Tue01272015

Schools

MVLA revisits prospect of ninth-grade PE exemptions

MVLA revisits prospect of ninth-grade PE exemptions


Ellie Van Houtte/Town Crier
The Mountain View Los Altos Union High School District Board of Trustees is scheduled to vote on a proposal to exempt ninth-grade student-athletes from taking PE. Students take part in a physical education class at Mount...

Read more:

Loading...

Community

Midnight Express offers late-night rides from SF

Midnight Express offers late-night rides from SF


From Midnight Express Instagram
A group of millennial-aged Santas celebrating a night on the town prepare for a safe ride from San Francisco to their South Bay homes, courtesy of Cory Althoff’s new Midnight Express shuttle.

It’s no understatemen...

Read more:

Loading...

Comment

More open than ever: Editorial

One of the Los Altos City Council’s objectives for 2015 is implementing an open-government policy. The title of the policy may be somewhat misleading, because it’s not as if the city has had a closed-government policy. But the new proposal goes beyon...

Read more:

Loading...

Business

Cassidy Turley, DTZ plan to combine

Cassidy Turley, DTZ plan to combine


Ellie Van Houtte/Town Crier
Cassidy Turley, which has offices at 339 S. San Antonio Road, is combining with DTZ following its recent acquisition.

Commercial real estate services companies DTZ and Cassidy Turley have joined forces to operate as a sin...

Read more:

Loading...

Books

Gawande's

Gawande's "Being Mortal" proves an important book on aging


Books about death and dying are usually not on my list of “must reads.”

I couldn’t resist, however, the best-selling “Being Mortal: Medicine and What Matters in the End” (Metropolitan Books, 2014) by Atul Gawande.

Read more:

Loading...

People

JUDY HOFFMANN

JUDY HOFFMANN

Judy Hoffmann passed away unexpectedly October 17, 2014 in New York City. It was only fitting Judy would be traveling and enjoying special adventures in so many different places until the very end.

Judy has lived since 1969 in Los Altos with her h...

Read more:

Loading...

Travel

Cuban photographer slated to appear at Foothill

Cuban photographer slated to appear at Foothill


Courtesy of Raúl Cañibano
Cuban photographer Raúl Cañibano is set to appear at Foothill College tonight. His work – including the image “Series: Guajira’s Land, Viñales, 2007,” right – is on display at the KCI Gallery t...

Read more:

Loading...

Stepping Out

TheatreWorks launches '2 Pianos' in Mtn. View

TheatreWorks launches '2 Pianos' in Mtn. View


Suellen Fitzsimmons/Special to the Town Crier
Christopher Tocco stars in TheatreWorks’ “2 Pianos 4 Hands,” which opened last week.

TheatreWorks’ production of “2 Pianos 4 Hands” is scheduled to run through Feb. 15 at the Mountain View Center fo...

Read more:

Loading...

Spiritual Life

Start something great by ringing in the new year with prayer

There is a tradition, which I’m told originates in the Midwest, that calls for people to pray in the new year. A few years ago, I was invited to a friend’s house and a number of people stayed up until midnight (approximately two hours pa...

Read more:

Loading...

Magazine

Christmas At Our House home tour celebrates 26 years

Christmas At Our House home tour celebrates 26 years


Courtesy of Christopher Stark
Homes on the St. Francis High School Women’s Club’s Christmas at Our House Holiday Home Tour showcase a variety of architectural styles.

The days grow short on sunshine but long on nostalgia as the holidays approach...

Read more:

Loading...

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.”

Schools »

Schools
Read More

Sports »

sports
Read More

People »

people
Read More

Special Sections »

Special Sections
Read More

Photos of Los Altos

photoshelter
Browse and buy photos