Sun02072016

News

Mountain View braces for Super Bowl crowds

Mountain View braces for Super Bowl crowds


Graphic Courtesy of City of Mountain View
The purple parking lots above indicate where paid parking for the Super Bowl is allowed in downtown Mountain View. Other lots are open but still carry three-hour time constraints.

Downtown Mountain View wil...

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Schools

Los Altos High student hopes to bring animal therapy to school

Los Altos High student hopes to bring animal therapy to school


Courtesy of Christine Lenz
Los Altos High junior Riley Fujioka, left, works with Animal Assisted Happiness program manager Simone Haroush-van Dam.

Research affirms that the therapeutic effects of animals help reduce stress in humans, and one Los Alt...

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Community

Sports

Panthers outpace Priory

Panthers outpace Priory


Shirley Pefley/Special to the Town Crier
Pinewood’s Matt Peery lays up the ball in Friday’s win over Woodside Priory. Peery paced the Panthers with 19 points.

While height helps, the Pinewood School boys are proof that basketball is not ...

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Comment

From the City Manager's Desk: Fulfilling our mission

 

For those of us who work for Los Altos, the mission is “to foster and maintain the city of Los Altos as a great place to live and to raise a family.” The city’s employees take this mission seriously and – individually ...

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Special Sections

'Machos': Middle Eastern nachos ideal for Super Bowl

'Machos': Middle Eastern nachos ideal for Super Bowl


Photos Courtesy of Blanche Shaheen
Blanche Shaheen, above with her brother Issa, shares her Middle Eastern take on nachos – ideal for a Super Bowl party. Shaheen’s “Machos,” right, feature feta, tahini sauce, Persian cucumbe...

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Business

Businesses on Main Street make moves

Businesses on Main Street make moves


Alicia Castro/Town Crier
Several stores on Main Street in downtown Los Altos are in the midst of changing hands.

In the coming months, Main Street will welcome several new businesses to fill empty storefronts.

Jennifer Quinn, the city’s econo...

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People

ROSEMARY FRASER

Rosemary Fraser, age 81, a long-time resident of the Los Altos/Palo Alto area, died peacefully Friday, the 22nd of January at her home. It was a sudden death; hypertension was the underlying cause.

Born in 1934 in Florence, Arizona, Rosemary enjoyed...

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Stepping Out

West Bay Opera tackles Tchaikovsky's 'Onegin'

West Bay Opera tackles Tchaikovsky's 'Onegin'


Otak Jump/Special to the Town Crier
Olga Chernisheva and Silas Elash perform in West Bay Opera’s “Eugene Onegin.”

The West Bay Opera production of “Eugene Onegin” is scheduled Feb. 19-28 at Lucie Stern Theatre, 1305...

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Spiritual Life

How to cultivate childlike faith in a grown-up world

And Jesus said: “Truly I tell you, unless you change and become like little children, you will never enter the kingdom of heaven.”

– Matt. 18:3

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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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