Wed07292015

News

Bacteria in water supply put Los Altos on high alert

Bacteria in water supply put Los Altos on high alert


Eliza Ridgeway/Town Crier
In the wake of an E. coli alert, Los Altos resident Lou Dadok stocks up on bottled water at the downtown Safeway.

California Water Service Co. earlier this week enacted emergency response protocol and alerted hundreds of L...

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Schools

BCS hosts Stretch to Kindergarten program for underserved youth

BCS hosts Stretch to Kindergarten program for underserved youth


Traci Newell/Town Crier
The six-week, tuition-free Stretch to Kindergarten program, hosted at Bullis Charter School, serves children who have not attended preschool. A teacher leads children in singing about the parts of a butterfly, above.

Local un...

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Community

Google car painting project calls on artists

Google car painting project calls on artists


Google self-driving car

Already known as an innovator in the tech field, Google Inc. is now moving in on the art world.

The Mountain View-based company July 11 launched the “Paint the Town” contest, a “moving art experiment” that invites Califo...

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Sports

Pedaling with a purpose

Pedaling with a purpose


courtesy of
Rishi Bommannan Rishi Bommannan cycled from Bates College in Maine to his home in Los Altos Hills, taking several selfies along the way. He also raised nearly $13,000 for the Livestrong Foundation, which supports cancer patients.

When R...

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Comment

The truth about coyotes: Other Voices

The Town Crier’s recent article on coyotes venturing down from the foothills in search of sustenance referenced the organization Project Coyote (“Recent coyote attacks keep residents on edge,” July 1). Do not waste your time contac...

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Special Sections

Grant Park senior program made permanent

Grant Park senior program made permanent


Photos by Alicia Castro/Town Crier
Local residents participate in an exercise class at the Grant Park Senior Center, above. Betsy Reeves, below left with Gail Enenstein, lobbied for senior programming in south Los Altos.

It all began when Betsy Reev...

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Business

New State Street rug retailer has downtown Los Altos covered

New State Street rug retailer has downtown Los Altos covered


Alicia Castro/Town Crier
Los Altos Rug Gallery owner Fahim Karimi stocks his State Street store with a wall-to-wall array of floor coverings.

A new downtown business owner plans to roll out the red carpet – along with rugs of every other color...

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Books

Book Signings

• Fritz and Nomi Trapnell have scheduled a book-signing party 4-6 p.m. Aug. 1 at their home, 648 University Ave., Los Altos.

Fritz and his daughter, Dana Tibbitts, co-authored “Harnessing the Sky: Frederick ‘Trap’ Trapnell, ...

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People

GRACE WILSON FRANKS

GRACE WILSON FRANKS

Resident of Los Altos

Grace Wilson Franks, our beloved mother and grandmother, left us peacefully on July 16, 2015 just a few weeks short of her 92nd birthday. She was born to Ross and Florence (Cruzan) Wilson in rural Tulare, California on Septem...

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Travel

Gearing up: Make travel more civilized with accessories

Gearing up: Make travel more civilized with accessories


Eren Göknar/Special to the Town Crier
San Francisco-based humangear Inc. sells totes, tubes and tubs for traveling.

In travel, as in romance, it’s the little things that count.

Beyond the glossy brochures lie the travel discomforts too mun...

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Stepping Out

Going out with a 'Bang'

Going out with a 'Bang'


Richard Mayer/Special to the Town Crier
“Chitty Chitty Bang Bang” stars, clockwise from top left, Alexander Sanchez, Sophia Sturiale, Deborah Rosengaus and Danny Martin.

Los Altos Stage Company and Los Altos Youth Theatre’s joint production of t...

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Spiritual Life

Build a 'light' house and get out of that dark place

Most of us have a place inside our hearts and minds that occasionally causes us trouble. For some, it is sadness, depression or despair. For others, it may be fear, anger, resentment or myriad other emotional “dark places” that at times seem to hij...

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Magazine

Inside Mountain View

Residents gather at NASA Ames for Pluto Flyby event

Residents gather at NASA Ames for Pluto Flyby event


Megan V. Winslow/Town Crier
NASA Ames’ Pluto Flyover event kindles the imaginations of young attendees.

Sue Moore watched the July 20, 1969, moon landing beside patients and staff members of the San Francisco hospital where she worked as a nurse...

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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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