Wed08202014

News

Burglary bump in LAH alarms residents and Sheriff's Office

Los Altos Hills has recorded fewer burglaries than the national and state averages over the past decade, but this year the number of breaking-and-entering crimes has spiked.

Since July 1, the Santa Clara County Sheriff’s Office has recorded 14 resid...

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Schools

Community support pays dividends

Community support pays dividends


As a recent cover story in The New York Times Magazine revealed, getting low-income students into college is not enough to close the achievement/income gap. The percentage of low-income students entering college who actually earn a degree lags far ...

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Community

War veteran to visit D.C. memorial on Honor Flight

War veteran to visit D.C. memorial on Honor Flight


Ellie Van Houtte/Town Crier
Los Altos resident and World War II vet Earl Pampeyan is preparing for an Honor Flight trip to Washington, D.C., next month.

Los Altos resident Earl Pampeyan is scheduled to fly to Washington, D.C., next month to vis...

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Sports

Making a splash

Making a splash


Courtesy of Clarke Weatherspoon
Stanford Water Polo Club’s under-14 boys team earned the bronze medal at the Junior Olympics. Front row, from left: Corey Tanis, Larsen Weigle, Nathan Puentes, Walker Seymour, Alan Viollier and Jayden Kunwar. B...

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Comment

Whom can you trust?: Haugh About That?

Waving my pink poodle skirt with all the fervor of a matador preparing to tease a raging bull, I blinked my 20-year-old eyes and gave a come-hither look to indicate, “I’m ready!” Little did I know that the blind trust I had in this ...

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Special Sections

Getting right by eating right: PAMF doctor's book addresses South Asian health risks

Getting right by eating right: PAMF doctor's book addresses South Asian health risks


Ellie Van Houtte/Town Crier
Dr. Ronesh Sinha, a physician at Palo Alto Medical Foundation, promotes healthful living among the South Asian population. His new book, “The South Asian Health Solution,” includes nutritious recipes.

When you think o...

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Business

From Google to First Street: Massage therapist sets up studio in downtown Los Altos

From Google to First Street: Massage therapist sets up studio in downtown Los Altos


Ellie Van Houtte/Town Crier
Upuia Ahkiong is slated to open Kua Body Studios next month at 106 First St. Ahkiong is sharing space with Evolve Classical Pilates.

A massage therapist with ties to Google Inc. is slated to open a new – and shared...

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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

TIMOTHY WARREN WATSON (TIM)

TIMOTHY WARREN WATSON (TIM)

Born June 2, 1935, died peacefully on August 11, at home in Mountain View, surrounded by his family. He died of complications of Parkinson’s Disease after a courageous 15-year battle.

Tim was the beloved husband of 55 years to his college sweethea...

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Travel

Bergama bound: A visit to newest World Heritage site

Bergama bound: A visit to newest World Heritage site


Photo Eren GÖknar/ Special to the Town Crier
The amphitheater in Turkey’s ancient city of Pergamon, now known as Bergama, overlooks the Bakirçay River valley, left. The city’s ruins also include the Temple of Trajan.

It was 90 F during t...

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Stepping Out

TheatreWorks offers 'Spoonful' of drama beginning this week

TheatreWorks offers 'Spoonful' of drama beginning this week


Kevin Berne/Special to the Town Crier
Three strangers – “Chutes & Ladders” (Anthony J. Haney, left), Odessa (Zilah Mendoza, center) and “Orangutan” (Anna Ishida, right) – come together in an online support group in TheatreWorks’ regional premie...

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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

Festival features fun for everyone

Festival features fun for everyone


TOWN CRIER FILE PHOTO
The Los Altos Arts & Wine Festival boasts more than 375 craft and arts booths.

This weekend’s 35th annual Los Altos Arts & Wine Festival promises to be jam-packed with fun activities for just about everyone. The eve...

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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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