Mon03302015

News

Safeway escalator elicits safety concerns from customers

Safeway escalator elicits safety concerns from customers


MEGAN V. WINSLOW/Town Crier
The escalator at the Safeway on First Street poses a safety hazard, some customers allege.

A Safeway shopper who accidentally placed his cart last month on the customer escalator instead of the shopping cart track next to...

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Schools

Los Altos High hosts 30th Writers Week

Los Altos High hosts 30th Writers Week


Above Photo by Traci Newell/Town Crier;
Author Jack Andraka shares his story with fellow high school seniors during Los Altos High School’s Writers Week last week.

Los Altos High School students learned firsthand last week how professionals ...

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Community

Service dogs bring smiles, comfort to veterans at Foothill College center

Service dogs bring smiles, comfort to veterans at Foothill College center


Photos by Megan V. Winslow/Town Crier
Charles Viajar, student and U.S. Navy veteran, brings his four-legged companion Bruno to the Veterans Resource Center at Foothill College. Bruno, a 2-year-old Imperial Shih Tzu, is trained to assist Viajar with...

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Sports

Improbable run to NorCal semis saves season for St. Francis girls

Improbable run to NorCal semis saves season for St. Francis girls


Megan V. Winslow/Town Crier
St. Francis High’s Daisha Abdelkader goes on a fast break in the CCS Division II final. The senior point guard scored eight points in the Lancers’ NorCal semifinal loss to Dublin last week.

Senior Daisha Abdel...

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Comment

We'll buy it; what is it? Editorial

Would you buy a device on the condition that you are kept in the dark about how it works? Would you feel good about purchasing such a device when the contract even calls for nondisclosure of the nondisclosure form that keeps the device top secret?

T...

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Special Sections

MV resident, engineer applies brainpower to screenplays

MV resident, engineer applies brainpower to screenplays


Alicia Castro/Town Crier
High-tech vice president by day, screenwriter by night, Mountain View resident Robert Frostholm pursues his passion for storytelling.

Robert Frostholm has always been a storyteller.

Until a couple of years ago, however, hi...

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Business

Vintage Bath changes hands as new owners add twist to classic offerings

Vintage Bath changes hands as new owners add twist to classic offerings


Alicia Castro/Town Crier
Vintage Bath, the downtown Los Altos showroom, is under new leadership. Taking over are, from left, co-owners Jerry Rudick and Deena Castello and marketing and visual director Alissa McDonald.

Deena Castello – the new cu...

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Books

'Pope Joan' Book weaves tale around legend of female pontiff

'Pope Joan' Book weaves tale around legend of female pontiff


The idea that there may have a female pope at one time in history has generated much speculation throughout the centuries. “Pope Joan” (Crown, 1996) by Donna Woolfolk Cross, does not answer the question; rather, the author has created a detai...

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People

BEVERLEY JEANE (DORSEY) MCCHESNEY

BEVERLEY JEANE (DORSEY) MCCHESNEY

1944-2014

Beverley McChesney passed away at El Camino Hospital in Mountain View, CA on Sunday, Nov. 16. She had been fighting cancer for about 23 years until it went into her lungs.

She is survived by her husband David, of Cloverdale; her sisters...

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Travel

Eat, hike, soak: Cavallo Point Lodge offers Marin experience

Eat, hike, soak: Cavallo Point Lodge offers Marin experience


Eren Göknar/ Town Crier
Cavallo Point Lodge comprises former U.S. Army buildings, like the Mission Blue Chapel, repurposed for guests seeking a luxurious getaway.

It used to be a place where batteries of soldiers lived, with officers’ quarter...

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Stepping Out

Cal Pops performs Sunday at Foothill

Cal Pops performs Sunday at Foothill


Courtesy of Cal Pops
The Cal Pops trumpet section includes Dean Boysen, from left, Bob Runnels and Noel Weidkamp.

The California Pops Orchestra is scheduled to perform “Swing Time!” – a musical tour of Big Band hits from the 1930...

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Spiritual Life

Oshman JCC hosts panel on Judaism and Science

The Oshman Family Jewish Community Center has scheduled its inaugural Judaism and Science Symposium, “An Exploration of the Convergence of Jewish & Scientific Thought,” 5 p.m. April 12 at the JCC’s Schultz Cultural Arts Hall, 39...

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Magazine

Food for thought: Hidden Villa programs offer teens training in sustainability on the farm

Food for thought: Hidden Villa programs offer teens training in sustainability on the farm


/Town Crier It’s not all cute and cuddly for teens participating in the eight-week Animal Husbandry Apprenticeship program at Hidden Villa in Los Altos Hills. Mia Mosing of Palo Alto, left, and Sophia Jackson of Los Altos clean the pigpens – one of...

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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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