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News

Spooktacular moved indoors


Due to rain, today's downtown Los Altos Halloween activities have been moved to the indoor courtyard of Play! at 170 State St. Enter from the back on the parking lot side to participate in crafts, games and fun. Activities continue until 4 p.m.

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Schools

Gardner Bullis School debuts new Grizzly Student Center

Gardner Bullis School debuts new Grizzly Student Center


Photo by Ellie Van Houtte/Town Crier
Students line up to check books out of the library in the new Grizzly Student Center at Gardner Bullis School.

Gardner Bullis School opened its new Grizzly Student Center earlier this month, introducing a lea...

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Community

Home improvement workshop scheduled Wednesday (Oct. 29)

The County of Santa Clara is hosting a free informational workshop on 6:30 p.m. Wednesday at Los Altos Hills Town Hall, 26379 Fremont Road.

The workshop will offer ways single-family homeowners can increase their homes’ energy efficiency. Eligible i...

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Comment

Off the fence: TC recommends 'yes' on N

The Town Crier initially offered no position on the controversial $150 million Measure N bond on Tuesday’s ballot. But some of the reasons we gave in our Oct. 15 editorial were, on reflection, overly critical and based on inaccurate information.

We ...

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Special Sections

Long-term solutions emerge as water conservation goes mainstream

Long-term solutions emerge as water conservation goes mainstream


Ellie Van Houtte/Town Crier
Forrest Linebarger, right, installed greywater and rainwater harvesting systems at his Los Altos Hills home.

With more brown than green visible in her Los Altos backyard, Kacey Fitzpatrick admits that she’s a little e...

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Business

Local realtors scare up money for charity

Local realtors scare up money for charity


Photo courtesy of SILVAR
Realtors Gary Campi and Jordan Legge, from left, joined Nancy Domich, SILVAR President Dave Tonna and Joe Brown to raise funds for the Silicon Valley Realtors Charitable Foundation.

Los Altos and Mountain View realtors raise...

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Books

Helping kids catch a few Zs: Local dental hygienist pens meditative bedtime book

Helping kids catch a few Zs: Local dental hygienist pens meditative bedtime book


Ellie Van Houtte/Town Crier
Mimi Sommers, who works at a Los Altos dentist’s office, recently wrote a children’s book.

A local dental hygienist recently published a book that aims to ease parents and children during a sometimes anxious e...

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People

DAVID S. NIVISON

DAVID S. NIVISON

David S. Nivison, 91 years old, and a resident of Los Altos, California since 1952, died Oct. 16, 2014 at home.  His neighbors had recently honored him as the “Mayor of Russell Ave., in recognition of 62 years of distinguished living” on that ...

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Travel

Falling leaves: Four places in California to see autumn colors

Falling leaves: Four places in California to see autumn colors


Courtesy of Castello di Amorosa
Castello di Amorosa in Calistoga, above, boasts a beautiful setting for viewing fall’s colors – and sampling the vineyard’s wines.

Yes, Virginia, there is fall in California.

The colors pop out in...

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Stepping Out

ECYS opens season Sunday

ECYS opens season Sunday


Ramya Krishna/Special to the Town Crier
The El Camino Youth Symphony rehearses for Sunday’s concert, above.

The El Camino Youth Symphony – under new conductor Jindong Cai – is scheduled to perform its season-opening concert 4 p.m....

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Spiritual Life

Christian Science Reading Room hosts webinar on prayer and healing

Christian Science practitioner and teacher Evan Mehlenbacher is scheduled to present a live Internet webinar lecture, “Prayer That Heals,” 7:30 p.m. Nov. 14 in the Christian Science Reading Room, 60 Main St., Los Altos.

Those interested ...

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Magazine

Local events add color to autumn calendar

Local events add color to autumn calendar


Van Houtte/town crier Visitors make their way through the Children’s Alley.

As Los Altos’ signature Chinese Pistache trees exchange their summer green for vibrant hues of yellow, orange and red in the fall, an abundance of local events also ad...

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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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