Tue05262015

News

Hilltop robbery suspects implicated in crimes across Bay Area

Hilltop robbery suspects implicated in crimes across Bay Area

The three Oakland men arrested in connection to the May 11 home invasion robbery of a Hilltop Drive home are under investigation for numerous additional crimes committed across the San Francisco Bay area, the Santa Clara County Sheriff's Office revea...

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Schools

Preschool matriarch steps down

Preschool matriarch steps down


Alicia Castro/Town Crier
Children’s Center Preschool Director Non Mead sits beside her granddaughter, Greta Germack, during Greta’s birthday celebration.

Non Mead is the quintessential grandmother. Wise and warm, she ties shoelaces with ...

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Community

No 'Love' for Facebook

No 'Love' for Facebook


COurtesy of TRU Love
Tru Love sent multiple messages to Facebook – and made calls to the media – before the company unlocked her account.

Tru Love’s name may be unusual, but she comes by it naturally.

If only Facebook saw it that way.

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Sports

Semi sweep

Semi sweep


Town Crier file photo
St. Francis High’s Steve Dinneen, rising up for the kill, posted 15 kills in Saturday’s CCS semifinal sweep of rival Bellarmine.

There was no letup in the Lancers. Although the St. Francis High boys volleyball team ...

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Comment

Statute of limitations: Haugh About That?

“I can’t believe he’d do this to me,” I cried hysterically. “After all we meant to each other.” Curling into a ball, torrential teenage tears melted my mascara as my entire world came crashing to an obliterated end...

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Special Sections

Cancer survivors march toward strength, hope via Relay For Life

Cancer survivors march toward strength, hope via Relay For Life


Alicia Castro/Town Crier
Cancer survivors Eileen Chun, left, and Marilyn Labetich build strength at Curves of Los Altos.

Two local women took steps toward cancer recovery by caring for themselves and celebrating alongside each other.

Eileen Chun and...

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Business

Repeat business: Répéter consignment celebrates 10 years on State Street

Repeat business: Répéter consignment celebrates 10 years on State Street


Megan V. Winslow/Town Crier
Kellee Breaux owns Répéter, the State Street women’s consignment boutique that celebrates a decade in business Saturday.

Kellee Breaux’s life is a triangle: The 36-year-old lives in Newark, teaches full time a...

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Books

People

EDITH MAY COOPER

EDITH MAY COOPER

September 20, 1908 – April 7, 2015

Edith Cooper died peacefully in her sleep on April 7th in Los Altos, California, at the age of 106, where she had been a resident for over 30 years.

She was predeceased by Frank, her husband and her 3 brothers B...

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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,” accord...

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Stepping Out

Bye bye 'Birds'

Bye bye 'Birds'


Ray Renati/Special to the Town Crier
“Birds of a Feather” stars Troy Johnson and Diane Tasca.

Pear Avenue Theatre’s world premiere of “Birds of a Feather” is set to run through Sunday in Mountain View.

The play is the third chapter in local pla...

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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

Civility Roundtable opens discussion on race, policing

With racially charged unrest shaking places like Ferguson, Mo., New York City and Baltimore, the Mountain View Human Relations Commission posed a question: “How can we prevent Ferguson from happening in Mountain View?”

Nearly 150 residen...

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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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