Sun02012015

News

Foothill to offer four-year degree: Foothill aims to launch dental hygiene degree in fall 2016

Foothill to offer four-year degree: Foothill aims to launch dental hygiene degree in fall 2016


Ellie Van Houtte/Town Crier
Students enrolled in Foothill College’s two-year dental hygiene program, above, can soon earn a four-year bachelor’s degree for approximately $10,000.

Foothill-De Anza Community College District Chancellor Linda M. Th...

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Schools

Freestyle hosts exhibition at Computer Science Museum

Freestyle hosts exhibition at Computer Science Museum


Traci Newell/Town Crier
Mountain View High junior and Freestyle Academy student Radika Gupta, right, works with a fellow student during a WebAudio course this month.

For three periods a day, a small subset of students from Los Altos and Mountain Vi...

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Community

Museum explores Stanford, Valley connection

Museum explores Stanford, Valley connection


Courtesy of Julie Rose
The Los Altos History Museum’s “Symbiotic Superstars” event drew a crowd including, from left, “The Lure & the Legends” creator Nan Geschke, Stanford President John L. Hennessy, historian Leslie Berlin and Adobe Systems c...

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Comment

Good compromise on PE exemptions: Editorial

While “Deflategate” captures the national sports headlines, the local issue of physical education class exemptions for freshmen seems a much worthier sports topic for discussion.

The Mountain View Los Altos Union High School District Board of Truste...

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Special Sections

Your Home Brief

Filoli hosts bird exhibition

Filoli kicks off the 2015 season of art exhibitions in its Visitor and Education Center with “The Birds of America: Audubon Collection,” a selection of prints from Filoli’s Permanent Collection, Feb. 10...

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Business

Wine & beer lounge coming to First Street

Wine & beer lounge coming to First Street


Ellie Van Houtte/Town Crier
The new wine and beer lounge Honcho heads to First Street, with a spring opening anticipated.

A cocktail lounge proposed for First Street has cleared its first hurdle – the Los Altos Planning and Transportation Comm...

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Books

"Fearless Genius" photos chart Silicon Valleys brain trust


Not every book needs pages and pages of words to tell a story – some do it through pictures.

“Fearless Genius: The Digital Revolution in Silicon Valley, 1985-2000” (Atria Books, 2014) by Doug Menuez features more than 100 photographs Menuez to...

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People

RUBY DOSHIM LAI

Ruby Doshim Lai was born on July 26, 1929 and passed away at home on January 10, 2015. A resident of Los Altos for over 50 years, Ruby is survived by her husband Bill; children Gwen, Tracy and Allyn; and grandchildren Kiyoshi and Misa.

Born on Mott ...

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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...

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Stepping Out

'Betrayal' at Pear

'Betrayal' at Pear


Ray Renati/Special to the Town Crier
The cast of Pear Avenue Theatre’s “Betrayal” includes Maryssa Wanlass, from left, Fred Pitts and William J. Brown III.

The Pear Avenue Theatre presents Harold Pinter’s investigation of modern relationships, “...

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Magazine

Tracing history on foot: Hidden Villa’s long hike

Tracing history on foot: Hidden Villa’s long hike


Campers on Hidden Villa’s Sierra Backpacking Trip study historical photos to measure how the land has changed and alternate serving as student leaders who guide the route of their three-week trek.

Amid the high-tech camps and programs of a Bay Area ...

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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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