Tue07282015

News

Cal Water says no E. coli in water; limits boiling advisory area

Cal Water says no E. coli in water; limits boiling advisory area

Cal Water officials said today that preliminary water quality test results were negative for E. coli were negative and "only a single hydrant" in the South El Monte area of Los Altos showed the presence of total coliform. They reduced the "boil your ...

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Schools

Foothill STEM camps offer resources for low-income students

Foothill STEM camps offer resources for low-income students


Sana Khader/Town Crier
Students use software connected to a 3D printer, left, to create a miniature San Francisco, including the Ferry Building, below, at Foothill’s STEM Summer Camps.

Expanding efforts to spark and inspire students’ int...

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Community

Local resident cooks her way from cheerleader to Food Fighters

Local resident cooks her way from cheerleader to Food Fighters


Courtesy of the MacDonald family
Amber MacDonald competes on an episode of “Food Fighters,” scheduled to air 8 p.m. Thursday on NBC.

A newly arrived Los Altos family has an unusually public get-to-know-you moment this week – Amber MacDonald and ...

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Comment

Letters to the Editor

Ad-plane flyover marred festival

I hope that other residents who share my concern that the Geico plane flying low over the Los Altos Arts & Wine Festival and our homes for hours on end marred the “fun for everyone” that the Town Crie...

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Special Sections

Heart attack survivor cherishes life after near-death experience

Heart attack survivor cherishes life after near-death experience


Photos Courtesy of Tim Pierce
Los Altos Hills resident Tim Pierce, right with emergency medical responder Steve Crowley, suffered a heart attack in May.

After what Tim Pierce went through recently, no wonder he tries to cherish every moment as if he...

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Business

PAMF debuts cosmetic surgery center

PAMF debuts cosmetic surgery center


John Ho/Special to the Town Crier
The Palo Alto Medical Foundation Center for Cosmetic Surgery at 715 Altos Oaks Drive is the organization’s first center focused solely on cosmetic procedures.

Los Altos’ newest medical office – the...

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Books

Book Signings

• Fritz and Nomi Trapnell have scheduled a book-signing party 4-6 p.m. Aug. 1 at their home, 648 University Ave., Los Altos.

Fritz and his daughter, Dana Tibbitts, co-authored “Harnessing the Sky: Frederick ‘Trap’ Trapnell, ...

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People

CHARLOTTE BARBARA WINGUTH

CHARLOTTE BARBARA WINGUTH

Charlotte Barbara Winguth died July 9 at the young age of 89. She is survived by her 3 daughters Sandy, Karen & Wendi, 5 grandchildren and 2 great grandchildren. She came to Los Altos CA with her husband Ed and 3 children 53 years ago from New ...

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Travel

Gearing up: Make travel more civilized with accessories

Gearing up: Make travel more civilized with accessories


Eren Göknar/Special to the Town Crier
San Francisco-based humangear Inc. sells totes, tubes and tubs for traveling.

In travel, as in romance, it’s the little things that count.

Beyond the glossy brochures lie the travel discomforts too mun...

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Stepping Out

Engineer builds second career as actor

Engineer builds second career as actor


David Allen/Special to the Town Crier
Actors rehearse for Foothill Music Theatre’s “A Funny Thing Happened on the Way to the Forum.” The cast includes, from left, Tomas Theriot, Todd Wright, Mike Meadors and Ray D’Ambrosio. ...

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Spiritual Life

Christ Episcopal pastor departs Los Altos for new post in SF

Christ Episcopal pastor departs Los Altos for new post in SF


Courtesy of Sara BoaDwee
Christ Episcopal Church celebrated the ministry of the Rev. Dr. Malcolm Young and his wife, Heidi, at a farewell luau June 28.

Members and friends of Christ Episcopal Church bid farewell June 28 to the Rev. Dr. Malcolm C. Yo...

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Magazine

Inside Mountain View

Residents gather at NASA Ames for Pluto Flyby event

Residents gather at NASA Ames for Pluto Flyby event


Megan V. Winslow/Town Crier
NASA Ames’ Pluto Flyover event kindles the imaginations of young attendees.

Sue Moore watched the July 20, 1969, moon landing beside patients and staff members of the San Francisco hospital where she worked as a nurse...

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Both sides move for decision in Ponzi case

In what may prove a last barrage of documents, the Securities and Exchange Commission and Los Altos resident Mark Feathers filed dueling requests for a judge’s final decision last month.

Feathers, accused of misleading investors in the funds he managed, asked U.S. District Judge Edward J. Davila for a summary judgment exonerating him.

His Los Altos-based company, SB Capital Corp., managed two funds that had gathered approximately $42 million from investors over the past five years. When the SEC seized them in June, an appointed receiver assessed the funds’ holdings at approximately 75 percent of their stated value, suggesting that investors lost some but not all of their money.

SEC prosecutor John Bulgozdy seeks more than $12.3 million from Feathers, the amount approximately representing what his 400 investors stand to lose as the business is dismantled, plus a $300,000 additional penalty. Bulgozdy did not suggest that Feathers necessarily had that money among his assets, currently frozen by the court.

In its case, the SEC depicts SB Capital as a company that had lost money on underperforming investments in recent years.

Bulgozdy presented evidence that Feathers had moved money around the business to disguise losses, present investors with the appearance of success and continue to pay himself.

Feathers, in turn, submitted documentation of SB Capital investor correspondence that he believes demonstrates that his company operated transparently and with investor notification and approval.

At the heart of the case lie questions of comprehension: Did investors understand, read and sign documents concurring with SB Capital’s business practices; and did the company break the law even if it had investor support?

Investor approval or deception?

One document, an SB Capital mailing introduced as evidence, illustrates the contending interpretations heard in court. In it, Feathers cheerily stated that fund note investments were “performing as agreed” but requested that investors sign a form allowing the company to make a loan to itself, or, as he defined it, “assume any deficit to the note amount through a receivable to the fund.” He assured them that “this action will not likely have any material bearing on future fund member earnings.”

According to the SEC’s interpretation, Feathers sought to borrow funds so that he could continue to return interest at a rate approaching 7.5 percent and fund his business, even as the investments failed to perform. Feathers alleged that this act of borrowing was explained in writing, but some investors interviewed by the SEC claimed they absolutely did not understand that their investments were not performing as well as returns seemed to indicate.

Campbell resident Robert Morris described investing larger and larger increments of money with Feathers’ company, as his account statements showed a rosy rate of return each month. He reinvested that return, sinking himself deeper into the enterprise.

“At no time did I understand that I was being asked to approve (SB Capital) borrowing money from IPF (Investors Prime Fund) or SPF (SBC Portfolio Fund), nor did I understand that I was being asked to ratify prior borrowing from the two funds,” he wrote in a declaration.

Decoding assets and liabilities

In addition to arguing that he fully met disclosure requirements, Feathers counters in his court filing that the borrowed money was used properly as “reimbursement of expense or for monies to be spent for expenses.”

David Gruebele, a consultant who worked with SB Capital on accounting issues, explained in a declaration that because SB Capital borrowed the money as a “due from” or manager’s note, it was recorded as an “asset” of the funds rather than an expense.

“I advised Mr. Feathers that (the funds) had distributed more to investors than the funds’ income at that point in time,” Gruebele said. “In response, Mr. Feathers usually assured me that additional income was going to be generated in the near future from new transactions that would balance the overdistributions and/or generate net management. From early 2010 through early 2012, the amount owed by (SB Capital) to the funds grew by millions of dollars.”

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