Fri08222014

News

Electrical shutdown scheduled today, tomorrow

PG&E is installing new electrical service to the 400 Main St. development project today, which will require the temporary interruption of electric services to several businesses located on First, Main and State streets in downtown Los Altos. PG&a...

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Schools

Community support pays dividends

Community support pays dividends


As a recent cover story in The New York Times Magazine revealed, getting low-income students into college is not enough to close the achievement/income gap. The percentage of low-income students entering college who actually earn a degree lags far ...

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Community

War veteran to visit D.C. memorial on Honor Flight

War veteran to visit D.C. memorial on Honor Flight


Ellie Van Houtte/Town Crier
Los Altos resident and World War II vet Earl Pampeyan is preparing for an Honor Flight trip to Washington, D.C., next month.

Los Altos resident Earl Pampeyan is scheduled to fly to Washington, D.C., next month to vis...

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Sports

Making a splash

Making a splash


Courtesy of Clarke Weatherspoon
Stanford Water Polo Club’s under-14 boys team earned the bronze medal at the Junior Olympics. Front row, from left: Corey Tanis, Larsen Weigle, Nathan Puentes, Walker Seymour, Alan Viollier and Jayden Kunwar. B...

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Comment

Whom can you trust?: Haugh About That?

Waving my pink poodle skirt with all the fervor of a matador preparing to tease a raging bull, I blinked my 20-year-old eyes and gave a come-hither look to indicate, “I’m ready!” Little did I know that the blind trust I had in this ...

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Special Sections

Getting right by eating right: PAMF doctor's book addresses South Asian health risks

Getting right by eating right: PAMF doctor's book addresses South Asian health risks


Ellie Van Houtte/Town Crier
Dr. Ronesh Sinha, a physician at Palo Alto Medical Foundation, promotes healthful living among the South Asian population. His new book, “The South Asian Health Solution,” includes nutritious recipes.

When you think o...

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Business

From Google to First Street: Massage therapist sets up studio in downtown Los Altos

From Google to First Street: Massage therapist sets up studio in downtown Los Altos


Ellie Van Houtte/Town Crier
Upuia Ahkiong is slated to open Kua Body Studios next month at 106 First St. Ahkiong is sharing space with Evolve Classical Pilates.

A massage therapist with ties to Google Inc. is slated to open a new – and shared...

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Books

"Jack London" chronicles author's adventurous life


Much has been written about American author Jack London, primarily known for his early-20th-century Western adventure novels, including the classics “White Fang” and “The Call of the Wild.”

In Earle Labor’s biography of the literary icon, “Jac...

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People

TIMOTHY WARREN WATSON (TIM)

TIMOTHY WARREN WATSON (TIM)

Born June 2, 1935, died peacefully on August 11, at home in Mountain View, surrounded by his family. He died of complications of Parkinson’s Disease after a courageous 15-year battle.

Tim was the beloved husband of 55 years to his college sweethea...

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Travel

Bergama bound: A visit to newest World Heritage site

Bergama bound: A visit to newest World Heritage site


Photo Eren GÖknar/ Special to the Town Crier
The amphitheater in Turkey’s ancient city of Pergamon, now known as Bergama, overlooks the Bakirçay River valley, left. The city’s ruins also include the Temple of Trajan.

It was 90 F during t...

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Stepping Out

TheatreWorks offers 'Spoonful' of drama beginning this week

TheatreWorks offers 'Spoonful' of drama beginning this week


Kevin Berne/Special to the Town Crier
Three strangers – “Chutes & Ladders” (Anthony J. Haney, left), Odessa (Zilah Mendoza, center) and “Orangutan” (Anna Ishida, right) – come together in an online support group in TheatreWorks’ regional premie...

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Spiritual Life

Spiritual Briefs

Meditation group meets at Foothills Congregational

A Weekly Meditation Practice group meets 7-8:15 a.m. Tuesdays at Foothills Congregational Church, 461 Orange Ave., Los Altos.

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Magazine

Festival features fun for everyone

Festival features fun for everyone


TOWN CRIER FILE PHOTO
The Los Altos Arts & Wine Festival boasts more than 375 craft and arts booths.

This weekend’s 35th annual Los Altos Arts & Wine Festival promises to be jam-packed with fun activities for just about everyone. The eve...

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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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