Mon05042015

News

Street crack-sealing project begins Monday, May 4

The City of Los Altos is beginning a city-wide street crack-sealing project on Monday (May 4).

City officials said the traffic impact for this project will be minimal. No streets will be closed and vehicles can resume normal traffic flow shortly aft...

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Schools

Homestead students use projects  to solve environmental problems

Homestead students use projects to solve environmental problems


Alisha Parikh/Special to the Town Crier
Homestead High School junior Maya Dhar, a Los Altos resident, left, and classmate Carolyn MacDonald support the school’s AP Environmental Science classes at the Arbor Day Festival April 23.

As summer app...

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Community

CHAC appoints new leader

CHAC appoints new leader

Naomi Nakano-Matsumoto, LCSW, has been named the new executive director of the Community Health Awareness Council (CHAC). A seasoned nonprofit leader, Nakano-Matsumoto is scheduled to assume duties July 1. She takes over for outgoing executive direct...

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Sports

St. Francis swimmers shine

St. Francis swimmers shine


Megan V. Winslow/Town Crier
St. Francis High’s Benjamin Ho competes against Sacred Heart Cathedral Thursday. The junior swam on all three victorious relays at the home meet, which the Lancers won easily.

Flexing its power in the pool, host St....

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Comment

Halsey House deserves preservation: Other Voices

Halsey House deserves preservation: Other Voices


Many contributing supporters to the Friends of Historic Redwood Grove believe that the Halsey House, designated a historic landmark by the Los Altos City Council in 1981, deserves to be saved and renovated for adapted use by the community.

Set in ...

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Special Sections

Sneaky shots: A photographer’s guide to capturing the proposal

Sneaky shots: A photographer’s guide to capturing the proposal


Elliott Burr/Special to the Town Crier
A stealthy photographer scouts locations ahead of time to find not just a place to perch, but also the ideal position for the subjects.

It’s showtime.

You’re about to ask the person in front of...

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Business

Pharmaca celebrates grand opening over weekend

Pharmaca celebrates grand opening over weekend


Megan V. Winslow/Town Crier
Pharmaca is coming to 400 Main St. with a grand-opening celebration scheduled Saturday and Sunday.

If natural health and beauty products are your cup of tea, expect to find them – and hot tea – this weekend at the gran...

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Books

People

JANE BUTTERFIELD PRINGLE LYND

JANE BUTTERFIELD PRINGLE LYND

October 30, 1924 - April 8, 2015

Jane Butterfield Pringle Lynd, daughter to Liebert and Elise Butterfield of San Francisco, passed away quietly at her home in Palo Alto surrounded by her family, following a short illness. Jane was a proud third ge...

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Travel

Cuba libre: Local residents join mad rush of travelers

Cuba libre: Local residents join mad rush of travelers


Natalie Elefant/Special to the Town Crier
Los Altos resident Natalie Elefant noted the vibrant street performances as a traveler in Cuba.

The U.S. restored diplomatic relations with Cuba late last year, enabling Americans to import $100 worth of cig...

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Stepping Out

'Birds' landing in Mtn. View

'Birds' landing in Mtn. View


Ray Renati/Special to the Town Crier
The Pear Avenue Theatre production of Paul Braverman’s “Birds of a Feather” stars Troy Johnson as mafia boss Sean Kineen, left, and Diane Tasca as private eye Frankie Payne.

Pear Avenue Theatre’s world premi...

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Spiritual Life

Magazine

Practice prudent pruning: Maintaining manzanita, ceanothus and toyon

Practice prudent pruning: Maintaining manzanita, ceanothus and toyon


tanya kucak/Special to the Town Crier
Shrub manzanitas are known for their sinuous mahogany trunks and branches. If the foliage hides the bark, prune selectively to open the center so that the bark is visible year-round. This Montara manzanita is ...

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Inside Mountain View

Up to the challenge: Local leaders unite to help at-risk youth

Up to the challenge: Local leaders unite to help at-risk youth


Courtesy of Challenge Team
Jeanette Freiberg, bottom of pile, has fun with family members. The Challenge Team named Freiberg, a student at Mountain View High School, its 2015 Youth Champion.

There’s an ongoing joke among members of the Challenge...

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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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