Wed08272014

News

A flood of candidates seek seats on high school board

Two incumbents and five newcomers are vying for seats on the Mountain View Los Altos Union High School District Board of Trustees – a significant increase in the number of candidates who have run over the past 10 years.

According to data from the Sa...

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Schools

One more candidate joins MVLA race

When longtime incumbent Judy Hannemann declined to run again, the deadline to file for the upcoming Mountain View Los Altos Union High School District Board of Trustees election was extended by a few days. Mountain View resident Sanjay Dave registere...

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Community

CSA salutes 'Hometown Heroes' at breakfast

CSA salutes 'Hometown Heroes' at breakfast


Mendoza

The Community Services Agency’s 2014 “Hometown Heroes” fundraising breakfast is scheduled 7:15 a.m. Sept. 19 at the Computer History Museum, 1401 N. Shoreline Blvd., Mountain View.

“Hometown Heroes” honors individuals and businesses for...

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Sports

No suit, no sweat

No suit, no sweat


Courtesy of the Gallagher Family
Joe Gallagher – a 12-year-old from Los Altos Hills – swims from near Alcatraz Island to the San Francisco shore. His uncle, Joe Locke, an accomplished open-water swimmer, accompanied him.

For his recent s...

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Comment

Back to school, back to thumbs: Editorial

The kids are back in class at our local schools and a new political campaign season is underway, so we have our thumbs out and ready to go.

Thumbs-up: To last week’s community workshop for rebuilding the Los Altos Community Center. The Aug. 19...

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Business

Sweet Shop celebrates five-year anniversary

Sweet Shop celebrates five-year anniversary


Ellie Van Houtte/Town Crier
The Sweet Shop at 994 Los Altos Ave. marks its fifth year in business Sept. 7. The shop is a popular after-school stop for families and students.

When Stacy Savides Sullivan opened the Sweet Shop at 994 Los Altos...

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Books

"Jack London" chronicles author's adventurous life


Much has been written about American author Jack London, primarily known for his early-20th-century Western adventure novels, including the classics “White Fang” and “The Call of the Wild.”

In Earle Labor’s biography of the literary icon, “Jac...

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People

JEFF JOHNSON

JEFF JOHNSON

Jan 10, 1967 - Aug 10, 2014

Jeff was born and raised in Los Altos. He was a graduate of Los Altos High School. He then went to Foothill College where he had an opportunity to spend 3-months in Europe through a study abroad program. That experience...

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Travel

Visiting Vancouver Western Canada's premier destination has much to offer

Visiting Vancouver Western Canada's premier destination has much to offer


Photos courtesy of TOURISM VANCOUVER
Outdoor adventures abound in and around Vancouver, including a boat excursion into Horseshoe Bay and a jaunt on the Cliffwalk at Capilano Suspension Bridge Park, among the most popular attractions in British Col...

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Stepping Out

'Water' rises in Mtn. View

'Water' rises in Mtn. View


Kevin Berne/Special to the Town Crier
Elliot (Miles Gaston Villanueva) struggles to understand Odessa’s (Zilah Mendoza) online activity in TheatreWorks’ regional premiere of the award-winning drama “Water by the Spoonful.”

TheatreWorks’ regiona...

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Spiritual Life

Spiritual Briefs

Meditation group meets at Foothills Congregational

A Weekly Meditation Practice group meets 7-8:15 a.m. Tuesdays at Foothills Congregational Church, 461 Orange Ave., Los Altos.

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Magazine

Los Altos Hills home showcases resort-inspired living

Los Altos Hills home showcases resort-inspired living


Courtesy of Spectrum Interior Design
In place of a more traditional fireplace, this modern living room features a linear-flame firebox that emits heat while offering a sculpturelike design element.

After traveling the world and visiting a host o...

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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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