Sat02132016

News

SPLAT targets data, outreach as airplane noise continues

SPLAT targets data, outreach as airplane noise continues


Graphic courtesy of Don Gardner
Activists claim that a new SFO flight path leaves a “sound shadow” that impacts Los Altos and Los Altos Hills.

Sky Posse Los Altos Team – more simply known as SPLAT – seeks to squelch the noise...

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Schools

Los Altos High student-run charity plans '5 Gallon Gala'

Los Altos High student-run charity plans '5 Gallon Gala'


Courtesy of Lia Evard
Water by Youth members gave Egan students a chance to carry a 40-pound Jerry can, to see how difficult it is to obtain water in developing nations.

Water by Youth, a club at Los Altos High School, is making a splash by pla...

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Community

What would you do with a box of cookies? Local Girls Scouts help Tanzanian orphanage

What would you do with a box of cookies? Local Girls Scouts help Tanzanian orphanage


Courtesy of Alicia Madden
Sales of local Girl Scout cookies support service projects, such as funding an orphanage in the village of Mto wa Mbu in Tanzania.

Girl Scout cookies – whether you think of them as a treat, a tradition or a diet comp...

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Sports

Scoreless spells sink LA boys

Scoreless spells sink LA boys


Megan V. Winslow/Town Crier
Los Altos High point guard Nolan Brennan attempts a shot in Friday’s game versus Palo Alto. He scored eight points in the loss.

There have been several games this season in which the Los Altos High boys basketball t...

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Comment

New 'York' values

New 'York' values


Hughes

 

As we have witnessed California suffer through one of its worst droughts in history over the past few years, all of us, I’m sure, have been keenly aware of our surroundings and have done a small part in trying to conserve wa...

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Special Sections

Getting a charge  out of the Volt

Getting a charge out of the Volt


Courtesy of Chevrolet
The 2016 Chevrolet Volt can be driven up to 50 miles on the power stored in its batteries.

Just five years ago, we wondered in this column what the power supply would be for the car of the future. Gasoline, diesel, electric ba...

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Business

Nearing V-Day: Shops stock sweets, treats

Nearing V-Day: Shops stock sweets, treats


Megan V. Winslow/Town Crier
Los Altos resident Ella Roosakos, 11, with her mother, Gail, puzzles over which Gourmet Works sweets to buy as a valentine for Ella’s friend.

The gift-buying rush isn’t exclusive to Christmas. It may jump over...

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People

ALAN RODNEY MILLS

ALAN RODNEY MILLS

Alan Rodney Mills, PhD, 83, of Los Altos passed away peacefully on Saturday, January 30th, 2016. He was born in Rochdale, England in 1933 and came to California in 1962. He was a proud alumni of Manchester Grammar in England, University of Liverpoo...

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Stepping Out

PYT 'Gets Famous'

PYT 'Gets Famous'


Lyn Flaim Healy/Spotlight Moments Photography
Renee Vetter of Palo Alto, left, and Megan Foreman of Los Altos star in Peninsula Youth Theatre’s “Judy Moody Gets Famous.” Performances are scheduled Friday and Saturday.

Peninsula...

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Spiritual Life

A time to prepare: Fasting for Lent isn't limited to food

 

Today is Ash Wednesday, which in the Christian calendar marks the beginning of Lent – the 40 days of preparation for Resurrection Sunday, otherwise known as Easter.

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Inside Mountain View

New right-to-lease ordinance promises relief for renters

New right-to-lease ordinance promises relief for renters


Mountain View Tenants Coalition/Facebook
Residents gather in the fall to protest Mountain View’s rising rents. Rent relief is on the way in the form of a new ordinance.

A controversial Mountain View law requiring landlords to provide lease opt...

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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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