Wed07012015

News

Effective today, library cards free again in Los Altos

Both Los Altos libraries should see a spike in use soon. After the elimination of an $80 annual card fee that had been in place since 2011, nonresidents will receive free library cards at local libraries, effective today.

Residents of Mountain View ...

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Schools

Almond fifth-graders set sail at Shoreline

Almond fifth-graders set sail at Shoreline


Courtesy of Corinne Finegan Machatzke
Fifth- graders at Almond School launched the boats they designed and built at Shoreline Lake last month.

Almond School fifth-graders boarded their handmade boats at Shoreline Lake in Mountain View last month to...

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Community

Taking it back to 'The Streets': Local filmmaker aims to revive 1970s series 'Streets of San Francisco'

Taking it back to 'The Streets': Local filmmaker aims to revive 1970s series 'Streets of San Francisco'


Courtesy of Charles Alley
Charles Alley’s filmmaking company may be based in Mountain View, but he knows all about “The Streets of San Francisco.” He’s rebooting the 1970s TV classic.

When people look for the next hit TV show, they often assume ...

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Sports

Enjoying the moment


Courtesy of Dick D’OlivA
Former Golden State Warriors trainer Dick D’Oliva, from left, wife Vi, former Warriors assistant coach Joe Roberts and wife Celia ride on a cable car in the victory parade.

Dick D’Oliva almost couldn’...

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Comment

The death knell of suburbia: A Piece of My Mind

The orchards are gone. The single-story ranch house is seen as a waste of valuable land and air space. An eight-lane freeway thunders past the bridle paths in Los Altos Hills. But nothing has signaled the death of suburbia more strongly than the ann...

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Special Sections

While competent & safe, MKC still can't catch European competitors

While competent & safe, MKC still can't catch European competitors


courtesy of Ford
The 2015 Lincoln MKC doesn’t overwhelm as far as overall performance goes, but it does offer comfortable ride quality.

Of all the auto companies with headquarters in the United States, only Ford managed to weather the great re...

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Business

Company installs EV charging stations at LAHS

Company installs EV charging stations at LAHS


Courtesy of Green Charge
Officials from Los Altos, Los Altos Hills and the Mountain View Los Altos Union High School District celebrate the installation of electric-vehicle charging stations at Los Altos High last week.

The Mountain View Los Alto...

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Books

People

JOHN R. DOBSON

JOHN R. DOBSON

May 1, 1922 -  June 16, 2015

Resident of Los Altos 59 years

John Raymond Dobson, also known as Dobbie to his flying buddies, passed away after a long illness surrounded by his family. He leaves behind his loving wife of 72 years, Janet Barni...

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Travel

Venetian spa offers ways to de-stress

Venetian spa offers ways to de-stress


Courtesy of The VEnetian
The HydroSpa in the Canyon Ranch SpaClub at The Venetian in Las Vegas offers a muscle-relaxing bath and radiant lounge chairs.

Vegas cab drivers usually ask if you won or lost as soon as you get in their vehicles. They assum...

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Stepping Out

Cast carries 'Arcadia'

Cast carries 'Arcadia'


Courtesy of Pear Avenue Theatre
“Arcadia” stars Monica Ammerman and Robert Sean Campbell.

The intimate setting of Mountain View’s Pear Avenue Theatre proves the perfect place to stage “Arcadia,” allowing audience members to feel as though they a...

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Spiritual Life

Magazine

Living it up Older adults aim to age in place

Living it up Older adults aim to age in place


Megan V. Winslow/Town Crier
Local enthusiasts flock to the Los Altos Senior Center to play bocce ball. The center hosts informal games four days a week and occasional tournaments.

As baby boomers in Los Altos, Los Altos Hills and Mountain View nose...

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Inside Mountain View

Carrying the torch

Carrying the torch


Members of the Mountain View Police Department carry the Special Olympics torch as they run along El Camino Real between Sunnyvale and Palo Alto June 18. Members of the department participate in the relay annually to show their support for Spec...

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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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