Sun03292015

News

Safeway escalator elicits safety concerns from customers

Safeway escalator elicits safety concerns from customers


MEGAN V. WINSLOW/Town Crier
The escalator at the Safeway on First Street poses a safety hazard, some customers allege.

A Safeway shopper who accidentally placed his cart last month on the customer escalator instead of the shopping cart track next to...

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Schools

Los Altos High hosts 30th Writers Week

Los Altos High hosts 30th Writers Week


Above Photo by Traci Newell/Town Crier;
Author Jack Andraka shares his story with fellow high school seniors during Los Altos High School’s Writers Week last week.

Los Altos High School students learned firsthand last week how professionals ...

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Community

Service dogs bring smiles, comfort to veterans at Foothill College center

Service dogs bring smiles, comfort to veterans at Foothill College center


Photos by Megan V. Winslow/Town Crier
Charles Viajar, student and U.S. Navy veteran, brings his four-legged companion Bruno to the Veterans Resource Center at Foothill College. Bruno, a 2-year-old Imperial Shih Tzu, is trained to assist Viajar with...

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Sports

Improbable run to NorCal semis saves season for St. Francis girls

Improbable run to NorCal semis saves season for St. Francis girls


Megan V. Winslow/Town Crier
St. Francis High’s Daisha Abdelkader goes on a fast break in the CCS Division II final. The senior point guard scored eight points in the Lancers’ NorCal semifinal loss to Dublin last week.

Senior Daisha Abdel...

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Comment

We'll buy it; what is it? Editorial

Would you buy a device on the condition that you are kept in the dark about how it works? Would you feel good about purchasing such a device when the contract even calls for nondisclosure of the nondisclosure form that keeps the device top secret?

T...

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Special Sections

Tuscany meets Waikiki: Los Altos Hills couple build their dream house

Tuscany meets Waikiki: Los Altos Hills couple build their dream house


Megan V. Winslow/Town Crier
Sara Weber and Victor Martina’s Los Altos Hills home features brick from a 100-year-old building in San Jose artistically combined with stucco to evoke a centuries-old feel. The lanai in the backyard adds a touch o...

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Business

Vintage Bath changes hands as new owners add twist to classic offerings

Vintage Bath changes hands as new owners add twist to classic offerings


Alicia Castro/Town Crier
Vintage Bath, the downtown Los Altos showroom, is under new leadership. Taking over are, from left, co-owners Jerry Rudick and Deena Castello and marketing and visual director Alissa McDonald.

Deena Castello – the new cu...

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Books

'Pope Joan' Book weaves tale around legend of female pontiff

'Pope Joan' Book weaves tale around legend of female pontiff


The idea that there may have a female pope at one time in history has generated much speculation throughout the centuries. “Pope Joan” (Crown, 1996) by Donna Woolfolk Cross, does not answer the question; rather, the author has created a detai...

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People

BEVERLEY JEANE (DORSEY) MCCHESNEY

BEVERLEY JEANE (DORSEY) MCCHESNEY

1944-2014

Beverley McChesney passed away at El Camino Hospital in Mountain View, CA on Sunday, Nov. 16. She had been fighting cancer for about 23 years until it went into her lungs.

She is survived by her husband David, of Cloverdale; her sisters...

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Travel

Eat, hike, soak: Cavallo Point Lodge offers Marin experience

Eat, hike, soak: Cavallo Point Lodge offers Marin experience


Eren Göknar/ Town Crier
Cavallo Point Lodge comprises former U.S. Army buildings, like the Mission Blue Chapel, repurposed for guests seeking a luxurious getaway.

It used to be a place where batteries of soldiers lived, with officers’ quarter...

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Stepping Out

Cal Pops performs Sunday at Foothill

Cal Pops performs Sunday at Foothill


Courtesy of Cal Pops
The Cal Pops trumpet section includes Dean Boysen, from left, Bob Runnels and Noel Weidkamp.

The California Pops Orchestra is scheduled to perform “Swing Time!” – a musical tour of Big Band hits from the 1930...

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Spiritual Life

Silicon Valley Prayer breakfast speakers send strong messages about God's calling

Silicon Valley Prayer breakfast speakers send strong messages about God's calling



Kirk Perry, Google Inc. president of brand solutions, discusses his faith at the March 13 Silicon Valley Prayer Breakfast. Alicia Castro/Town Crier

When God calls, you have to listen to reap the benefits.

That was the moral of the story for t...

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Magazine

Food for thought: Hidden Villa programs offer teens training in sustainability on the farm

Food for thought: Hidden Villa programs offer teens training in sustainability on the farm


/Town Crier It’s not all cute and cuddly for teens participating in the eight-week Animal Husbandry Apprenticeship program at Hidden Villa in Los Altos Hills. Mia Mosing of Palo Alto, left, and Sophia Jackson of Los Altos clean the pigpens – one of...

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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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