Sat05302015

News

MV vehicle collision leaves one dead

A traffic accident Thursday morning (May 28) on Moffett Boulevard, near the Highway 85 overpass in Mountain View, has left one man dead.

The Santa Clara County Medical Examiner-Coroner's Office identified the victim as Karl Holladay, a 24-year-old G...

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Schools

Students discuss academic, social pressure in CHAC forum

Students discuss academic, social pressure in CHAC forum


Traci Newell/Town Crier
Community Health Awareness Council hosted a forum earlier this month where local students discussed the varied pressures they face.

Local students face enormous pressures in their lives, ranging from academic to social, but s...

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Community

Alan Alda discusses career, family and science at the Celebrity Forum

Alan Alda discusses career, family and science at the Celebrity Forum


Alda

Those who laughed along with Hawkeye Pierce on the long-running TV program “M*A*S*H*” would have enjoyed the recent Foothill College Celebrity Forum Speakers Series featuring actor Alan Alda.

Alda appeared May 13-15 at the Flint Center for...

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Sports

Eagles, Spartans advance

Eagles, Spartans advance


Town Crier file photo
Los Altos High’s Lizzy Beutter registered three hits in last week’s playoff win over Watsonville. She was also the winning pitcher.

Led by Lizzy Beutter, host Los Altos High whipped Watsonville 9-0 in the opening ro...

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Comment

Giving the thumb to what's done: Editorial

In the wake of recent Los Altos-area news events, we’re all thumbs.

Thumbs-down: To the Los Altos City Council’s decision to put the Walter Singer bust in storage. This is wrong on so many levels – even worse than the initial council decision to tra...

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Special Sections

Planting is possible despite drought

Planting is possible despite drought


Tanya Kucak/Special to the Town Crier
Wash the soilless mix off the root ball into the same container in which you have placed the clay soil from the planting hole. Remove at least an inch from the top and sides of the plant.

In this continuin...

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Business

Los Altos-based startup eyes digital makeup color-matching

Los Altos-based startup eyes digital makeup color-matching


Alicia Castro/Town Crier
Kokko Inc. Makeup Director Meli Pennington, standing, tests different shades of foundation on Los Altos resident Karen Melchior.

Meli Pennington knows cosmetics.

She has painted faces for the pages of Vogue and Glamour,...

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Books

Horan's 'Loving Frank' offers fictionalized account of famed architect's illicit affair

Horan's 'Loving Frank' offers fictionalized account of famed architect's illicit affair


In the 1920s, two married people fall in love, leave their spouses and children and set about living and traveling together. Affairs of this sort were considered shocking at the time. But the scandal was heightened given that the man was Frank Lloy...

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People

GUY WILSON SHOUP

Guy Wilson Shoup, 80, died on April 28, 2015, at his Palo Alto apartment, after a long period of ill health. Born on November 22, 1934, to Margaret Owen Shoup and to Jack Wilson Shoup (the second son of Paul Shoup, widely considered the founder of Lo...

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Travel

Flying south for the winter: Antarctica trips are not just for the birds

Flying south for the winter: Antarctica trips are not just for the birds


Photos Courtesy of Dave Hadden
Los Altos residents Dave and Joan Hadden watched the scenery from the large boat and a smaller Zodiac.

Standing on the beach with hundreds of thousands of penguins is “the experience of a lifetime,” according to Ga...

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Stepping Out

LA Stage Co. goes to 'town'

LA Stage Co. goes to 'town'


courtesy of Los Altos Stage Company
The Los Altos Stage Company production of “Urinetown: The Musical” opens this weekend.

The Los Altos Stage Company caps its 19th season with the musical comedy “Urinetown: The Musical,” scheduled to preview Th...

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Spiritual Life

Mercifully in His grip: Exploring our true position in Christ

I recently read a wonderful analogy about our true position in Christ. It was shockingly contrary to the messages impressed upon me in church, but deeply rooted in the Bible. The analogy is that of child and a parent. If you have ever taken a small ...

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Magazine

Practice prudent pruning: Maintaining manzanita, ceanothus and toyon

Practice prudent pruning: Maintaining manzanita, ceanothus and toyon


tanya kucak/Special to the Town Crier
Shrub manzanitas are known for their sinuous mahogany trunks and branches. If the foliage hides the bark, prune selectively to open the center so that the bark is visible year-round. This Montara manzanita is ...

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Inside Mountain View

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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