Tue04152014

News

Late postal hours help last-minute filers

Late postal hours help last-minute filers

The crowd at Los Altos' post office wasn't epic when we checked today – but come tax day tomorrow (April 15) many locals may be lining up to file at the last minute.

Post offices in Los Altos and Mountain View stop collecting mail at 5 p.m. tomorr...

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Schools

Loyola School hosts STEM Expo

Loyola School hosts STEM Expo


Ellie Van Houtte/Town Crier
Ari Garabedia, above right, demonstrates his team’s project for curious classmates at Loyola School’s STEM Expo.

Some local schools are taking a different twist on the traditional science fair this year.

As a pilot p...

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Community

Chef Pépin to sign books in Los Altos

Chef Pépin to sign books in Los Altos

Master chef, author and educator Jacques Pépin is scheduled to make a personal appearance in Los Altos April 24. The “original Iron Chef” will be signing copies of his most recent books 3-5 p.m. at Main Street Café and Books, 134 Main St. The interna...

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Sports

Fruitful day on the Farm

Fruitful day on the Farm


Ellie Van Houtte/Town Crier
Los Altos High’s Brian Yeager soars in the triple jump at the Stanford Invitational Saturday.

Last weekend’s Stanford Invitational attracted the best high school track and field athletes in the region, including sever...

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Comment

The mysterious force in Los Altos: The Rockey Road

Shh ... it’s a secret. No it isn’t! I recently read a story in another paper asking if Google cash were behind the Los Altos downtown makeover and why. My first thought was, “Who cares?” We are an intelligent group in a small town where it is very di...

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Special Sections

Jewish food festival reaches beyond bagels

Who knew you could get a decent knish in Silicon Valley?

For at least one day, local foodies are gathering 10 a.m. to 5 p.m. April 27 at the Hazon Jewish Food Festival at the Oshman Family Jewish Community Center in Palo Alto to eat their way throug...

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Business

For the skin they're in : Shared interest in organic skin care leads duo to form company

For the skin they're in : Shared interest in organic skin care leads duo to form company


Ellie Van Houtte/town Crier
Nancy Newsom, left, and Kit Gordon started Botanic Organic in 2011 after they discovered a shared passion for creating organic, handmade skin-care products. The company now offers more than 15 products for adults and infa...

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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

Noteworthies

Noteworthies


Courtesy of Rob McCullough
The American Watercolor Society’s International Exhibition in New York features Jane McCullough’s “The End of the Game.”

Watercolor Society selects Los Altos artist’s work for display

The American Watercolor Society...

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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

LA Stage Company's 'Harold and Maude' opens this weekend at Bus Barn Theater

LA Stage Company's 'Harold and Maude' opens this weekend at Bus Barn Theater


courtesy of Los Altos Stage Company
Warren Wernick and Lillian Bogovich play the title characters in the Los Altos Stage Company production of “Harold and Maude.” The play runs through May 4.

The Los Altos Stage Company’s production of “Harold a...

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Spiritual Life

Silicon Valley Prayer Breakfast highlights matters of faith

Pat Gelsinger and Reggie Littlejohn come from different backgrounds and occupations, but both, guided by their Christian faith, have become leaders committed to helping others. The two shared their experiences at the 20th annual Silicon Valley Prayer...

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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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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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