Tue09162014

News

Council approves directional signs for Los Altos' Woodland Plaza

Council approves directional signs for Los Altos' Woodland Plaza


Ellie Van Houtte/Town Crier
The Los Altos City Council last week approved the installation of two new directional signs on Foothill Expressway pointing motorists to the Woodland Plaza Shopping District.

The Los Altos City Council voted unanimou...

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Schools

New head of curriculum’s ideologies align with LASD

New head of curriculum’s ideologies align with LASD


Ellie Van Houtte/Town Crier
Edsel Clark, new Los Altos School District assistant superintendent for curriculum and instruction, above, facilitates a junior high mathematics curriculum meeting last week.

Edsel Clark, Ed.D., new assistant superintend...

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Community

Closing reception caps Foothill photo show on rural China

Closing reception caps Foothill photo show on rural China


From IncredibleTravelPhotos.com
Jacque Kae’s “Mischievous” is one of the many photographs on display at Foothill College this month.

Photographs of the land and culture of Huangshan and Zhangjiajie, China, are on exhibit through Sept. 26 at t...

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Sports

Spartans shine in opener

Spartans shine in opener


Ellie Van Houtte/Town Crier
Mountain View High’s Frank Kapp snares a touchdown pass from quarterback Owen Mountford in Friday’s win.

Leading by a point at halftime, the Mountain View High football team outscored visiting Del Mar 20-0 the rest of...

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Comment

A look ahead to the Nov. 4 election: Editorial

Election season is upon us. In Los Altos, we have three major local races ahead – two seats on the Los Altos City Council, and three seats each on the Los Altos School District and Mountain View-Los Altos Union High School District boards of tr...

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Special Sections

Renovation complete,  Villa Siena looks to future

Renovation complete, Villa Siena looks to future


Above and Below Photos Ellie Van Houtte/Town Crier; Left Photo Courtesy of Villa Siena
Villa Siena in Mountain View recently underwent a $35 million face-lift. The five-year project expanded their senior living community’s space and ability to serv...

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Business

Transitioning from postage to pets

Transitioning from postage to pets


Ellie Van Houtte/Town Crier
A new Pet Food Express store is scheduled to open at the Blossom Valley Shopping Center this month.

A site that previously existed to meet postal service needs will soon have an entirely different purpose – serving pe...

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Books

‘The Humans’ transcends alien genre to glean human insights

‘The Humans’ transcends alien genre to glean human insights


A good story about aliens is always great fun to read – after all, it’s only by attempting to understand the human race from another perspective that we can see ourselves more objectively.

But readers who might be tempted to dismiss ye...

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People

JEANNE PACKARD

After suffering a stroke in May, Jeanne Packard died August 10, 2014 at age 83. She was born in 1931 in Berlin, Germany, the only child of Emily Channel and Frank Howe Packard of Chicago, IL. Jeanne is survived by 5 great grandchildren. She was a lon...

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Travel

LA photographer spends a night with cranes – and moose – in Alaska

LA photographer spends a night with cranes – and moose – in Alaska


Sandy Powell/Special to the Town Crier
Los Altos resident and bird photographer Sandy Powell recently visited Homer, Alaska, to photograph Sandhill cranes, below. While there, Powell also encountered moose, left.

Los Altos resident Sandy Powell, a...

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Stepping Out

'Trailer Park' opens in Los Altos

'Trailer Park' opens in Los Altos


Courtesy of Los
The cast of Los Altos Stage Company’s “The Great American Trailer Park Musical” includes, from left, Mylissa Malley as Lin, Vanessa Alvarez as Betty, and Christina Bolognini as Pickles. Altos Stage Company

Los Altos Stage Company...

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Spiritual Life

9/11 survivor Michael Hingson finds purpose

Imagine walking down 78 flights of stairs – 1,463 individual steps. You are in imminent danger as you walk, unsure whether you can make it out of the building before it collapses or explodes. Struggling for each breath, you smell the heavy sten...

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Magazine

Los Altos Hills home showcases resort-inspired living

Los Altos Hills home showcases resort-inspired living


Courtesy of Spectrum Interior Design
In place of a more traditional fireplace, this modern living room features a linear-flame firebox that emits heat while offering a sculpturelike design element.

After traveling the world and visiting a host...

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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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