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News

Spooktacular moved indoors


Due to rain, today's downtown Los Altos Halloween activities have been moved to the indoor courtyard of Play! at 170 State St. Enter from the back on the parking lot side to participate in crafts, games and fun. Activities continue until 4 p.m.

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Schools

Gardner Bullis School debuts new Grizzly Student Center

Gardner Bullis School debuts new Grizzly Student Center


Photo by Ellie Van Houtte/Town Crier
Students line up to check books out of the library in the new Grizzly Student Center at Gardner Bullis School.

Gardner Bullis School opened its new Grizzly Student Center earlier this month, introducing a lea...

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Community

Home improvement workshop scheduled Wednesday (Oct. 29)

The County of Santa Clara is hosting a free informational workshop on 6:30 p.m. Wednesday at Los Altos Hills Town Hall, 26379 Fremont Road.

The workshop will offer ways single-family homeowners can increase their homes’ energy efficiency. Eligible i...

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Comment

Off the fence: TC recommends 'yes' on N

The Town Crier initially offered no position on the controversial $150 million Measure N bond on Tuesday’s ballot. But some of the reasons we gave in our Oct. 15 editorial were, on reflection, overly critical and based on inaccurate information.

We ...

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Special Sections

Long-term solutions emerge as water conservation goes mainstream

Long-term solutions emerge as water conservation goes mainstream


Ellie Van Houtte/Town Crier
Forrest Linebarger, right, installed greywater and rainwater harvesting systems at his Los Altos Hills home.

With more brown than green visible in her Los Altos backyard, Kacey Fitzpatrick admits that she’s a little e...

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Business

Local realtors scare up money for charity

Local realtors scare up money for charity


Photo courtesy of SILVAR
Realtors Gary Campi and Jordan Legge, from left, joined Nancy Domich, SILVAR President Dave Tonna and Joe Brown to raise funds for the Silicon Valley Realtors Charitable Foundation.

Los Altos and Mountain View realtors raise...

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Books

Helping kids catch a few Zs: Local dental hygienist pens meditative bedtime book

Helping kids catch a few Zs: Local dental hygienist pens meditative bedtime book


Ellie Van Houtte/Town Crier
Mimi Sommers, who works at a Los Altos dentist’s office, recently wrote a children’s book.

A local dental hygienist recently published a book that aims to ease parents and children during a sometimes anxious e...

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People

DAVID S. NIVISON

DAVID S. NIVISON

David S. Nivison, 91 years old, and a resident of Los Altos, California since 1952, died Oct. 16, 2014 at home.  His neighbors had recently honored him as the “Mayor of Russell Ave., in recognition of 62 years of distinguished living” on that ...

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Travel

Falling leaves: Four places in California to see autumn colors

Falling leaves: Four places in California to see autumn colors


Courtesy of Castello di Amorosa
Castello di Amorosa in Calistoga, above, boasts a beautiful setting for viewing fall’s colors – and sampling the vineyard’s wines.

Yes, Virginia, there is fall in California.

The colors pop out in...

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Stepping Out

ECYS opens season Sunday

ECYS opens season Sunday


Ramya Krishna/Special to the Town Crier
The El Camino Youth Symphony rehearses for Sunday’s concert, above.

The El Camino Youth Symphony – under new conductor Jindong Cai – is scheduled to perform its season-opening concert 4 p.m....

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Spiritual Life

Christian Science Reading Room hosts webinar on prayer and healing

Christian Science practitioner and teacher Evan Mehlenbacher is scheduled to present a live Internet webinar lecture, “Prayer That Heals,” 7:30 p.m. Nov. 14 in the Christian Science Reading Room, 60 Main St., Los Altos.

Those interested ...

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Magazine

Local events add color to autumn calendar

Local events add color to autumn calendar


Van Houtte/town crier Visitors make their way through the Children’s Alley.

As Los Altos’ signature Chinese Pistache trees exchange their summer green for vibrant hues of yellow, orange and red in the fall, an abundance of local events also ad...

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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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