Fri07252014

News

Downtown green park pops up again in August

Downtown green park pops up again in August


Ellie Van Houtte/Town Crier
The Third Street Green debuts Aug. 3 on the 300 block of State Street in downtown Los Altos.

Another temporary park is poised to pop up in downtown Los Altos this summer.

According to Brooke Ray Smith, community devel...

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Schools

MVLA rolls out laptop integration this fall

MVLA rolls out laptop integration this fall


Town Crier File Photo
Starting in the fall, daily use of laptops in the classroom will be standard operating procedure for students at Los Altos and Mountain View high schools as the Mountain View Los Altos Union High School District launches a pil...

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Community

Generations blend behind the scenes at 'Wizard of Oz'

Generations blend behind the scenes at 'Wizard of Oz'


Altos Youth Theatre and Los Altos Stage Company rehearse a scene from “The Wizard of Oz.” ELIZA RIDGEWAY/ TOWN CRIER

A massive troupe of young people and grownups gathered in Los Altos this summer to stage the latest iteration of a childhood sta...

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Sports

Football in July

Football in July


Town Crier file photo
Mountain View High’s Anthony Avery is among the nine local players slated to play in tonight’s Silicon Valley Youth Classic.

Tonight’s 40th annual Silicon Valley Youth Classic – also known as the Charlie...

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Comment

Pools should be included: Editorial

Los Altos residents should be receiving calls this week from city representatives conducting a survey to determine priorities for a revamped Hillview Community Center.

Notice that we did not say “civic center” – chastened by a lack of public support...

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Special Sections

Looking for life without lows, local diabetic tests artificial pancreas

Looking for life without lows, local diabetic tests artificial pancreas


Photo by Ellie Van Houtte/Town Crier
Dr. Trang Ly, left, reviews blood sugar readings on a smartphone with Los Altos resident Tia Geri, right, and fellow participant Noa Simon during a closed-loop artificial pancreas study for Type 1 diabetics.
...

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Business

Palo Alto law firm coming to 400 Main

Palo Alto law firm coming to 400 Main


Ellie Van Houtte/ Town Crier
Longtime Palo Alto law firm Thoits, Love, Hershberger & McClean plans to open an office at 400 Main St. in Los Altos after construction is complete in November.

A longtime Palo Alto law firm plans to expand int...

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Books

"Frozen in Time" chronicles harrowing WWII rescue attempts


Many readers can’t resist a true-life adventure story, especially those that shine a spotlight on people who exhibit supreme courage in the face of adversity and end up surviving – or not – against the odds.

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People

RICHARD PATRICK BRENNAN

RICHARD PATRICK BRENNAN

Resident of Palo Alto

Richard Patrick Brennan, journalist, editor, author, adventurer, died at his Palo Alto home on July 4, 2014 at age 92. He led a full life, professionally and personally. He was born and raised in San Francisco, joined the Arm...

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Travel

Travel Tidbit: Ritz-Carlton, Lake Tahoe offers spa getaway

Travel Tidbit: Ritz-Carlton, Lake Tahoe offers spa getaway


Courtesy of Ritz-Carlton
The Ritz-Carlton in Lake Tahoe offers fall getaway packages that include spa treatments and yoga classes.

Fall in North Lake Tahoe boasts crisp mornings and opportunities to spend quality time in the mountains. Specially ...

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Stepping Out

PYT stages 'Shrek'

PYT stages 'Shrek'


Lyn Healy/Spotlight Moments Photography
Dana Cullinane plays Fiona in Peninsula Youth Theatre’s “Shrek The Musical.”

Peninsula Youth Theatre presents “Shrek The Musical” Saturday through Aug. 3 at the Mountain View Center for the Performing Arts...

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Spiritual Life

Foothills Congregational: 100 years and counting

Foothills Congregational: 100 years and counting


Courtesy of Carolyn Barnes
The newly built Los Altos church in 1914 featured a bell tower and an arched front window. Both continue as elements of the building as it stands today.

Foothills Congregational Church – the oldest church building in L...

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Magazine

Festival features fun for everyone

Festival features fun for everyone


TOWN CRIER FILE PHOTO
The Los Altos Arts & Wine Festival boasts more than 375 craft and arts booths.

This weekend’s 35th annual Los Altos Arts & Wine Festival promises to be jam-packed with fun activities for just about everyone. The eve...

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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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