won Friday’s non-league game 9-3.

There wasn’t a lot on the line Friday when ...

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Comment

Reeder, Fung for El Camino HCD: Editorial

The good news for the El Camino Healthcare District (formerly the El Camino Hospital District, for those still getting used to the new name) is that there is a contested election Nov. 4 for the district’s board of directors. Three candidates are runn...

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Special Sections

Plant-based diet offers benefits

Plant-based diet offers benefits


Photo by Ramya Krishna
Los Altos resident Nandini Krishna prepares a meat-free dish According to author Caldwell B. Esselstyn Jr., M.D., a plant-based diet can help prevent cancer.

Shirley Okita of Los Altos has found that adhering to a mostly plant...

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Business

New shop offers haute couture for girls

New shop offers haute couture for girls


Ellie Van Houtte/Town Crier
The Girls @ Los Altos at 239 State St. offers clothing lines such as Nellystella as well as toys and other items for girls.

Cecilia Chen opened The Girls @ Los Altos as a tribute to the party dress. Whether it’s for...

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Books

Helping kids catch a few Zs: Local dental hygienist pens meditative bedtime book

Helping kids catch a few Zs: Local dental hygienist pens meditative bedtime book


Ellie Van Houtte/Town Crier
Mimi Sommers, who works at a Los Altos dentist’s office, recently wrote a children’s book.

A local dental hygienist recently published a book that aims to ease parents and children during a sometimes anxious e...

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People

BARBARA DARLING MERIDETH

1946-2014

Born in Palo Alto, raised in Los Altos, retired in southern Oregon. Survived by Peter James Merideth, sons Matthew, Jacob and John Merideth, the loves of her life.

She was a housewife who took great pride in her home, her surroundings and...

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Travel

Falling leaves: Four places in California to see autumn colors

Falling leaves: Four places in California to see autumn colors


Courtesy of Castello di Amorosa
Castello di Amorosa in Calistoga, above, boasts a beautiful setting for viewing fall’s colors – and sampling the vineyard’s wines.

Yes, Virginia, there is fall in California.

The colors pop out in...

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Stepping Out

'Sleepy Hollow' awakens at Bus Barn

'Sleepy Hollow' awakens at Bus Barn



Los Altos Youth Theatre’s production of “The Legend of Sleepy Hollow,” a musical based on Washington Irving’s classic story, is set to run through Nov. 2 at Bus Barn Theater. The cast comprises 27 young actors, directed by Cindy Powell. Courtesy o...

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Spiritual Life

Magazine

Local events add color to autumn calendar

Local events add color to autumn calendar


Van Houtte/town crier Visitors make their way through the Children’s Alley.

As Los Altos’ signature Chinese Pistache trees exchange their summer green for vibrant hues of yellow, orange and red in the fall, an abundance of local events also ad...

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Defendant cites SEC unfairness, inaccuracy in court case: Other Voices

My companies and I have been the subject of numerous articles in your publication over the past 15 months. I write this letter to set the record straight on a number of issues regarding the lawsuit SEC v. Small Business Capital Corp., et al.

The first issue is that the SEC indisputably used false financial illustrations throughout their lawsuit. This is not a matter of conjecture, as the SEC has admitted to using an improper formula. The SEC is the country’s foremost regulatory authority on accounting matters. Yet it managed to make “good-faith mistakes” (SEC’s term in its lawsuit pleadings) to overstate the funds’ actual distributions by 54 percent and, from there, make “Ponzi-like scheme” allegations. The allegations were used to seize $45 million of invested monies, much of this from local investors.

This is a civil lawsuit matter. However, the criminal equivalent of what the SEC has done, with its false formulas, is called “planting evidence” and creating false pretense. Additionally, the SEC falsely labeled the court-appointed receiver a “licensed CPA” in this lawsuit when he is not a CPA at all. While the rest of the business world calls such actions “fraud,” the SEC and the receiver are able to describe these matters as “good-faith mistakes.” Their actions make a mockery of the public’s trust in federal regulatory oversight.

The second issue is “bureaucratic and regulatory creep.” The subject businesses were in good standing with federal and state regulators at the time of the injunction. This includes oversight by the U.S. Small Business Administration that was involved with the investment fund’s federal licensing. Post-Bernie Madoff, the SEC tripled its enforcement actions. This includes reviewing companies that have never been advised of any need to register with the SEC and who, in fact, were already registered to issue securities under the state. Is it fair for a federal agency to suddenly apply the standards of publicly traded companies to small, nontraded private investment funds that had no prior federal regulatory oversight?

The third issue is the actions of the SEC to interfere with due process for legal representation. Both the SEC and the receiver have submitted to the court substantial numbers of false statements and material omissions. A “pro se” defendant (self-represented) faces huge obstacles in being able to conduct discovery (fact finding), and with establishing legal arguments in a format acceptable to the court. In the matter of this lawsuit, the receiver’s attorneys have, time and again, refused to provide information to the court by citing that this writer did not “cross his t’s or dot his i’s” in his requests.

Additionally, the court in its ruling stated the equivalent of “we’re not going to go through your information” to see if you have proved your point.

The court recently ruled in favor of the SEC in its request for summary judgment, which means that this lawsuit may never go to trial. This is a substantial disappointment not just to myself, but also to the scores of investment fund members who have written the court strong letters of disapproval.

More information on this lawsuit is available at markfeathers.com. An appeal was filed Aug. 29 with the Ninth Circuit Court of Appeals to overturn the court’s summary judgment in favor of the SEC.

To read the court’s ruling in its entirety, visit this story online.

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