Sun05242015

News

Hilltop robbery suspects implicated in crimes across Bay Area

Hilltop robbery suspects implicated in crimes across Bay Area

The three Oakland men arrested in connection to the May 11 home invasion robbery of a Hilltop Drive home are under investigation for numerous additional crimes committed across the San Francisco Bay area, the Santa Clara County Sheriff's Office revea...

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Schools

Preschool matriarch steps down

Preschool matriarch steps down


Alicia Castro/Town Crier
Children’s Center Preschool Director Non Mead sits beside her granddaughter, Greta Germack, during Greta’s birthday celebration.

Non Mead is the quintessential grandmother. Wise and warm, she ties shoelaces with ...

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Community

No 'Love' for Facebook

No 'Love' for Facebook


COurtesy of TRU Love
Tru Love sent multiple messages to Facebook – and made calls to the media – before the company unlocked her account.

Tru Love’s name may be unusual, but she comes by it naturally.

If only Facebook saw it that way.

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Sports

Semi sweep

Semi sweep


Town Crier file photo
St. Francis High’s Steve Dinneen, rising up for the kill, posted 15 kills in Saturday’s CCS semifinal sweep of rival Bellarmine.

There was no letup in the Lancers. Although the St. Francis High boys volleyball team ...

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Comment

Statute of limitations: Haugh About That?

“I can’t believe he’d do this to me,” I cried hysterically. “After all we meant to each other.” Curling into a ball, torrential teenage tears melted my mascara as my entire world came crashing to an obliterated end...

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Special Sections

Cancer survivors march toward strength, hope via Relay For Life

Cancer survivors march toward strength, hope via Relay For Life


Alicia Castro/Town Crier
Cancer survivors Eileen Chun, left, and Marilyn Labetich build strength at Curves of Los Altos.

Two local women took steps toward cancer recovery by caring for themselves and celebrating alongside each other.

Eileen Chun and...

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Business

Repeat business: Répéter consignment celebrates 10 years on State Street

Repeat business: Répéter consignment celebrates 10 years on State Street


Megan V. Winslow/Town Crier
Kellee Breaux owns Répéter, the State Street women’s consignment boutique that celebrates a decade in business Saturday.

Kellee Breaux’s life is a triangle: The 36-year-old lives in Newark, teaches full time a...

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Books

People

EDITH MAY COOPER

EDITH MAY COOPER

September 20, 1908 – April 7, 2015

Edith Cooper died peacefully in her sleep on April 7th in Los Altos, California, at the age of 106, where she had been a resident for over 30 years.

She was predeceased by Frank, her husband and her 3 brothers B...

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Travel

Flying south for the winter: Antarctica trips are not just for the birds

Flying south for the winter: Antarctica trips are not just for the birds


Photos Courtesy of Dave Hadden
Los Altos residents Dave and Joan Hadden watched the scenery from the large boat and a smaller Zodiac.

Standing on the beach with hundreds of thousands of penguins is “the experience of a lifetime,” accord...

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Stepping Out

Bye bye 'Birds'

Bye bye 'Birds'


Ray Renati/Special to the Town Crier
“Birds of a Feather” stars Troy Johnson and Diane Tasca.

Pear Avenue Theatre’s world premiere of “Birds of a Feather” is set to run through Sunday in Mountain View.

The play is the third chapter in local pla...

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Spiritual Life

Mercifully in His grip: Exploring our true position in Christ

I recently read a wonderful analogy about our true position in Christ. It was shockingly contrary to the messages impressed upon me in church, but deeply rooted in the Bible. The analogy is that of child and a parent. If you have ever taken a small ...

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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

Civility Roundtable opens discussion on race, policing

With racially charged unrest shaking places like Ferguson, Mo., New York City and Baltimore, the Mountain View Human Relations Commission posed a question: “How can we prevent Ferguson from happening in Mountain View?”

Nearly 150 residen...

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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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