Wed04162014

News

City chips in $7,000 for SFMOMA installation

City chips in $7,000 for SFMOMA installation


Town Crier File Photo
The Los Altos City Council earmarked $7,000 for the purchase of Chris Johanson’s artwork.

The city of Los Altos will contribute $7,000 toward the purchase of a $28,000 art installation featured in the San Francisco Museum...

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Schools

LASD students celebrate service learning

LASD students celebrate service learning


Courtesy of Sandra McGonagle
We Day, held March 26 at Oracle Arena in Oakland, exhorts students in the Los Altos School District to effect positive change.

More than 150 Los Altos School District student leaders joined 16,000 Bay Area students to ce...

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Community

Film career launches with Cannes screening

Film career launches with Cannes screening


Courtesy of Zachary Ready
Los Altos native Zachary Ready, front left, and co-director Andrew Cathey, right, celebrate their Campus MovieFest awards.

After learning the art of filmmaking as a child in the front yard of his family’s Los Altos hom...

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Sports

Reeling Panthers look to get rolling again

Reeling Panthers look to get rolling again


Ellie Van Houtte/Town Crier
Pinewood School senior Kevin Tracy pitches in a game against Westmoor, the first of two losses by the Panthers last week.

Pinewood School baseball coach Chad Morin knows exactly what his team must do in the second half of...

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Comment

Now is the time to expand parking: Editorial

Just a few short years ago, vacancies dotted downtown Los Altos. Property owners had a hard time attracting businesses because there was a shortage of customers. That is no longer true. Now, the cry is: Where are my customers going to park?

The city...

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Business

Local realtor honored for volunteer efforts

Local realtor honored for volunteer efforts


Ellie Van Houtte/Town Crier
Coldwell Banker recently recognized realtor Kim Copher, right, for her philanthropic efforts. Copher and colleague Alan Russell, left, volunteer at Reach Potential Movement, where they collect books for its Bookshelf in ...

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Books

Local Author Spotlight

In an effort to support authors from Los Altos, Los Altos Hills and Mountain View, many self-published, Book Buzz periodically spotlights their books and offers information on where to purchase them. Local authors are encouraged to submit brief summa...

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People

Noteworthy

RotaCare honors local volunteer

RotaCare Bay Area honored Jim Cochran of the RotaCare Mountain View Free Medical Clinic with the Outstanding Clinic Volunteer Award April 10 for his commitment to RotaCare’s mission of providing free medical care to t...

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Travel

Sausalito: Explore the historical city with world-class views

Sausalito: Explore the historical city with world-class views


Eren Göknar/ Special to the Town Crier
Sausalito offers panoramic views of the San Francisco Bay. A number of companies schedule boat tours that sail past Angel Island and Alcatraz.

On a clear day, Sausalito offers spectacular views of the San Franc...

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Stepping Out

Western Ballet performs this weekend  at Smithwick Theatre in Los Altos Hills

Western Ballet performs this weekend at Smithwick Theatre in Los Altos Hills


Courtesy of Alexi Zubiria
Western Ballet’s “La Fille Mal Gardée” features Alison Share and Maykel Solas. The production runs Friday and Saturday at Foothill College

Western Ballet is slated to perform “La Fille Mal GardéeR...

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Spiritual Life

Magazine

A yoga class a day keeps the stress away

A yoga class a day keeps the stress away


Van Houtte/Town Crier Yoga of Los Altos hosts a variety of classes, including Strong Flow Vinyasa, above, taught by Doron Hanoch. Yin Yoga instructor Janya Wongsopa guides a student in the practice, below.

It’s nearly 9 a.m. on a Monday mornin...

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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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