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News

Enchanté plaza remains open to the public

Enchanté plaza remains open to the public

Alicia Castro/Town Crier
The plaza area at Enchanté Boutique Hotel now serves drinks and small plates.

The Los Altos City Council Aug. 25 voted unanimously in favor of Enchanté Boutique Hotel serving beverages and small plates to the public on t...

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Schools

Mountain View High launches Bring Your Own Device program

Mountain View High launches Bring Your Own Device program


Megan V. Winslow/Town Crier
Mountain View High School staff distribute Chromebooks to students last week. The school is rolling out the Bring Your Own Device program this year, which gives students and teachers around-the-clock access to laptops.

Mo...

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Community

'Rock Back the Clock': End of an era, beginning of new one

'Rock Back the Clock': End of an era, beginning of new one


Town Crier File Photo
Time has run out for “Rock Back the Clock,” the 1950s-themed dance party at Rancho Shopping Center.

After 25 successful years, the “Rock Back the Clock” Committee has decided to end the annual 1950s-themed event held at R...

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Sports

Dean of the badminton court

Dean of the badminton court


Courtesy of the Tan family
Los Altos resident Dean Tan and mixed- doubles partner Jenny Gai stand on the podium shortly after winning the gold at the 2015 Pan Am Junior Badminton Championships earlier this month in Tijuana, Mexico.

Dean Tan began pl...

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Comment

Warning: Useless flood basin ahead

Our water and fire agencies receive much attention (and scrutiny) during the hot, dry days of summer – water for the lack of it and fire for its widespread destruction. During this extreme drought year, we are deluged with water conservation ma...

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Special Sections

A tale of two Los Altos love stories: Country club classic


Photos Courtesy of Kelly Boitano Photography
Lindsey Murray and Christof Wessbecher tie the knot in Los Altos.

Lindsey Murray and Christof Wessbecher grew up in parallel Los Altos orbits, never meeting – he went to St. Francis High School, sh...

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Business

Five thoughts on the current market correction

The 531-point drop in the Dow Jones industrial average Friday (Aug. 21) was certainly headline grabbing in its magnitude. It represented a one-day 3.1 percent drop in the index and resulted in a 10 percent correction from its high in May.

It’s compl...

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People

BRUCE CHARLES MEYER

BRUCE CHARLES MEYER

Bruce Charles Meyer, 81, died Wednesday, August 5th at his home in Carmel, California. He leaves his wife Valda Cotsworth and her daughter Katie Roos; his sons, Bruce and Joseph Meyer from his first marriage and his brother Gordon Meyer; four grand...

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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

Open 'House'

Open 'House'


Kevin Berne/Special to the Town Crier
Anna Patterson (played by Kimberly King) accepts a drink from Michael Astor (Jason Kuykendall) in “The Country House.”

TheaterWorks Silicon Valley’s regional premiere of “The Country House” is scheduled to r...

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Spiritual Life

Los Altos native combines Judaism, social justice, advocacy

Los Altos native combines Judaism, social justice, advocacy


Los Altos native Gabriel Lehrman’s passion for Judaism, social justice and advocacy brought him to Washington, D.C., this summer for the Machon Kaplan Summer Social Action Internship program at the Religious Action Center of Reform Judaism.

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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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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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